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    • Channell J in Prudential v Commissioners of Inland Revenue [1904] 2 KB 658 gives a broad definition of insurance.  Digital Satellite Warranty Cover Limited [2011] EWCA Civ 1413 confirms that extended warranties are insurance must be regulated. Over 90% certain that the parcel delivery companies parcel protection schemes are "insurance" and that they are unregulated and therefore the parcel delivery companies are committing an offence by selling it. Regulated means that the insurance is authorised but possibly exempted from certain conditions by the FCA. Notice that on all the parcel delivery companies websites, they are at great pains to avoid using the word "insurance". But in all probability that is what it is. A defence to the offence of selling unregulated insurance is that you exercised due diligence and this would mean that the parcel delivery companies would have to show that they had sought and received counsel's opinion that what they were doing is completely lawful. The fact that they are selling unregulated insurance to a certain extent is a sideshow because it still doesn't permit an exemption to section 57 of the consumer rights act. So in other words, even if it was regulated insurance – they would still be contrary to section 57 of the consumer rights act and also section 72 as it is an attempt to limit or exclude liability for failure to exercise reasonable care and skill
    • Thank you for the update - at least it's all over now. I'm a bit confused by what you say happened. What did your barrister think? HB
    • Hi everyone! Thanks for all your advice during this stressful journey. Here’s a quick update of what went down today.    The court hearing itself was very quick, lasted about 5 min.  The magistrates got me to pay the amount I owe (the outstanding travel costs), as well as a fine and surcharge. They reduced the court fees from £375 to £200.  The magistrates told me the amount I need to pay but didn’t mention anything about a criminal record. Does this mean they didn’t give me any or is it implied by giving me a fine? Please let me know. Thanks!! TD 
    • Natalie, whom I assume works for Mr Schnur, emailed me to advise that "Please be advised that Parcel2Go.com is not an insurance broker and is not backed by any. We do not offer any kind of insurance policy on any of our services. We give all our customers the opportunity to cover their goods to a preferred value so that if a claim does arise, we are able to compensate them. All our claims are self-certified, and we are not a regulated company." (full copy of her email attached)  I responded:  "Good afternoon Natalie  Have you read my email below? Are you aware of the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘protection’ on top of the standard delivery charge, and P2G were required to settle both cases (by then also incurring court costs and interest) in full. This will happen again with this case if I am not recompensed in full (£265 + £9.10 = £274.10) before 1 May 2024.  Tick tock, tick tock……" 22Apr24 - email from P2G responding to my email to Schnur of 19Apr24.pdf
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Npower CCJ for £2,185 - from 2013! Never recieved any paperwork, unaware of any debt! 988 credit score!


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Hi, i wonder if anybody can give me some advice..

 

I have just gone through a credit reference check to rent a house, i have done this before without any issue and even had a mortgage approved so my finances are good (988 score on experian!) . I work full time and have always paid my bills, i have no overdraft or credit cards.

 

The letting agent flagged up a CCJ on my account from 07/06/2013 which was filed by Npower for £2,185.

 

I moved out of this property on 01/03/2012 after only living there for 12 months. I worked 12 hours a day, 6 days a week and for the last 3 months i barely spent anytime there as i met my current partner.

 

During the first 6 months i was sent a bill for almost a £1000 from Npower for my electricity. I immediately rang Npower as this 1 bedroom under dwelling which i was barely in could not realistically cost that much for electricity. My mum paid less for a 4 bedroom house over a year. They agreed this seemed high and agreed to send out an engineer to look at the meter.

 

It was agreed that the meter did have a problem and the engineer agreed also that the house could never use that much electricity with the amount of electrical items i had and that i was one person there with a very busy job.

 

The outcome was that they were going to remove the meter and put in a pre-paid meter.

 

a few days later they changed the meter, i recieved a pre-pay card. I rang Npower and as far as they were concerned the problem had been sorted i paid a more realistic bill of a couple of hundred pounds and I continued using the pre-paid meter which cost me £10-15 per week for the amount i was there and i continued with this for the remaining 9 months without any correspondence from npower.

 

In 2012 i moved in with my partner and have done since. Now I have found out that Npower actually filed a CCJ for the amount of £2,185 for this address.

 

I have no paperwork as i cleared out old paperwork after relocating to the south. I have never recieved a letter about a CCJ or any arrears.

 

Can anyone give me advice? I am not prepared to pay this extortionate amount.

 

Thanks

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Are you sure the claimant is npower on the judgement?

 

If so sar time

 

Get all the evidence

And get it set aside

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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