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    • Thank you.  I haven't spoken to anyone.  I am only a couple of weeks in. All OC and no DCA yet. I think most come under mainstream lenders so I am hopeful they will follow the usual path I have read on these threads. It's MyCommunity Finance (Brent Shrine) that I am concerned about but I will be well read up on how to deal byt the time they send a Letter before claim. I will reply to Lendable email and say that I refuse. Once I have my Credit file I will update my post with more detail. Many thanks
    • I was advised to ignore the paploc by a solicitors who said it was a fishing excercise and to answer them would be removing a big weapon in defeating that of time and demanding information within certain limits. im no lawyer so dont know if that makes sense or does not.
    • We’ve all ignored and I know people who’ve been back for years longer and always ignored and nothing has ever come of it 
    • I received several letters from J&P which were just ignored, but now I've received the same paploc Eve appears to have. As it stands, I'm looking to complete & reply as per the oft-referenced thread #5. After reading a few comments about ignoring and nothing progressing from J&P side, I'm intrigued whether they were just general 'please contact us type letters' or letters of claim/paplocs?  I realise for some it's a personal decision or based on advice, but given advice on here is not to ignore paplocs, what was the reasoning to ignore? 
    • Afternoon All. I have today received a court order requiring me to send them more details before 16:00 on 8 July. A copy of the order is attached, but the relevant paras seem to be: 2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner. You should include the following documents if available: •       A copy of the contract/agreement •       Relevant correspondence, including text messages and emails  Photographs Before 4pm 08 July 2024 3 Send to the court and send to the other party your own witness statement and also witness statements from anyone who can give relevant evidence about your case. Both parties must do this. A witness statement must •       have the court case number at the top •       start with the witness’ name and address •       it must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed. •       finish with the words “I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature. The original statement must be sent to the court and copies must be sent to the other side. Before 4pm 08 July 2024 I'm a little confused by para 7 in the order : Because this order has been made by a Legal Adviser without a hearing, you have the right to request that the decision of the Legal Adviser be reconsidered by a District Judge. Any request must be sent to the court to arrive by 4PM 12 June 2024. The request may be made in your online account, by email or on paper. The request must include an explanation of why the reconsideration is sought. Is this normal? Do I have to do anything with this by 12 June? As ever, many thanks    527MC352-claim-direction-order (anonymised).pdf
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    • 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.

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      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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Barclaycard Payment Protection etc


jmcdyre
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Hi all, just signed up and requested statements from my bank for last 6 years.

However, I was wondering about my barclaycard...I have had it for around 3 years, and noticed a couple of months ago that I had been paying payment protection each month. I never take this out, and after questioning it learned that it has been on the account since day one.

 

They have sent me a copy of the original application, on which the "I want payment protection" box had been ticked. I know I wouldn't have ticked it. How can i go about claiming this back?

 

PS I used to work for another bank and it was common practice to tick the box on postal applications and claim the application was phone based to get the commission!!

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They have refunded me 3 months of PPI, and it is now cancelled.

How can I prove I didn't sign it? I KNOW I wouldn't have, I never do.

By my reckoning, over the 3 or 4 years I've had the card I have paid almost £1000, without noticing!!

 

Anyone?

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To be blunt, unless you have a credible witness that you did not tick the box you have little chance of proving it. Another way would be if you could prove that you did not need it - for example if you are self employed and could not claim.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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I had the same problem with Barclaycard I definitely didn't tick the box but was charged the insurance for 4 months until I realised. I just phoned them up and they were actually pretty helpful - gave me the usual rubbish about how great the insurance was, blah blah blah - but then they refunded my money on the next statement with no problems. Just keep insisting you did NOT tick that box.

 

Good luck

 

Cx

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  • 12 years later...

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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