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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

Credit AGREEMENT -or- APPLICATION? RBS Advantage Card

diskmandave

By diskmandave
in Royal Bank of Scotland

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InKogneeToh

InKogneeToh

Posted
Posted

Hi Peter

 

I'm not picking- I was just clarifying what I had said previously - in order to answer the question you had asked!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Peterbard

Peterbard

Posted
Posted

Hi Again

Interesting issue about credit scoring an agreement after you have appied on a distance contract, it is prohibited by the regs as they say that the correct apr must be shown in order to give the consumer acoorect picture of what they are buying and allow them to accurately comare products.

So in theory any agreement/application with the words rate subject to credit does not meet the standards of the regulations and is therefore unenforceable.

 

Peter

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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InKogneeToh

InKogneeToh

Posted
Posted
Hi Again

Interesting issue about credit scoring an agreement after you have appied on a distance contract, it is prohibited by the regs as they say that the correct apr must be shown in order to give the consumer acoorect picture of what they are buying and allow them to accurately comare products.

So in theory any agreement/application with the words rate subject to credit does not meet the standards of the regulations and is therefore unenforceable.

 

Peter

 

Yeah but - no but - yeah but! :lol: -

 

I can't say I've seen any agreement that say 'rate subject to credit' and the Agreements regs/TCC regs provide that various assumptions may be made when calculating the APR if the credit limit is not known.

 

Two of these is that the credit limit will be assumed to be £1,500 and that the calculation period will be 1 year. So all agreements should show at least an APR calculated using these permitted assumptions.

 

Regards, Pam

 

P.S. -

Disclaimer

This does not constitute nit-picking but is a contribution to a debate. :D:D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Guest Battleaxe

Guest Battleaxe

Posted
Posted

Laughing at the Disclaimer Pam.

 

None of our so called CC Agreements show an APR and no credit limit.

 

This applies to A & L/MBNA and Capital One. Very naughty of the credit card companies and their lazy ways.

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Peterbard

Peterbard

Posted
Posted

Hi

I have developed a habit of picking up leaflets for applications everytime i see one in the bank in the petrol station etc (sad man)in order to look at the Section 1 details on them.

The one i got from tesco,s has a banding thing where depending on your credit rating you got on your credit score your interest varies between 26 and 55% apr its a Vanquis card. I have seen similar things on other aplications.

Since i picked this up from the supermarket as opposed to the bank i presume it is a distance arrangement so this really should not happen IMO.

As well as the two criterea for calculating APR you mentioned there are individual payment amounts and frequency as well as upfront costs applied to your account and any other fees, of course you new that but someone else might not have.(See how careful i am being.)

 

 

Regards

Peter

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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Peterbard

Peterbard

Posted
Posted
Laughing at the Disclaimer Pam.

 

None of our so called CC Agreements show an APR and no credit limit.

 

This applies to A & L/MBNA and Capital One. Very naughty of the credit card companies and their lazy ways.

Very naughty and also unenforceable of course the credit limit being a prescribed term.

The apr is unenforceable without an order from the court.

although i believe you can also make a case for unenforceability on that also under 127(1) if you can show you were missled into making the purchase by the lack of it being on the agreement.

 

Regards

Peter

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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Guest Battleaxe

Guest Battleaxe

Posted
Posted

Peter,

 

I think we can do that; so now we have them not only on Section 85 but Section 127 (1).

 

We have been playing poker with them, waiting for them to take us to court, but I think I will up the ante on them.

 

MBNA and Crap One, are you ready?

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zubo

zubo

Posted
Posted
Peter,

 

I think we can do that; so now we have them not only on Section 85 but Section 127 (1).

 

We have been playing poker with them, waiting for them to take us to court, but I think I will up the ante on them.

 

MBNA and Crap One, are you ready?

 

BA

 

I'm sitting here waiting with bated breath... there's a deathly hush around, the enemy are bloodied with s77-79, s85 and s127(1) breathing heavily they suddenly realize that there are even greater destructive weapons just around the corner.

 

btw poor man from LTSB just called me, given up on asking me security questions I always decline, needs desperately to talk to me about my accounts. I asked him to write to me but he said that they didnt have that facility... I suggested that he phoned his HO and requisitioned a pen and paper, envelopes and stamps, ... he hung up on me....

 

Z

[sIGPIC][/sIGPIC]

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zubo

zubo

Posted
Posted
Zubo, I like that line, I might try that with 1st Credit (who appear to be the next people to try and take us to court). Phew, that would be the third lot in 6 months.

 

you have to have a certain humour to put up with the sheer unadulterated pile of cr@p you get from these ****.

 

Hope all is going well for you buddy....

 

Z

[sIGPIC][/sIGPIC]

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InKogneeToh

InKogneeToh

Posted
Posted
I asked him to write to me but he said that they didnt have that facility... I suggested that he phoned his HO and requisitioned a pen and paper, envelopes and stamps, ... he hung up on me....

 

Z

 

:lol::lol::lol::lol:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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progenic7

progenic7

Posted
Posted
Hi,

 

I'm giving it a go this week (wont say who for now, MIB) but as pointed out before, no precedent can be set in small claims, needs to go higher

 

TBH, I don't think it will get to court, if the CCP have got any sense they'll settle before that happens because the response to my S78 would look like a very bad joke (gone badly wrong, in a bad way) to the court

 

I'm taking an approach to the whole thing that I believe is very fair, should it work out I'll broadcast it

 

 

Are you sure about the small claims issue ? i thought that under the normal rules of citation in court, that if a point of law is about to be confirmed/denied or a point of law slightly altered/ammended or otherwise and that case is then recorded (as it must be under the rules) whether small,multi, fast track, mercantile or high court or other, that case is then citable as an authority in any other court in the land. However a judgement made but not recorded will still be citable although it wont carry quite the weight as another case which has been recorded.

