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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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Mortgage express repossession scotland


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Hi,  we will need quite a bit of information before we can advise fully.   Can you answer the following please:

 

Do you have a date for the hearing and what notification have you received regarding the repossession?

How many months in arrears are you?

Have you communicated with the lender at all regarding the arrears?

Are you working and able to pay a bit towards the arrears every month ?

Is the mortgage in joint names or just yours?

 

As soon as you answer the above we can get to work on helping you  🙂

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi thank you for the replies.

 

I know this sounds unbelievable but I'm not sure what stage It's at as I've buried my head in the Sand and pretended it's not happening 😪 

 

have crippling anxiety and depression and my daughter is neurodiverse/self harming/eating disorder and suicidal so things have been really tough at home too.

 

We have a webex hearing on the 1st March and I've been reading that i can do a "minute for recall" as we haven't replied or represented ourselves at any point 

 

Thing is I have a pretty good job but my wages were arrested for council tax for almost 3yrs and Things got very tight 

 

There is 50k left and 6k arrears 

 

It's actually only in my husband name as we bought in 2006 when i was having babies!

 

Any advice would be appreciated x x

 

Meant to say, I wrote a letter to them yesterday detailing everything, I'm happy to share privately if helpful 

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Thanks for replying - if the outstanding mortgage is 50k and the arrears 6k then the situation is certainly retrievable - how much could you afford to pay towards the arrears each month in addition to the normal monthly mortgage payment?

 

Also, how long is left on the mortgage (years/months) ?

 

Do you have any court paperwork ? I need to know what documents you have been sent

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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you cant use a minute to recall on mortgage arrears resulting in a repo hearing..sorry.

 

99% of scottish courts ive been in have an advocate or solicitor or volunteer cab person whom are there everyday from 10am specifically to help on repo cases.

 

we desperately need to see the court paperwork please

scan it all up to one mass pdf 

read our upload guide carefully.

 

 

 

 

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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sort of .....Can we have page 2 of page 3 of your PDF above please?

 

it appears Mortgage express TRIED to attain a unopposed repo degree dated 2020-09-29 but due to covid and latterly some payments, held off , it got sisted (sisted = stayed) and never got granted. this is a good point.

 

did you ever get a default notice? important

 

a section 24 notice? important

 

you are most probably able to get free legal advice even at this late stage 

contact 

 

note for @Ell-enn

 

forget the silly names used in scotland and differing processes , bottom line this is appears to be a suspended possession order they are trying to now enforce.

 

your usual advice as per E&W should work, i'll findout if there are forms to use if i can .

 

 

 

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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SCOTLAND.SHELTER.ORG.UK

You have rights if your home is being repossessed, and you could negotiate with your lender to stop it from happening.

 

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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they are entitled to serve on the premises . stop looking at 'excuses' to poss negate their process of what they did.

not worth going there.

 

i need page 2 of the attached extract from your upload earlier please.

 

 

 

Pages from mortgage letters (3).pdf

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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I'm honestly not looking for excuses, but I understand why it looks that way. This mess is completely our responsibility and I may have lost the home my 3 children were brought home from the hospital to, and I'm devastated.

 

The reason for me mentioning it is just that I was shocked that such an important and time sensitive legal document wouldn't need to be sent to us by recorded delivery or at least made sure they handed it to the intended recipient 🤷‍♀️

 

I really do appreciate the advice x

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Hi,  I strongly suggest that you contact Shelter Scotland tomorrow morning  0808 8004444 - they will guide you through the process and documentation, it's what they do every day and they have people who can represent you in court.

 

https://scotland.shelter.org.uk/housing_advice/repossession_of_your_home

 

Let us know how you get on after the phone call

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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