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Thread: Peninsula Business Services and their trading practices

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  1. #51
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    Default Re: Peninsula Business Services and their trading practices

    I definitely agree with you 110%, [edit], I have had them breach court orders, intentionally not return calls and fail to complete paperwork as they should have done according to their service contract, let alone them mis-selling the so-called legal services by the sales rep that made it perfectly clear that he had his "Solicitors" that would be handling my case, yet only to realize he should not have signed me up as their legal cover will only cover new claims and not and an existing court claims pending yet they managed to [edit] signed me up.
    Lies upon lies and their bully tactics are very threatening , yet they fail to deal with complaints made direct to the CEO/Director , as they just pass you on like a number, this company needs to be seen for what they really are!!.... no doubt I will be seeing them in court ...just waiting on them to make the move! As I will not be taking for a fool!... nor should anyone else and be made to pay thousands upon thousands for a service you have not received!
    Last edited by Amethyst; 20th August 2015 at 16:20:PM.

  2. #52
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    Default Re: Peninsula Business Services and their trading practices

    You have too understand the contract properly.
    I am still getting bailiff demands even though they had told me on this forum they would be dealing with this issue. Guess what! They haven't
    And that after a public announcement they made here!
    Check your contract, you may find its unenforceable

  3. #53
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    Default Re: Peninsula Business Services and their trading practices

    Oh no ! they have a judgment against you don't they ? Have you looked into the possibility of applying to set that aside and then defending the claim, or is it well beyond that ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  4. #54
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    Default Re: Peninsula Business Services and their trading practices

    Yes I do
    The judge was totally dismissive of this case and had no interest in the case claiming that as a businessman "I should have known better"
    In fact I am not a business man! I was an investor only.
    The judge didn't even ask for quantum of damages for the claimant (pbs) and awarded the full amount £10k

  5. #55
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    Default Re: Peninsula Business Services and their trading practices

    MEME1981
    mis-selling the so-called legal servicesby the sales rep that made it perfectly clear that he had his "Solicitors" that would be handling my case
    Could you explain why you believe your contract was missold?

    their legal cover will only cover new claims and not and an existing court claims
    Was this not included in your Contract? It would help to see a copy of the Contract you signed, could you upload, (obviously blanking out personal data).

    Probably best not to wait for Peninsula to make a move, if you believe you have a valid claim for the mis-selling of the Contract. You should seriously consider making written representations to Peninsula directly in order to settle out of Court, i.e. Alternative Dispute Resolution (ADR).

    You could also write asking them to placed any Court action they are looking to take, on hold, pending the initiation and completion of ADR.

    Iron Man
    Have you had any written response from Peninsula following your private communications with Peninsula through this site? If so, what did they send you?

    Check your contract, you may find its unenforceable
    In you experience with Peninsula, how is the Contract unenforceable?

    Really interested to know your case claims for a Judge to dismiss your claim? Do you have a Judgment from the hearing?
    It should not matter if you allegedly "should have known better"; if the contract is unenforceable, Peninsula should have known better to write an unenforceable contract.

    The key really is, what was submitted to the Judge in your defense and what was the Judgment. Did you represent yourself?

    This company is quite secretive and we can only really understand the complaints and this company if people start to upload their information (personal info removed). The more knowledge people have the better people can defend themselves.

  6. #56
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by Iron man View Post
    Yes I do
    The judge was totally dismissive of this case and had no interest in the case claiming that as a businessman "I should have known better"
    In fact I am not a business man! I was an investor only.
    The judge didn't even ask for quantum of damages for the claimant (pbs) and awarded the full amount £10k
    Okay, as you have a judgment against you then your arguments against the contract are pretty much irrelevant unless you appealed the judgment ( and I guess it is far too later for that now) all you can do is continue to negotiate to a settlement with PBS.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  7. #57
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    Default Re: Peninsula Business Services and their trading practices

    Interestingly I took the contract to

  8. #58
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    Default Re: Peninsula Business Services and their trading practices

    Interestingly I took the contract to chattertons solicitors,
    He was very quick to dismiss it as a valid contract,
    These points were raised in my defence. Equally the solicitor for pbs also argued the judge, that there were points that were unclear and perhaps more time should allowed to clear this up.
    However the judge was clearly wanting his golf time. As I said earlier he was dismissive.
    To answer the question of contact through the last communication, pbs have not responded.