Clearly if a ruling is made that is then subject to appeal, it will tavel onto the high court, where the case will still be recorded as an appeal.

But my point is that if a small claims judge does get to make a ruling in court then that case will then become an authority on that issue.

 

 

 

IMHO

 

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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zubo

zubo

Posted
Posted

I must admit I believed that CCJudgements could not be used as precedents...

need a legal beaver for that...

 

one of Terms legal folk? or BA or .... ???

 

Calling Cavalry and cross-posting...

 

Z

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InKogneeToh

InKogneeToh

Posted
Posted

Hi

 

As far as I know, County Courts do not have jurisdiction to declare or change the law, they can only interpret and apply it, so cannot set precedent.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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pudsters14

pudsters14

Posted
Posted

Just thought I would add my little addition on here... and sorry if I am actually hijacking but I don't mean to... this is what Mr Pudsters got from American Express... comments would be much appreciated and sorry to all who have already seen this on the CCA thread...just trying to gain loads of opinions.... would love some advice from the more experienced Caggers about this and how they think I stand with it...and I've set up two threads now...they should show on my signature!!! more to come so feel free to have a gander and comment as you wish! thanx! AmericanExpressCCA-1.jpg

Have a look at what I've been up to! Thread Links! :D

 

Pudsters14 vs Lloyds TSB

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/71115-pudsters14-lloyds-tsb.html

 

 

Mr Pudsters14 vs American Express

http://www.consumeractiongroup.co.uk/forum/other-institutions/77343-mr-pudsters14-vv-american.html#post677112

 

Pudsters 14 vs MBNA

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna.html#post678400

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zubo

zubo

Posted
Posted
Just thought I would add my little addition on here... and sorry if I am actually hijacking but I don't mean to... this is what Mr Pudsters got from American Express... comments would be much appreciated and sorry to all who have already seen this on the CCA thread...just trying to gain loads of opinions.... would love some advice from the more experienced Caggers about this and how they think I stand with it...and I've set up two threads now...they should show on my signature!!! more to come so feel free to have a gander and comment as you wish! thanx! AmericanExpressCCA-1.jpg

Pudster

Hopefully you will have read my approach in my Amex link - go and insist on getting your 13 page agreement.

Z

[sIGPIC][/sIGPIC]

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Peterbard

Peterbard

Posted
Posted
Hi

 

As far as I know, County Courts do not have jurisdiction to declare or change the law, they can only interpret and apply it, so cannot set precedent.

 

Regards, Pam

 

HI

Civil Law has developed in a similar way to the way criminal law has, through a mixture of Statutory Law made by governments, and 'precedent' which is created by earlier cases. I am not sure whether this extends dowm to county court hearings my instincts say no.Needs research

Petr

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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pudsters14

pudsters14

Posted
Posted
Banks can avoid this nonsense by taking a very simple step - operate within the law (I'll call it 'OWL')

 

Regards

 

Lantana

 

PS. Obviously a nice time was had in the pub by me tonight.

Thanx Lantana... have tried to tip ur scales but i've got to share the wealth with others first...lol... I have tried to tip the scales for everyone that has helped me tho so don't think I'm favouritising (even if I have just made up that word!) Anyways...have written back to American Express and have read up on Zubos thread...Thanx Zubo!!! Lots of great advice, ill post in a min with my new thread for MBNA and their attempt at sending me an executed agreement,... if you don't mind cast y our eyes over what they have sent me and see what you think... it is also posted on the MBNA Properly Exectuted Agreements thread.... Any comms would be most appreciated! :D

Have a look at what I've been up to! Thread Links! :D

 

Pudsters14 vs Lloyds TSB

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/71115-pudsters14-lloyds-tsb.html

 

 

Mr Pudsters14 vs American Express

http://www.consumeractiongroup.co.uk/forum/other-institutions/77343-mr-pudsters14-vv-american.html#post677112

 

Pudsters 14 vs MBNA

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna.html#post678400

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pudsters14

pudsters14

Posted
Posted

Right Amex update on my thread...please have a look all...

Have a look at what I've been up to! Thread Links! :D

 

Pudsters14 vs Lloyds TSB

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/71115-pudsters14-lloyds-tsb.html

 

 

Mr Pudsters14 vs American Express

http://www.consumeractiongroup.co.uk/forum/other-institutions/77343-mr-pudsters14-vv-american.html#post677112

 

Pudsters 14 vs MBNA

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna.html#post678400

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pudsters14

pudsters14

Posted
Posted

The link is in my signature - sorry - my signature has disappeared, heres the link

http://www.consumeractiongroup.co.uk/forum/other-institutions/77343-mr-pudsters14-vv-american.html#post677112

Have a look at what I've been up to! Thread Links! :D

 

Pudsters14 vs Lloyds TSB

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/71115-pudsters14-lloyds-tsb.html

 

 

Mr Pudsters14 vs American Express

http://www.consumeractiongroup.co.uk/forum/other-institutions/77343-mr-pudsters14-vv-american.html#post677112

 

Pudsters 14 vs MBNA

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna.html#post678400

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