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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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Direct Line Home Insurance - Advice needed


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Hi all, I'm digging around for some advice on a home insurance claim which is slowly turning into a total mare. Brief history as follows.

 

21st May - Built in fridge spontaneously combusts at 6AM requiring fire engines etc. Localised fire damage, lots of smoke, one third of the kitchen is now in the garden. Luckily the burglar alarm was triggered which meant I dialled 999 within a few minutes. About £150 worth of food was lost as well.

 

After 2 weeks the loss assessor arrived. He was a complete wally who left me fuming after leaving me with a list of work comprising "replace fridge and base unit".. In fact there were three base units damaged, the melted fridge, the worktop, the scorched plasterboard, damaged floor tiles, smoke damage to ceilings/walls, broken wall tiles etc etc.. I sent my list to their loss adjusters (Cunningham Lindsey) challenging their interpretation

 

I was hoping I might use my own choice of builder but I couldn't get a definitive list of work from them with which to base a quote. The kitchen isn't new and when I pointed out I couldn't get a match for the units for either colour or design I was advised to hunt around on the internet!

 

At this point I decided to offload the problem back onto Direct Line and their builder visited the site 4 weeks after the event. That was 3 weeks ago and I've heard nothing since.

 

Their loss adjusters don't work outside office hours on claims and don't respond to my e-mails. I've tried Direct Lines complaints dept but they can't contact anyone at Cunningham Lindsay either.

 

They currently have no record of my contents claim as it was wiped from their website shortly after I'd raised my voice to a member of their staff. I've since e-mailed them the list again but there's no indication that they've received it.

 

I'm adamant that I won't allow non-matching units, floor and wall tiles to be fitted as this will de-value the house. I've offered to go halves on replacing the rest of the kitchen but all they've offered is an additional 50% of the cost of any new base units towards the entire kitchen.

 

I'm self employed and am currently working weekends/evenings to keep up with demand so haven't the time during the day to chase this down. They won't speak to my wife either as I'm the policy holder.

 

In 7 weeks I've had a replacement fridge, (a built in model but with nowhere to build it in). The kitchen still smells & there are still burnt out units in my back garden. I've also heard nothing on my contents claim (small I know but it's still rightfully mine) I've contacted a loss assessor but they said the job wasn't big enough for them to take on.

 

To cap it all I suggested I could get a better policy elsewhere but have been informed Direct Line can't cancel the policy with an outstanding claim on it!

 

My wife's spitting bullets and I'm in the firing line so I really need some advice on how to get things moving.

 

Thanks in advance. G

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Hmm a bit of a nightmare scenario for you... Im sure one of the resident claims experts can help with most of this for you but with regards to cancelling the policy there is nothing stopping you cancelling. As the claim happened prior to you cancelling the policy this should be ok and them telling you that there is an outstanding claim preventing you cancelling is rubbish.

 

The only thing with that is that you would be subject to short term cancellation charges (dont actually know what direct line charge for this).

 

good luck with this.

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The best advice I can give is to get a better insurer next time....

 

Does this claim come under the house fabric or the house contents cover? I know most contents policies explicitly exclude matching sets when one item is damaged (e.g. three piece suit, crockery and so on) but I don't know if fabric policies do - it would not make much sense. Check the wording on you policy to see if that is included.

 

As far as cancelling the policy is concerned - if you have made a claim then you will probably not be entitled to a refund if you want to cancel the policy early - that is standard in most contracts. However there is nothing they can do to stop you going to another provider on the renewal date.

 

You are of course entitled to go to your own builder - the best thing to do would be to get a quotation (better two) for the work you think needs doing and send it to Direct Line.

 

DL need to respond promptly, which they clearly haven't done, so they have put themselves in the wrong. That means you have some scope to put things right yourself and they have less scope to object/refuse to pay.

 

If you can afford to do so - and are prepared to risk not getting all the money back - then you could go ahead and get things sorted out to your satisfaction and send the bill to DL. This is the approach I have taken recently with these cowboys and it is now with the FOS to get the money back.

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Thanks for the input so far. I really appreciate it as my ignorance of this whole subject is a bit of a hindrance. The policy booklet I've got is incredibly vague so I'll ask DL for a copy of their full documentation.

 

The food etc comes under the contents policy. The kitchen is under the house fabric policy. Obviously my assumption that al insurers are the same was an incorrect one. Does any one have a recommendation for house insurance?

 

I think I'll take your advice of getting some builders in to quote based on what I think needs to be done and then fire those quotes over to DL. Being a bit naive I expected a machine to roll into action and just sort things out while I got on with my life!

 

I'm fortunate in that I run an architectural services practice so I can put a package of drawings and a spec together myself.

 

I'll check on the cancellation terms as well.

 

As things progress I'll post any updates.

 

Regards

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Sorry to hear about your claim.

 

Direct line are correct on the Kitchen units however, the policy advises if the items are not damaged they will not replace as part of a set. However, the ombudsman challenged this and now 50% towards the undamaged units is considered the norm.

 

Regarding not being able to contact Cunningham & Lindsay - I doubt this very much. Having worked for Direct lines previous loss adjuster they will not accept this. I would suggest that they have contacted Cunningham & Lindsey and C&L have said that they will get back to them, as they are very busy (due to the floods). It might be worth writing Cunningham & Lindsay a letter giving them authorisation to speak to your wife regarding the claim.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Thanks Craig. I have offered to go 50% on the rest of the kitchen but they turned me down so it sounds like that's worth pursuing. The offer they've made is to pay me 50% of the cost of the replacement units only i.e. the three damaged units. I was planning on replacement windows but they'll have to wait now!

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