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    • if the magistrate added anything else, bar the victim surcharge which is a std 'fee' everyone pays, then you have been fined as well. if a magistrate imposes a separate fine in addition to the above then that is a criminal penalty, and thus is recorded on your record. sorry but there you go. i did warn you last month it would be a miracle if you didnt get a criminal record. dx  
    • 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.

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      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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Mortgage Overpayment


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Hi,

My partner and I have been overpaying her interest only mortgage in order to try to reduce the capital.

Due to changes in our circumstances we can no longer do this and have reduced the monthly payments back to the original.

 

We could do with some extra money over xmas and wondered if we can recover the overpayments made this year?

 

As I understand things the interest is added at the start of the year so as long as we pay that amount over the year then we should not have a problem.

 

I'm not sure if the Building Societies year runs Jan-Dec or April-March but can find that out.

 

Your valued advice would be appreciated.

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I think you would be best off talking to your lender. However, I hope you realise that mortgage interest rates are starting to go up and if it isn't a fixed interest mortgage then you could find yourself with new problems later on in the New Year.

 

I know this doesn't specifically address your question, that any time at the moment is a bad time to borrow – and be motivated by a short-term need of a Christmas is may be a particularly bad reason.

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You cant recover over payments made to a Mortgage

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you need to find out and understand how this overpayment is applied to your mortgage as you cannot overpay an interest only mortgage in the way that you can for a repayment mortgage. What will generally happen is the extra money goes into a separate nominal account asnd doesnt come off the capital you borrowed until the mortgage provider receives clear instructions of what you want to do with the money. If you dont tell them then it will sit there for ever. Ths means you may well be in a position to take a "payment holiday" and the months mortgate interest you would normally pay would come out of this pot rather than your bank account but this will not be automatic, you have to speak to them. You wont be able to recover the payment as cash without some difficulty but offsetting a month's payment shouldnt attract any costs.

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