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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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    • 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.

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      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.

Halifax - TMPP

Gram1
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Gram1

Gram1

Posted
Posted

Hi

 

Has anyone had any success at claiming back mis sold Total Mortgage Protection Plan (TMPP) from Halifax?

 

We paid it for 3 years without ever really knowing why so we cancelled it but wondered if we have a valid claim to pay back the pemiums paid as it was over £80 a month so was quite pricey.

 

I have had a search but there doesnt seem to be many examples.

 

Anyone out there dealt with this or have any tips?

 

Thanks.

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  • 1 month later...
alanalana

alanalana

Posted
Posted
anyone?

 

Hello gram I am not sure about the TMPP but it sounds like insurance to cover your inability to pay your monthly mortgage payments. I would suggest you try and reclaim as you could more than likely have got cheaper insurance than from your lender. Also check out to see if the terms and conditions had exclusions such as pre existing medical conditions, self employed etc. Please check out this link for a variety of reasons PPI and LPI and probably TMPP were mis-sold.

 

PPI - Some Notes for Claimants..

 

It would IMO be worth pressing Halifax on this point as the Competition Commissioner has given this ruling...

 

http://www.competition-commission.org.uk/rep_pub/reports/2009/542ppi.htm

 

If you can confirm that the TMPP is along the lines of PPI then you could have a valid claim to get your premiums and 8% statutory interest repaid..

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 3 months later...
the_count

the_count

Posted
Posted

Bump ......

 

Did this ever get anywhere?

I have been paying Halifax TMPP for a loooooong time and am considering claiming for mis selling.

Do the general PPI templates cover this or could someone point me in the right direction to something more relevant ?

Thanks

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  • 11 months later...
Gram1

Gram1

Posted
  • Author
Posted

Has anyone had any succesfull or unsuccessful reclaims on this TMPP? I'm particualrly interested to hear how other people have got on now, especially with the Lloyds banking Groups announcement regarding not contesting the court PPI decision and setting aside £3bn for complaints.

 

Would this Halifax TMPP come under the Lloyds announcement too?

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chrisldumas

chrisldumas

Posted
Posted

If anyone has any info on this it would be great as I have the same TMPP

 

Thanks in advance

Progress Report

 

Mine - NatWest

 

Data Protection Act Request 04/08/2006

Data Protection Act Recieved 12/09/2006

 

The Wife's - Barclays - £2000

 

Data Protection Act Request 04/08/2006

DPA Recieved 16/08/2006

Prelim Letter Sent 17/08/2006

Offer of £800 Made

 

http://www.internationalmyday.com

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  • 3 months later...
ims21

ims21

Posted
Posted

Hi

 

TMPP is, I believe, a product that is packaged with your loan and which can have a number of different types of insurance under one policy. One of those insurances could be ppi.

 

At the end of the day, if this product was mis-sold then by all means submit a claim...you have nothing to lose.

 

Regards

 

ims

 

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tm77

tm77

Posted
Posted
I already have claimed, and bizarely i received a reply yesterday! They are paying back all premiums paid plus 8%. Result.

Hi Gram, great to here you had a successful claim can i ask you how long did the process take and what did you say on the forms when you made your claim as i have just sent off my forms.

thanks in advance

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Gram1

Gram1

Posted
  • Author
Posted
Hi Gram, great to here you had a successful claim can i ask you how long did the process take and what did you say on the forms when you made your claim as i have just sent off my forms.

thanks in advance

 

Hi tm77

 

I didn't fill out any forms, i simply phoned the PPI complaints number from the Halifax website and the guy took all my info down and said that was enough for them to investigate the complaint. At the same time he also informed me about a Bank of Scotland loan from years ago that i had forgotten i ever had, and asked if i wanted to complain about that too. Which i did, and i received the same offer for that too. Result.

 

 

With regards to what i said, for the TMPP i said that we were told we had to have it to get the mortgage, we were told we couldn't get it from anyone else it had to be them, we weren't asked if we already had any other such PPI therefore wouldn't actually need it. All of which was true. That was all.

With regards to the BOS personal loan i simply said if there was PPI on it then i wasn't even told at the time that it existed. I didn't know anything about it or was asked if i needed it. That was all.

 

I had this conversation in the middle of May, so they pretty much took the full 16 weeks allowed before they replied.

I sent back the acceptance forms a week ago and phoned to check they had been received.They have, however they could not give me a timescale for settling due to the huge number of cases they are dealing with, so who knows how long it will be.

 

Cheers

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glenys1980

glenys1980

Posted
Posted

Hi,

I am going through Gladstone Brookes (GLADB)for this. I had Halifax TMPP for a total of 7 years (about £40 per month) I too was told by the advisor that I could not have my mortgage unless I took this out. I also had previous medical conditions (kidney problems and depression). But I was not asked about any previous or existing medical conditions (I can prove I had these through medical records). I only discovered after watching don't get done get Dom that if I had tried to claim on my tmpp then I wouldn't of been able to because of these prev medical problems. It was cancelled 2009 when I sold my house and paid of the mortgage. GLADB have told me Halifax now have 16 weeks to respond, I take it this means my claim is valid then? Any help or clarification would be greatly appreciated. thanks

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ims21

ims21

Posted
Posted
Hi,

I am going through Gladstone Brookes (GLADB)for this. I had Halifax TMPP for a total of 7 years (about £40 per month) I too was told by the advisor that I could not have my mortgage unless I took this out. I also had previous medical conditions (kidney problems and depression). But I was not asked about any previous or existing medical conditions (I can prove I had these through medical records). I only discovered after watching don't get done get Dom that if I had tried to claim on my tmpp then I wouldn't of been able to because of these prev medical problems. It was cancelled 2009 when I sold my house and paid of the mortgage. GLADB have told me Halifax now have 16 weeks to respond, I take it this means my claim is valid then? Any help or clarification would be greatly appreciated. thanks

 

16 weeks is the time given to banks by the FSA to investigate claims before the fos will look at the matter.

 

It doesn't necessarily mean that you will be successful at the first hit. Banks do wriggle!

 

Personally I would never use a claim company for something that can be done yourself...they will end up charging you some 25-30% or more.

 

ims

 

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