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    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Changed Address insurance claim...help!


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Hi my problem is that i moved out of the house i jointly own about 12 months ago and forgot to tell the insurance company id moved....then at the end of january the house was burgled and lot of items were taken, the insurance is in my name only.......what do i do?.....can i still claim as its still my house and some of the contents were mine like the tv and hifi that was stolen.

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Just as a clarification as well (it sounds stupid I know) but was it the house that you moved into taht had been burgled?

 

The insurer may be willing to cover the claim on the basis that you pay any difference in premiums taht would have been charged. At least taht was normal for car insurance when I worked in the industry. The same principle applies to home insurance. However, the insurer may say that they would not have covered you had they known about the change. Personally, I would not have had a problem if I were presented with a situation like this so long as there was no there was no indication of fraud or deceit. whether the insurer will or not is another matter.

 

The issue of adjusting the policy retrospectively is akin to insuring after the event. Where there is some genuine reason, as many peope do forget to tell their insurers such little things like changing their car, £2000 telly they just bought (or moving out in your case) - but usually not that much time passes. But to mention it a year later? Some may have dificulty with that.

 

Also check if your policy is still actually running - it may have renewed automatically but you will need to check.

 

If you do claim, be prepared for staff telling you that you can't claim. Many are only trained to a basic level, and even those who have a better understanding of insurance tend to get it wrong quite a lot. Just a tip - ask them to refer the matter to the FOS Helpline which is run for insurers (if it still exists - it used to). This is an advise line that assists insurers in making decisions on the more complex matters, but it is not binding on the insurer and if a complaint did go to the FOS, they are not bound to follow what they have said to the insurer. However, it may avoid long arguments and rants and get an unbiased decision more quickly.

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Its the house ive moved out of and my ex still lives there, thought id covered most things but totally forgot about the house insurance being in my name only but being paid from a joint account still with my ex which i dont use any more.

My ex suggested just to claim as if i was living there, so we dont lose out on the stuff that was stolen....he says hes been paying the premiums still every month but he didnt know it was in my name only, claiming this way bugs me as its seems dishonest and worries me if they'l check and know i dont live there anymore....i feel under pressure as he want his stuff back or replaced, but im not that bothered because ive got a new house with my bf and didnt need the things i left there.

Im still freinds with my ex and dont want to cause any problems as we have a child, should i go ahead with his plan or if not any ideas on how i can let him down or tell him what would happen if i claimed and they found out i didnt live there anymore...like a short horror this will happen if i do this kinda thing??

thanQ

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Well, to do so is dishonest and potentially fraudulent. That is something I do not advocate. If you did claim an if they sent an adjustor or investigator round, they could easily determine whether or not you actually live there or not. It is still possible that the insurer would be willing to amend the cover - but there is the risk that they will not.

 

Personally, and I know that this sounds callous, but why not tell your ex either:

1. it is nothing to do with you and you dont want to start messing about or

 

2. You have called the insurer and its not covered. A lie (and therefore against what I said in the first sentence!)

 

After all, it is really for your friendship that you are doing this (you did say tht you were not bothered with the goods being stolen). Is it that important that you feel a need to engage in deception? If it's access to your child you are worried about, that i a different matter, and the cost of stolen items should not even be a consideration.

 

Hopefully, someone will come along and advise as to the change of insurance bit (been a while since I last worked in the field), but if it would not be possible, then I think you have a bit of soul searching to do.

 

I hope things work out.

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Yes im still a joint owner, thats why my ex says i should claim......but my gut instinct says no but i feel mean if i say no.....gonna give Insurers a ring tomorrow and tell em the truth n clear my head, so fingers crossed they'l be nice and understanding......thanks 4 ur help guys :) :)

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In that case there should be no problem with you making a claim even if your not living there. Admittedly I'm not an expert on house insurance but it seems logical that the owner can insure without living the (think of all the landlords out there - I doubt they don't have insurance).

 

Anyway I think you should be able to claim and maintain a clear conscience :)

 

Hope it works out!

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A wor of warning is that what seems logical and common sense does not necessarily mean that it is what insurers do! I admit that I have lost a lot of knowledge of in this industry, so would not like to (mis)advise one way or the other. It will come down to interpretation. If the insurance is in your name, then it is was, in my time, expected that you would be living there. Otherwise, we would be naming ourselves oneveryone elses insurance and be having a bonanza. But I refer you to my caveat.

 

I would suggest seeking professional advice in the absence of anything concrete on here (with all respect to jbmb2000).

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A wor of warning is that what seems logical and common sense does not necessarily mean that it is what insurers do! I admit that I have lost a lot of knowledge of in this industry, so would not like to (mis)advise one way or the other. It will come down to interpretation. If the insurance is in your name, then it is was, in my time, expected that you would be living there. Otherwise, we would be naming ourselves oneveryone elses insurance and be having a bonanza. But I refer you to my caveat.

 

I would suggest seeking professional advice in the absence of anything concrete on here (with all respect to jbmb2000).

 

Fair enough. I forgot about logic not counting for much in the insurance industry ;)

 

Does this mean that if someone owns a property and rents it out that the renters as apposed to the owner would have to insure the property?

 

Apoligises if my comments were misleading!

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Oh now I really am being tested! As far as I recall, it the person who has a financial interest in the matter that has to insure - which is usually the owner. That is why you dont get buildings insurance on council properties, and also why you cant insure someone elses property (in general - goods, I mean). If you have no financial interest in it, then you have no potential of finanical loss if something happened to the thing insured.

 

However, a contract between a leasor and leasee(?) may stipulate that it is for the leasee to insure the property - the leasee therefore does have a financial interest.

 

I'm afraid I can't be much more help on this. Someone else might come along and be more helpful.

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If I get this right, you moved out of the 'old' property permanently but did not remember to tell the insurance company of this meaning a policy is still running on that address. The person living there is your ex-partner who owns part of the property with you.

 

I'm swaying between thinking this could be considered a 'let' property as you no longer live there, and a standard claim. Your moving out could potentially be considered a material fact that may have changed cover/premiums (i.e. is it no longer occupied during the day but used to be? has someone else moved in with him? has the insurer had the opportunity to assess the risk of the new 'tennant' i.e. claims/convictions etc.) however it sounds like an honest mistake and I'm sure the insurer would realise this.

 

If you own part of the building and need to claim - put forward a claim. You still have an interest in insuring it and indeed insurance on the property.

 

If you have little or no interest in the contents because they are his, think long and hard before claiming as it will follow you for at least 4 years (and could possibly be a factor on your new policy with your new partner - you would defo need to disclose it and let the newer insurer decide).

 

Incidentally, this also raises questions on your new policy such as No Claims Discount as you can only have 1 set of NCD running on one policy at any one time (unless you've had multiple policies in the past).

 

Ultimately, the FSA require the insurer to treat you fairly. If the change to your circumstances would not be a decline of cover by the insurer I would hope they make the required changes and consider the claim.

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