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

the_shadow

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Everything posted by the_shadow

  1. the_shadow
    If you issued a defence to the claim then its game over for them using the same circumstances or particulars of claim so to speak, once you have defended a claim they cannot then raise the same issue again without the material facts being different. They can chase outside of course but that should be it as far as legal action goes. S.
  2. the_shadow
    Have they put the screens up at the gates of downing street yet? talk was of stopping the likes of you and me even looking down at the door of number 10, tv crew and politicians only.. all in the name of security I'm sure S.
  3. the_shadow
    yep and the devils in the terms and conditions..... S.
  4. the_shadow
    Just one slight caveat to that, the SB date is from when cause of action arises, in most t&c of credit cards/loans there is normally a period of non-payment PRIOR to the default and termination and hence the time when court action can take place, its 6 years (5 in Scotland) from that point. Normal industry standard is 3 months after the last payment missed imho so add a little to the end JUST TO BE SURE. S.
  5. the_shadow
    I'm probably getting confused but why werent you able to claim on the PPI when made unemployed? S.
  6. the_shadow
    Did you make any claims on the PPI at all? How did you take out the PPI, tickbox on application, face to face meeting etc? What is the state of the loan at present, has it been farmed out to a DCA? S.
  7. the_shadow
    Nobody other than the DCA can tell you if they will or wont take you to court, I can only give an opinion, my opinion is that what they have supplied is NOT sufficient to take you to court S.
  8. the_shadow
    Well to be fair it would be an industry first imho S.
  9. the_shadow
    In what context???... taking you to court NO not imo, complying with s77/s78 yes if the agreement is that old YES imo S.
  10. the_shadow
    Ok, Barclaycard say that current terms and conditions meet their s77/s78 responsibilities, wrong according to Carey vs HSBC. They would need to provide the original t&c as well as the current t&c. S.
  11. the_shadow
    Ah ok, so they havent provided your executed agreement then? as in the one you allegedly signed? If they provide a current agreement then they need to provide the terms from the original plug the terms from the current. Its a bit strange they havent tried to send you a reconstruction instead, so long as they know your address at the time the card was taken out it would be simpler to comply with s77/s78 with a reconstruction rather than fart around. Sending you a copy of an agreement from 1983 which is not the one signed is pointless imho. S.
  12. the_shadow
    If it contains the prescribed terms yes imho an application can.... as to what the word "contains" means in this form its down to a judge, Carey suggested if a reference to a document encompassing the terms was given at the time of signature it would be a binding executed agreement. S.
  13. the_shadow
    The fact the t&c are referenced on the signature page will satisfy Carey vs HSBC IF they can produce the original conditions as per the 1983 agreement, without them it doesnt meet the requirements of a s78 request as laid out in Carey. S.
  14. the_shadow
    You should never just TELL them you want them to deal with you in writing only, you MUST WRITE it and send signed for or obtain proof of posting. You should complain they have ignored your request and see what they come back with, I suspect the recording of your phone conversation might be "lost" or overwritten. S.
  15. the_shadow
    They need to get their crayons out and update their threatograms... t&c sufficient to comply with a s77/s78 request... :lol: bunch of jokers!
  16. the_shadow
    Theyve never been fantastic at responding to a SAR, they will claim and the ICO will possibly back them up that the SAR applications 40 day timelimit doesnt start until they receive the full request..i.e the application, the form of payment and proof of address. S.
  17. the_shadow
    Apparently this morning sky news are reporting problems with people getting into the online banking at all... http://news.sky.com/home/uk-news/article/16252281 Oh dear Natwest... you really are in a pickle. Natwest's "help" page... http://www.natwest.com/personal/customer-update.ashx
  18. the_shadow
    Can we please have a brewsters millions "none of the above" candidate
  19. the_shadow
    This!
  20. the_shadow
    http://govanlc.blogspot.co.uk/2012/06/natwest-rbs-ulster-bank-your-rights.html
  21. the_shadow
    I think at the moment due to it still being an ongoing thing they are just concentrating on the fixing and providing extended hours for people to visit the banks, they have stated numerous times they will ensure nobody is out of pocket and I believe thats in the banking code or BCOBS now also. For consequential losses I would imagine a claim via FOS or a court claim would be required. Over the coming days there will be a lot more coming out including possibly the actual cause of the problem S.
  22. the_shadow
    Have you made a formal complaint to the court manager at all? I think its worth doing this in writing, you have been given the run around here on multiple occasions. They need to get their act together. S.
  23. the_shadow
    Well if this was in response to a s77/s78 request then they've not compiled until the t&c are supplied, the fact is tho that they will either chase hard for the next 6/7 months to hopefully get you to slip up and pay something which will reset the Stat barred status or they will issue proceedings if confident of there case. If it was me and this close to SB I would be inclined to wait for their next move, I'm afraid it does leave you open to doorstop collectors/threatagrams and excessive phone calls in the meantime however. S.
  24. the_shadow
    Strangely enough I live near Corston and I'm damned if I've seen half the shops they show on tv there
  25. the_shadow
    Looks like a microfiche copy of an mortgage credit card? I notice on PPI neither the Yes nor the No is ticked, would be interesting to see what they did in this instance, have you any of the statements that show whether PPI was being paid? No terms and conditions on the form so assume they are saying you had them alongside and they are referenced somewhere on this piece of paper. Actually I've just seen a reference in the declaration that states terms and conditions overleaf. Have they supplied the original terms and conditions separately? S.

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