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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

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

PPI claim and fraud

progenic7
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progenic7

progenic7

Posted
Posted

Hi all,

 

firstly i dont quite feel like a newbie anymore now im past my 100 posts ;-) lol

 

now then to the point, i am about to make a claim to MBNA for the usual penalty fee's, however i also had a PPI with them that i believe was mis sold by them. I didnt tick the box on the original agreement and so for about 3 weeks they hassled me over the phone to take PPI out, i told them i was self employed and that i wouldnt be covered (which i wasnt) but they insisted i would be and so i took it out.

Firtly i have just read through the new Fraud Act 2006 and im liking what i see and actually think most of us have a case under the fraud act alone.

agree ?

secondly do you think it wise to lump the PPI with the CC fee's and bring it as one mother of a claim against them, quoting every statute going especially the new fraud act ?

 

any thoughts people...

 

progenic aka Johnny

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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reidnet

reidnet

Posted
Posted

Yeah , I must admit the new Fraud Act 2006 brought a smile to my face too.. That much in fact that I added a couple of bits from it into My Statement of Claim against GE Money. The court Papers got posted off yesterday and arrived today..

 

So the touchpaper has been lit..Hope for a good old Fireworks Display Now..lol

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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progenic7

progenic7

Posted
  • Author
Posted

Hi Ian,

 

it makes very good reading doesnt it ?

but not just good reading i think we have a real argument here with this new act, so much of it is relevant its untrue. i will certainly be using paragraphs from it aswell as all the other relevant acts i can think of, the more ammo we have the better.

I have been following Battleaxe V MBNA and she has lumped together a claim for PPI with her charges, it will be interesting to see what the outcome will be.

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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reidnet

reidnet

Posted
Posted

I have used the

Fraud Act

Missrepresentation Act

FSA Principles

 

Plus I think there is more in my 9 Page Statement of Claim..lol

 

Clock is ticking now.. so Just need to wait on court processing paperwork etc..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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progenic7

progenic7

Posted
  • Author
Posted

Hi ian

 

do you have any good links to the misrepresentation and FSA principles ?

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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progenic7

progenic7

Posted
  • Author
Posted

Hi Marcelle,

 

lol well its important to be armed and ready just in case its needed, i know that the chances are very slim that any bank or CC company will show in court but just lately there have been a few cases where they are showing up, and trying to abuse the court system to boot.

Personally speaking i would relish the chance to go head to head with one of them, though i know its some peoples worst fear.

When the day comes i know i will be prepared and ready for action, and the new fraud act will be playing a part in my claim (especially for PPI)

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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reidnet

reidnet

Posted
Posted

Hi,

The Fraud Act features in my claim too.. Just waiting for the court to process the claim.. I just wonder if they will turn up and try and defend.. I hope so as I would love to get them to explain themselves in front of a judge , and the press of course..lol

 

Well my claim is out of my hands now and in the hands of the court..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Bicester1

Bicester1

Posted
Posted

Hi

 

Progenic7, link here Misrepresentation - Wikipedia, the free encyclopedia

 

Bicester1

 

 

 

MBNA WON £623

:-)

GM Card Won £580 :-)

Barclaycard LBA

Nat West Bank offer received negociating :p

Nat West CC offer received negociating :p

Lloyds PPI prelim:wink:

Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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reidnet

reidnet

Posted
Posted

Well My Summons has Arrived at GE Money... so lets see what happens next ..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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progenic7

progenic7

Posted
  • Author
Posted

bicester1 thanks for that mate, im always looking out for any info that can be added to my claim.

 

Ian what do you think are the timescales for you on this case ?

 

With the MBNA PPI im going to try and lump it together with my charges claim, atleast initially in the prelim anyway. Im not sure whether that would quite work in court though.

 

Ian have you got a link to your prelim for PPI letter ?

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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reidnet

reidnet

Posted
Posted

Im not sure what the timescale for Court will be.. I have had it Acknowledged from GE Money and a Press Contact that my Summons has been issued from Wolverhampton Court. I have not had any confirmation from the court as yet, If nothing arrives in tomorrows post I will ring them for more info on Monday.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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progenic7

progenic7

Posted
  • Author
Posted

Ian,

 

the best of luck mate not that i think you will need it or anything if you have used the arguments you say. Im still working on my prelim making sure i have all bases covered.

Then again im not so sure its a great idea to give to much away at prelim stage, perhaps a better tactic to drop the arguments on them at the last minute.

anyway good luck mate !

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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reidnet

reidnet

Posted
Posted

Thanks Progenic7 :)

 

Not sure if this will be the first of this type to go to court if it does go that far, Just have to wait and see what the come back with.

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 4 weeks later...
progenic7

progenic7

Posted
  • Author
Posted

heres the actual act thats been passed and came into effect in Janurary 2007 The Fraud Act 2006

 

http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060035_en.pdf

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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reidnet

reidnet

Posted
Posted

Hi Superman,

No outcome with GE as yet, Its at Court, they submitted thier defence at the last minute as per usual.. I have a copy of the defence and am working through it bit by bit..lol. Will have to wait to get the full copy from the court etc then respond in the usual manner. Interesting thing is they are passing the buck as per usual and blaming the loan company rather than themselves who were the Brokers.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 3 years later...
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