  9. #59
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    Default Re: Peninsula Business Services and their trading practices

    I believe the contract is unenforceable for several reasons.
    Firstly
    A contract cannot be ambiguous. It MUST state simply 'what is' and 'what isn't'
    The terms of my contract stated that ' that contract cannot be cancelled' but one will assume within the remit of its purpose that being a business contract. The contract is only valid for business purposes.
    However my business ended, the contract should clearly state that these circumstances are covered or not.

  10. #60
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    Default Re: Peninsula Business Services and their trading practices

    I believe the judgment could make interesting reading to the other viewers of this thread, to help assist them into where the pitfalls may be, should they end up in Court with Peninsula.

    As Amethyst rightly points out, the Judgment is useless if you have not contested it. WHen was the Judgment made?

    Iron Man
    I am quite surprised the solicitor you took the contract to was quick to state it was valid; as you state, if the contract is so ambiguous as to it's terms, it would madness to allow ambiguity in a contract and claim it is legally binding.
    It does appear that in the absence of a Clause in the Contract to state, in the event of a business closing or winding up, the Contract remains in force, you could be able to argue that the ambiguity or lack of a Clause in favour of Peninsula does not necessarily mean the Contract will fall in favour of Peninsula.

    To coin Iron Mans post #54 Peninsula
    should have known better
    , when drafting their contract.
    I would guess therefore that this all boils down to what is the reasonable expectation of both parties, of the Contract, when it was signed. Did both parties expect the contract to continue until it's expiration!

    Whilst I agree with Iron Man, that,
    the contract should clearly state that these circumstances are covered or not.
    , how does the law rest with the absence or omission of a Clause in a Contract?

    Are there any other parts of the contract which you believe are ambiguous in relation to your particular case?

  11. #61
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    Default Re: Peninsula Business Services and their trading practices

    I think a key part of arguments against the validity of the contract is that it is ( and states within the contract) entirely un-negotiable and voids any negotiations taken place between cust and sales rep ( sorry business development manager :tinysmile_twink_t2: ) I'm not much help beyond that but a key part of b2b contracts is that they are individually negotiated - otherwise it is more b2c.

    The Judgment is unlikely to go into reasoning very much unless someone has paid for the transcripts, it is likely just to say IronMan must pay PBS £10k + costs.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  12. #62
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    Default Re: Peninsula Business Services and their trading practices

    Just to clarify
    The chattertons solicitor said the contract was invalid.
    He said due to lack of clarity regarding when this contract is or isn't enforceable it cannot be deemed as a solid basis to claim from. Therefor no legitimate claim on behalf of pbs should be considered.
    Equally and jointly the number of employees on the contract was condensed to get the sale.
    We had nine employees but were covered for five. This of course is technically not in line with the cost structure at pbs. But does help the employer. However it is contentious in any event.

    In the absence of clarity and direction within a contract it would reasonable to assume bias for the customer simply because a business should 'know better' than to leave out the details.

  13. #63
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    Default Re: Peninsula Business Services and their trading practices

    I have not had sight of a copy of Iron Man's Contract so unable to comment on Amethyst's comment re the Contract not stating its non-negotiable clauses, so I would like to see hoe far or not-far the Contract from Peninsula actually goes. Agreed with Amethyst, b2b contracts are not regulated so Peninsula can put anything in it, which it chooses to.

    As wit Amethyst's statement re the reasoning; he's probably correct but still interested to know when this Judgment was awarded against you Iron Man.

    Iron Man
    I apologise, I was a little confused by the 'valid' statement.

    Well that makes it all very interesting. The lack of clarity appears to be the key issues which keeps cropping up time after time with Peninsula Contracts, yet Judges continue to rule in favour of Peninsula. Is there something the complainants are missing here in terms of how the law sees Peninsula?

    As your solicitor suggests, it appears as though their 'Business Development Managers', may have underdeveloped the number of employees to fit the affordability of the contract. I am aware of cases where Peninsula have 'underdeveloped' what is required of them resulting in a rather skinny Contract and questionable one at that.

    Do you self-represent or use a Solicitor in Court Iron Man?

  14. #64
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    Default Re: Peninsula Business Services and their trading practices

    In the interests of others I will of course post the relevant papers and contract.
    It has been brought my attention that a judge will find for the more informed claimant/defendant not necessarily the legally correct one for the reason of 'the safer bet' as some judges may not be experienced in a particular field.
    It is nieve to assume they are neutral in every case.
    That information is not supposition it is from a lawyer.

