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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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    • dx100uk
      Erudio/SLC

      By dx100uk · Posted

      wont go near it with a barge pole as its ex gov't debt.  
    • dave024
      Erudio/SLC

      By dave024 · Posted

      Thanks, I've had my fill of this lot. What makes me so mad is that I had to take out student loan to get any DHSS help. And then when I tried to help myself and family they presented obstacles. Might be worth passing story to RIP off Britain?
    • dx100uk
      Another P2G / EVRi Lost Parcel Claim

      By dx100uk · Posted

      there is NO exposure if you simple remove your name address/ref numbers etc from docs, over 10'000 pdf uploads are here. which then harvests IP addresses off of the people that then do so..which is why we do not allow hosting sites. read our rules and upload carefully thats exactly why we say capture as JPG, redact, then convert/merge to one mass PDF. then online sites to achieve that we list do not leave watermarks.  every once in a while we have a user like you that thinks they know better...we've been doing it since 2006 with not one security issue. thank you.
    • dx100uk
      Link/Kearns Claimform - old Barclaycard debt - Now N244

      By dx100uk · Posted

      was at the time you ticked it  but now they've still not complied . if you read up, here , you'll see thats what everyone does,  
    • dx100uk
      Erudio/SLC

      By dx100uk · Posted

      no they never allow the age related get out, erudio are masters at faking supposed 'arrears' fees which were levied before said date and thus null its write off. 1000's of threads here on them!! scammers untied that lot. i can almost guarantee they'll state it's not SB'd too re above, but just ignore them once sent. dx    

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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.
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Mortgage Early Redemption Penalties

Seminole

By Seminole
in Mortgage companies

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SML

SML

Posted
Posted

Hello all. This is my first posting. This looks like a fascinating forum. I own a largish portfolio of properties which I had intended holding onto for many years. Due to unforeseen circumstances, I had to put some of them up for sale and I have now been made an attractive offer. I re-mortgaged most of these properties quite recently and they all have incredibly punitive ERPs which last until 2009. For example, one mortgage for around £214,000 has an ERP in excess of £10,000. Ridiculous. Most of these are with the same lender. I thought I was stuffed and would have to pay these, but, reading this string, it seems I may have a case. I used to be a lawyer but left the law 20 years ago so can't offer much in the way of legal input. But many of you seem expert in this and I'd very much appreciate some help and advice as to how to go about making my case. Many thanks.

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ppauls150

ppauls150

Posted
Posted

Welcome SML. Best advice i can give you at the moment is to please start your own thread with your information then people will be able to read your own issues with regards to this and respond to your problem as opposed to having several issues in one thread and everything getting mixed up.

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

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Paid In Full Capital One £160 Settled

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Paid In Full Cetelem £130 Settled

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Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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zootscoot

zootscoot

Posted
Posted

Hi SML,

 

I would also add that if these are investment properties your unlikely to be able to rely on many of the provisions applicable to consumers eg UCTA, UTCCR and even the common law penalty provisions vary depending on whether you are a consumer or business. (See Alfred McAlpine v Tilehurst 2003). Your chances of success are substantially reduced and as many of your claims will be fast track you run the risk of facing large legal fees.

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Robertxc

Robertxc

Posted
Posted
Hello all. This is my first posting. This looks like a fascinating forum. I own a largish portfolio of properties which I had intended holding onto for many years. Due to unforeseen circumstances, I had to put some of them up for sale and I have now been made an attractive offer. I re-mortgaged most of these properties quite recently and they all have incredibly punitive ERPs which last until 2009. For example, one mortgage for around £214,000 has an ERP in excess of £10,000. Ridiculous. Most of these are with the same lender. I thought I was stuffed and would have to pay these, but, reading this string, it seems I may have a case. I used to be a lawyer but left the law 20 years ago so can't offer much in the way of legal input. But many of you seem expert in this and I'd very much appreciate some help and advice as to how to go about making my case. Many thanks.
Hello SML, welcome to the forum. Can you please start a new thread so that you don't end up hijacking someone elses. Also, look for posts by Zootscoot. She is one of our site helpers, and has an excellent guide for reclaiming ERC.:)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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SML

SML

Posted
Posted

Thanks for your reply Zootscoot. I started up the investment property portfolio as an adjunct to my pension arrangements as my traditional pension schemes seemed to involve investing a pound to get a penny back. I still see myself as a consumer as I only have 14 properties rather than a massive portfolio and I haven't made a penny on the day to day operation as my rentals barely cover expenditure. I haven't used the equity to re-invest to build the portfolio. And I also have full time occupations which have nothing to do with property. I guess it's a question of interpretation. However, the OFT statement about mortgage penalties seems to me to apply regardless of my status.

