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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • AndyOrch
      Highview/DCB(L) ANPR PCN Claimform - Catford Island Retail Park London SE6

      By AndyOrch · Posted

      As stated not normal 
    • jk2054
      Striking out on SCT

      By jk2054 · Posted

      Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • MANUKI12742
      Advise on debt I currently hold

      By MANUKI12742 · Posted

      I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • dx100uk
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By dx100uk · Posted

      one reply only  follow post 2 of letter of claim <<clickme link. dx
    • abjb
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By abjb · Posted

      Sorry, I got confused  Yes, it states all three   Thanks, 

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

PPI Reclaim

fletch70

By fletch70
in Royal Bank of Scotland

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fletch70

fletch70

Posted
Posted

Hi

 

I have seen recently a couple of references to the £1 fee for a s77-79 request.

 

First one was in a rather ambiguous letter to a complaint I made to RBS and the other on another website . Both said that the fee is not necessary .

I have asked RBS to clarify that point as well as other points they conveniently glossed over but RBS being RBS I have yet to get a reply and no doubt they sail their own ship. The other website, well they have some rather strange ideas about peoples rights so I take it all with a pinch of the family salt.

 

The question is...has there been any change in the legislation with regard to the fee?

Any opinion I give is from personal experience .

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Bazooka Boo

Bazooka Boo

Posted
Posted

No there has been no change to the rules.

Depends what you are submitting a CCA for?

 

If it is for an overdraft then they are correct, of it is for a credit card/loan or a current account then they are wrong.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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fletch70

fletch70

Posted
  • Author
Posted

Thanks, that is what I thought. As I say , the letter from RBS was rather ambiguous and suggested they didn't require it anymore but with them who knows. No doubt if you didn't send it they would insist on it. As for the other website, well they do not know how to deal with debt

Any opinion I give is from personal experience .

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Peterbard

Peterbard

Posted
Posted

There is on requirement for them to charge a £1 fee of course, as long as they give you the information they can charge anything they like as long it as it is not over the statutory fee, including nothing.

 

Section 173(2) of the act says that contracting out is forbidden if it imposes an"additional duty" on the debtor or hirer, so they can do it for free if they like, as long as they comply. Not accepting the fee does not absolve them of the duty under the statute.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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fletch70

fletch70

Posted
  • Author
Posted

Dodge

So to clarify

They can charge what they want so long as it is no more than the £1.

In other words some may choose not to charge at all but if they don't charge they are still bound to provide the information

Any opinion I give is from personal experience .

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Peterbard

Peterbard

Posted
Posted
Dodge

So to clarify

They can charge what they want so long as it is no more than the £1.

In other words some may choose not to charge at all but if they don't charge they are still bound to provide the information

 

Yep, thats it,

 

Including a term in o contract, or a creditor doing something that is contrary to the statute is called "contracting out", it is expressly forbidden if It prejudices the debtor or hirer.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 5 years later...
fletch70

fletch70

Posted
  • Author
Posted

Not sure if this is in the right place but here goes

 

My estranged wife died in 2012 and the money in the bank was released to me. There was no probate and the bank paid the funeral directors. The money released did not cover all the expenses such as a small 'do' after the funeral, headstone, costs involved in clearing the house and rent owed to the council as well as 30 minutes with a solicitor.

 

Anyway, last year I made a complaint about a loan I believe was miss sold and also a PPI reclaim.

 

The PPI reclaim came back with an offer which I accepted back in October but nothing happened so late November I made a complaint. Today they have written back saying this money has been offset against the outstanding balance on the credit card - While morally I see their point is this legally correct as I am still out of pocket from the legitimate costs although proving it now might be difficult.

 

With regard to the loan, they have refused to discuss this with me unless I get probate or letters of administration- clearly at this late stage that might be difficult and expensive and possibly futile - again should I fight this?

 

This is all under English law, I am a little confused. At the time of her death I wasn't dealing terribly well with life  due to well documented problems, so records are a little shaky  

Any opinion I give is from personal experience .

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dx100uk

dx100uk

Posted
Posted

they shouldn't be offsetting a Loan PPI reclaim against a unrelated credit card debt.

 

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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fletch70

fletch70

Posted
  • Author
Posted

Sorry my mistake for not making it clear.

 

The PPI was on the credit card 

 

They refused to discuss the loan unless I had probate 

 

Although estranged for some years we were still married 

Any opinion I give is from personal experience .

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slick132

slick132

Posted
Posted

Hi Fletch,

 

Your "estranged" status doen't matter in this instance. You were still married but that gives you no automatic right to act after death.

 

If there was no will appointing you as Executor of your late wife, the bank are right to ask for Letters of Admin or Probate to show who is the right person to deal with her affairs.

 

If the PPI was set off against an unpaid balance remaining on that same credit card, then I think the bank are within thier rights.

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