  15. #65
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    Default Re: Peninsula Business Services and their trading practices

    Any and all assistance for all viewers is appreciated.

    Sad if a Lawyer states this. Sounds very biased to me, although this maybe the case in the lower County Courts I wonder if this is the same in the Higher Courts, with more exposure and more experienced Judges.

    The best chance in any case is then surely by Appeal and High Court rather than the County Courts, providing one can afford it, or have the staying power to self-represent.

  16. #66
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    Default Re: Peninsula Business Services and their trading practices

    Yes I agree
    I think it's called cheque book justice.
    Fairness and justice is an illusion to a degree.
    That said, businesses akin to pbs practices know this and this fact only increases bad practice

  17. #67
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    Default Re: Peninsula Business Services and their trading practices

    I have a reasonable amount of experience now with how the lower end of the court system works.
    Here is a perfect example.
    I am currently suing a company called BES, bes utilities see scam wise on Twitter you tube.
    This company are mass fraudsters. I've been to court regarding this company, the judges are at a loss because it's beyond their knowledge. They didn't know utility law even though I explained it, it's complicated I admit, but they rule for the easier bet.
    Time has now shown them to be in error. As my claim will now be realised with evidence to compelling to ignore.
    The lower end of the court system is like a GP general practice. They know some easy cases and how to deal, and that's their limit.
    I'm going to be uploading the pbs file soon, thanks to you and everyone for help here.

  18. #68
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    Default Re: Peninsula Business Services and their trading practices

    does this help with clarity

  19. #69
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    Default Re: Peninsula Business Services and their trading practices

    All that looks interesting. I see you added Insurance Indemnity to your Contract.

    In the fourth box down there is a little box 'FSA Regulatory box' which states "I have received the IDD and Demands and Needs documents as required by FSA regulation and confirm this has been a non-advised sale". You appear to have signed this so agree to have received these. As you have taken out Insurance Indemnity, you are also required to have seen the Insurance Indemnity Policy Schedule, provided by the Insurance Company.

    Have you received and a had sight of the Insurance Policy Schedule? The Policy should be specific to you and your company. Without sight of the Policy Schedule, Peninsula may have broken FSA Regulations, thus nullifying the Contract, which may well mean you can set aside the Judgment against you.

    I have had information passed to me which demonstrates that Peninsula have changed their 'FSA Regulatory box' to now include this Policy Schedule, so it appears that Peninsula are aware of their previous non-compliance with FSA Regulations and have now added in this 'Policy Schedule' element to cover their failing. I have uploaded Peninsula's new 'FSA Regulatory box' to illustrate.

    In addition to this, please also find attached to this post, a copy of Peninsula's Insurance Policy Schedule. The Policy Schedule is 18 pages in length which is a very long document to accept without having sight of it, let alone Peninsula failing to mention it at all in any documents you have with your Peninsula Contract.

    It is quite clear that on Pages 16-18 of that document, the 'Schedule' requires that document to be completed with particular information, dedicated, your company and your Contract with Peninsula, namely...


    1. Business Name
    2. Business Address
    3. Policy Number
    4. Nature of Business
    5. Period of Insurance
    6. Date of proposed declaration of policy
    7. Annual Payroll
    8. Number of employees
    9. Confirmation of 4 types of Cover in Policy Schedule
    10. Total annual premium
    11. First premium
    12. Name of operative
    13. Date of issue of policy
    14. Insurance Company Signature
    15. Agency Name


    None of this information has been completed by the Insurance Company, more importantly, it has not been dated and signed by the Insurance Company itself.

    My questions would be...


    1. Are Peninsula required under FCA Regulations to provide you with a copy of this Policy Schedule?
    2. Is the Insurance Company required under FCA Regulations to provide you with a copy of this Policy Schedule?
    3. Would not having sight of this Policy Schedule, break FCA Regulations?
    4. Not having any mention from Peninsula about this Policy Schedule, would this invalidate the 'Policy Schedule' itself?
    5. Is an unsigned, undated and non-specific 'Policy Schedule' legally binding?
    6. Would failure by Peninsula, to mention and provide this 'Policy Schedule' in the correct, completed form, ultimately invalidate the Contract with Peninsula itself, as the Peninsula Contract states "The provision of an insurance indemnity covering the costs of any safety prosecutions/enforcement action and liaising with statutory authorities resulting from an incident after the date of this contract."


