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    • Thanks for the clear info. about how the estate and parking is organised.   Considering most letters drafted here are a load of abuse directed at the private parking companies, I thought the language was very restrained!  There's not an insult in there 🤣  More seriously, all the legal points in the letter are correct and I think it's good to go.  The agency "should" act and get the ticket withdrawn, but on the other hand they might well not have a clue about the law and refuse to cooperate, even if that would be worse for both you and them.  Still, it's only a stamp and nothing ventured ...   Do you know the history of the industry?  Once upon a time there was only one trade association, the BPA, with a half-decent appeals body POPLA, which often found in favour of the motorist.  This situation was unbearable for the more crooked of the PPCs like UKCPM who trotted off to a new rival association where the IPC association, its appeals body the IAS, and the firm of solicitors who most usually take on these cases ... are all run by the same people!  No conflict of interest there!  The IAS twist everything to always find in favour of the PPC.  The best analogy I can think of is the Mafia.  The Mafia no doubt have their own internal logic about oaths, what amount of protection money it is reasonable to demand, what you can to someone who cooperates with the police - none of which has any connection to the law of the country.  That's how the IAS operate.  Motorists who appeal just encourage the PPC by showing respect for their crooked "procedures", and are at risk of throwing their legal protection under the POFA away by outing themselves as the driver.   If you look in our PPC Successes thread at the top of the page (starting from the most recent cases), concentrating on cases that went to court, you'll see that in their Witness Statements the fleecers do indeed often say the motorist "should" have appealed.  I can't remember one case where the judge was the slightest bit interested in that argument.   It'll be somewhere in the POFA, Schedule 4.
    • make sure your PDF is lees than 4.8Mb's.   why wont it upload what is the error?   dx  
    • Thanks for all the help, folks, in terms of whether to reply or allege harassment - well being harassed itself it is advised anyway not to respond to them in the first instance. So as Fruit Salad and DX says ignore until letter of claim and not confirm ID which is what I will do.   As I said I note it here as part of the timeline, and just keep records of it for later if necessary. Not intending to do anything with it just yet.  
    • The Financial Ombudsman Service [FOS] has finally come back to me with its thoughts on a long-standing complaint about mis-sold PPI.   The policy was sold to me in April 1997, which, as I appreciate, is before policies became regulated by the FCA on January 14, 2005.   The policy was sold to me by Cofidis which at the time of the sale was not covered by any of the schemes which were applicable before the FCA regulated the sale of PPI policies so the FOS has asserted that my complaint cannot be pursued there.   However, I was already aware of this and my complaint to the FOS was not against Cofidis but the company that provided the cover for the PPI policy, Chubb European Group SE / ACE Insurance S.A. [‘Chubb’] which, at the time of the sale, was covered by one of the schemes that existed before 14.01.05.   The FOS acknowledges this but has said: “There does not appear to have been any direct connection between Cofidis and Chubb at the time of the sale. So the only way Chubb would be responsible is if we can establish that Cofidis was acting as an agent of Chubb when selling the PPI.”   It is the above with which I struggle to agree, but would appreciate the thoughts of those with more expertise than me in these matters.   Firstly, it seems to me there was a direct connection between Cofidis and Chubb. I have supplied the FOS with a copy of the original terms & conditions of the policy [attached here], which is titled ‘Cofidis Limited Protection Plan’ and refers throughout to Chubb. Moreover, it also states that should you wish to cancel the cover at any time you must do so not by writing directly to Chubb but to Cofidis.   This being the case, it seems clear to me that, contrary to the FOS’s assertion, there was ‘a direct connection between Cofidis and Chubb at the time of the sale’ and, what is more, it is entirely conceivable that there was an agency relationship between the two.   The FOS goes on to make the point that it contacted Chubb which advised that it ‘did not have an agency relationship with Cofidis’. Of course, they would say that wouldn’t they! More to the point, when I complained to Chubb, contrary to what they subsequently told the FOS, they said: “Unfortunately, due to the passage of time we no longer hold any information to confirm the relationship between Cofidis Insurance and Chubb when the policy was sold.’   In these circumstances, it is my belief that as a member of the Association of British Insurers, Chubb had an obligation to act in accordance with ABI guidelines and take measures to ensure that any third party, such as Cofidis, selling PPI policies on its behalf did so in accordance with the industry codes of good practice.   Any thoughts gratefully received.   Thanks in anticipation Fred Funk   Cofidis Limited Protection Plan-1-merged_compressed (1).pdf
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Micheyboo vs HSBC ****WON****


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Mich this is what i did but it depends on your circumstances

the way look at it though would have never seen the money again

but i did + the 40% on a settlement offer I made to MSC.

 

so to me it was like full payment Plus 40% bonus

 

 

Hi NB

 

In the Exact Same position right now the DCA is Is Metropolitan collection services Ltd.

 

I believe they are the in house DCA for HSBC I personally have have gone to MCS and offerd them 60% of the current value of the outstanding amount which they have accepted and I am happy for DG to settle it at the reduced negotiated rate.

 

Mine was for a Managed Loan - I ain't done with Them yet will tackle the ML seperatly.

 

Funny.... how DG New about that it the debt has been passed on to a so called independent company them. I dont recall giving my authority to MCS to talk to anyone about my debt - I would consider this as an invasion of my rights and a serious breach on the DATA protection ACT.. ok I owe them money but I still have rights.

 

I don't think they can just take the payment and pay it off you DCA

 

But you might be able to get a reduced settlement figure with you if you do go down that route offer 50% first however the will try to push it up to 60%.. This will also help your credit scoring your if it has gone to an DCA the will have entered a default against you.

 

 

I can really advise everyone is in a different boat.

 

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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have you written to the court to tell them it's settled?

 

also, this would be big help to those still worried about court bundles -

Litigation Section - View and print out litigation spreadsheets here please pm a mod with your details:

they just want username, bank, claim date, amount and date settled.

it helps to get some more wins into the info base. thanks -pass this along to others who have settled.

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No I haven't told the court yet, cos I thought I had to wait until I received my money from HSBC first, that's what I am doing. Court date isn't set yet anyway.

 

I'm confused with what I have to do with the Litigation Spreadsheet etc. and how does it helpt with court bundles, does this relate to me? I PM'd GaryH like you said to say I have accepted an offer but I didn't get a confirmation and my thread title hasn't been changed. Not sure what I am supposed to do!?

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i'm sorry - i got a bit ahead of myself - you are right - that's for after you get your money - which won't be long now.

 

in the court bundle - which you aren't going to need - there is a cases resolved list - you can extract the info by bank, or whatever data base you want - on that litigation section - i'm just showing you it. the idea is to get as many successful litigants as possible to put their details in to show the judge how many have been successful - you need to pm a mod to include your data - after you get your money.

but that's not far - i'm sure for you - you'll get it.

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congrats!!!:D

 

Thread title changed.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary, as Lattie says above I should email a mod to add me on this litigation list. I have received my cheque so will be banking it this week. When it has cleared I shall make a contribution to CAG. Please could you arrange this.

 

The total figure won is £2540.55

 

Thanks for everybody's guidance in all this, I am really happy.

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Well Done Mich!!!

 

Your turn next RHS very very soon !!!!

 

 

Oyster

 

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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I hope so dude, If i havent heard anything by friday im sending the court bundle, then sticking the delivery charge on the claim. So sick of chasing these people to do their job, i know they're busy but christ !!!!!

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