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    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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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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Confused about cancellation charge- HELP


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Hi, My boss took out an insurance policy last year for liability insurance. At the time he received several qoutes from different companies and by mistake signed up to the wrong one. Once the error was discovered he cancelled the policy (one month after it started). He now has been receiving letters from a debt collection agency asking for nearly £580.00 for a cancellation fee!!!!. I have tried to get a breakdown of the costs but they just tell me that it is "the fee for cancelling the policy". Surely they can't charge this sort of amount for cancelling a policy.

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I assume payment was arranged via direct debit?

 

A word of warning some Liability Insurance policies do not allow any short term cancellation fee of any kind and the full 12 month premium remains due. Is that is what has happened here?

 

Can you elaborate a bit more as to the circumsatnces etc?

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yes the payment was arranged to be paid via DD. The actual total cost of the premium was about £1780.00 for the year.

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OK some questions.

Does the £580 include any DCA fees or any other fees or is it just the outstanding premium following cancellation and which insurer was it with? Is it just a standard PL policy or a combined liability or package policy?

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The DCA fee is only £17.62 !!!!! The rest is the insurance companies "fee for cancellation". The company is Assure UK and was just a bog standard PL policy.

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I phoned the DCA, who were very unhelpful, I asked for the phone number of Assure Uk and was told that I would have to find that out for myself! I called Assure Uk, but apparently there was noone around to talk to me and that they would get someone to call me back.

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Presumably you still have the paperwork for the policy, which should contain all the terms and conditions, so you can check what it says about cancellation.

 

If you haven't, Assure UK have a freephone number - 0800 980 0770 - you could call and ask for a copy of the paperwork.

 

As for the DCAs, inform them (by fax or letter) that because they have failed to provide full details you are unable to confirm whether the money is actually owed, and you will contact them again after you have taken advice.

 

The DCA's contract is with the insurer, not you, so they should look to their client for their fees (unless the policy contract specifically states otherwise).

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check the original quote details. It will probably say somewhere about a minimum retained premium after cancellation within a certain timescale (say 6 months) and it can be expressed as a percentage of original premium.

 

Certainly not a 'time on risk' charge because 1 months premium does not equate to £580 quid.

 

Minimum retained premiums can be common with more unusual risks and where the Insurer is a 'specialist', i.e just doing PL cover etc.

 

Put is down to experience, pay up (if there was no DCA on the case I would say ignore the demand for payment) and use an experienced broker next time - who would have forewarned of the cancellation charge and indeed ensure that you had the right cover in the first place!!

 

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Jowalshy,

 

When you say your boss signed on for the wrong one, was it due to price alone or infact found that the cover was not suitable and perhaps mis-sold. That would put a different slant on the whole matter.

 

Never heard of Assure UK - are they a broker or underwriter ?

 

In repsect of the comment on minimum charges, I could accept that on say a standard PL policy costing £150 or so such as PL cover for an event or standard one man band tradesman policy but at the above cost, suspect a more "comprehensive" business PL policy. A bit more info may help to explain.

 

I suspect though that your boss has just been ripped off.

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Never heard of Assure UK - are they a broker or underwriter ?

 

 

Assure UK is a trading name of Towergate Underwriting Group Limited.

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The policy was for public liability to cover himself and the subcontractors that worked for him. He had a quote from Assure UK and many others. Obviously he decided to go with the cheapest quote, but unfortunately received the details from Assure UK the same time he received the stuff from the company that quoted the cheapest price. In error he signed all the papers from Assure UK and didn't realise until the cheapest company got back to him asking why he hadn't returned their papers. On realising the error he contacted Assure UK and cancelled the policy with them and started up with the cheapest company. He then started receiveng letters from Assure UK asking for money.

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