    Remember, the old 'FSA Regulatory box' stated is was FSA Regulation. The new 'FSA Regulatory box' omits that statement and adds in the inclusion of this 'Insurance Policy Schedule'. It therefore appears that Peninsula was legally requred by FCA Regulations to provide you with a 'Policy Schedule' and they did not.

    Is the Peninsula Contract subject to mis-selling and/or a simple invalid contract matter, provable by omission and the rectification of that omission and consequently, the Judgment against you is able to be Set-Aside, pending a hearing concerning the eligibility of the Peninsula Contact?

    Very interested to know peoples responses.
    Attached Thumbnails Attached Thumbnails FSA Regulatory Box.jpg  
    Attached Files Attached Files

  20. #70
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    Exclamation Re: Peninsula Business Services and their trading practices are an unfair 5year trap

    Hi i am currently trying to cancel a contract with PBS as it was mis-sold to my mother a small business owner it is a 5 year contract that states she has on right to cancel but PBS can cancel with 30 days notice this was not explaned to her at point of sale i see this as an unfair term of there contract im putting together a letter to FOS and a challenge letter to PBS. we also assumed they where lawyers but reading there contract it turns out its insurance.

    I have never see a contract without a cancelation policy Any points peaple can add would be great.

    All they do if you have a problem is send you a template to fill in you could get of the internet do not sign there contract there sales peaple are mis-leading and pushy.

  21. #71
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    Default Re: Peninsula Business Services and their trading practices

    Hi pauljones,

    Sorry to hear your mother is having problems with Peninsula Business Services. As this is a Business to Business Contract, they can pretty much stick anything they like in he contract.

    If you're claiming misselling around 'no explanation' at point of sale you would need to be able to prove that and it would be your word against theirs and who the judge thought more credible and acceptable.

    To have the FOS investigate properly, you will need to explain why you were missold and not just say you were missold the contract.

    As this appears to be based around the contract, it would help to see the contract itself, so please upload it here or PM it to me. Don't forget to black out the parts with your mothers' personal data.

    When did your mother sign the contract?

    From a few threads on this forum, quite a few people appear to have complaints against this company but very few people are willing to, at the very least provide their contract to allow people to help to begin the process of investigating if they have a claim and what part of the contract any possible claim may be based upon.

    I understand that it may be hassle, copying, blacking out, scanning and uploading a contract, but in order for anyone on this forum to help people with potentially valid complaints, all this helps to provide for a good understanding.

  22. #72
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    Default Re: Peninsula Business Services and their trading practices

    Came across this discussion yesterday while looking for advice about a Peninsula contract. My predecessor signed up with them for HR advice in 2009 and in 2012 added H&S services. The original agreement (which I can't find, unfortunately) was then rolled into a new 5-year one. There is nothing on the back of this document – no attached T&Cs. It's accompanied by a similar Irwell insurance document as in #70 above (don't have it to hand but will check later). In short, I'd like to terminate the contract now rather than wait until 2017 as I think I can do better elsewhere for less. Your advice welcome.
    Last edited by smollett; 19th October 2015 at 07:21:AM.

  23. #73
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    Default Re: Peninsula Business Services and their trading practices

    You are tied into a contract period of 5 years and you need to give six months notice to cancel at the end of those five years. If you miss cancelling at the end of this five year period it'll be rolled into a further five year contract.

    Are you happy with the service or is it simply an issue of the price ? ( £188.42 + VAT per month )

    If you cancel now you'd still have to pay the £188.42+VAT until the end of the 5 year period.

    HOWEVER the math's don't add up.

    £188.42+VAT per month for 60 months is £11305+VAT and it states the total fee including insurance is £2261.04 + VAT ? which would be £37.68 a month. £188.42+VAT per month would mean paying over 12 months. Unless thats the annual fee ?

    It does say quite clearly the TOTAL FEE is 2261.04 ... payable in 60 monthly installments of £188.42 due monthly

    ( Maths isn't my strong point so someone else needs to check it I must be missing something )

    How much are you paying a month?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  24. #74
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    Default Re: Peninsula Business Services and their trading practices

    I had the same initial thought about the maths. Sadly it's £2,261.04 p/a, though. It's primarily an issue with the price – £4,295 yet to pay!

  25. #75
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    Default Re: Peninsula Business Services and their trading practices

    I thought I was going mad for a minute then xx Have you discussed this with them ? It is quite clear on the contract that is the total fee for five years. If they want to change the contract to be the total fee per annum then the contract period should be per annum too.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

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