 

I intend to draft a letter to my lender which I will be happy to post here before I send it and I'll look forward to your views.

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Robertxc

Robertxc

Posted
Posted
Thanks for your reply Zootscoot. I started up the investment property portfolio as an adjunct to my pension arrangements as my traditional pension schemes seemed to involve investing a pound to get a penny back. I still see myself as a consumer as I only have 14 properties rather than a massive portfolio and I haven't made a penny on the day to day operation as my rentals barely cover expenditure. I haven't used the equity to re-invest to build the portfolio. And I also have full time occupations which have nothing to do with property. I guess it's a question of interpretation. However, the OFT statement about mortgage penalties seems to me to apply regardless of my status.

 

I intend to draft a letter to my lender which I will be happy to post here before I send it and I'll look forward to your views.

Is this post intended for a different thread?:confused:

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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C2mof

C2mof

Posted
Posted

I am having success with Halifax on bank charges and now want to have a go at my former building society for early redemption penalties of over £10k. The concern is that a mortgage is a contract and provided the content is not illegal or immoral, a person with full capacity can enter into any terms it feels appropriate. I wonder if the court would give judgment in favour of the mortgagor.

I accept the factors of unfair contract terms and the OFT guidance but a judgment in favour of the mortgagor would open the flood gates and like it or not, it seems the courts bear this in mind when deciding.

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unicorn96

unicorn96

Posted
Posted

I have been successful in claiming back all the charges from my Banks and Credit Card Companies and would like to try to get the ERC's back from Kensington £7001 and BM £10,500. Would it be ok to use Surreyscouse's letter as a starting point, a Prelim Letter so to speak.. There are so many conflicting threads regarding ERC's and i have no idea where to start, but after reading this thread, its given me hope.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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The cobbett slayer

The cobbett slayer

Posted
Posted

I'm just having a go at Southern Pacific Mortgage Ltd.

 

It's for an ERC of just over £900. I've sent them a version of Surreyscouses letter and we'll see what they come up with.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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C2mof

C2mof

Posted
Posted

I am now totally confused with the position on early redemption penalties from Banks etc. My understanding is that an early redemption penalty, so long as it is drawn to your attention at the time of taking out the mortgage, whilst painful is not illegal or something that can be recalimed. It is a contract term and so long as there is full legal capacity of both parties to enter into a contract then it is tough luck. I read in the forum details of unsuccessful attempts to reclaim ERDs with tales of woe.

It appears that this is not now the case as others are having success. Does anyone know the exact position. I am not frightened of having a go as the Building Soc. took well over £5,000 from me but I need to know that there is some chance. Does anyone have a definitive position.

I fear that the law will support the institutions on any decision on ERDs and bank charges as to do otherwise would cause financial meltdown in the personal finance markets so I fear that they will not be reclaimable.

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zootscoot

zootscoot

Posted
Posted

There were some early successes with regards to ERCs but subsequently a precedent has been set against reclaiming them in the case of Smith v ME. In order to claim you would need to overturn this decision which means it would have to be at High court level. The chances of overturning the dicision are slim and the costs risks would be immense. So not worth pursuing.

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andrew1

andrew1

Posted
Posted

Did I read somewhere that there was a court case today with regard to ERC's?

 

I am about to be stung £7500 by Abbey for ending my discounted rate early as the term was until May 08. Whilst I appreciate what Cm2of says, has there been any changes to this and is there any chance of reclaiming this does anyone know?

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Robertxc

Robertxc

Posted
Posted

I don't think there's been any change. I think this is pretty much a dead issue now I'm afraid.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Seminole

Seminole

Posted
  • Author
Posted

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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