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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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      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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Insure & Go Travel insurance claim


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Hi All,

 

I hope someone can give me some advice. I recently went on a snowboarding holiday and broke my arm on the 2nd day Doh!. All well

and good I thought as I had taken travel insurnace out so kept all reciepts

and medical notes etc.

 

On returning I sent off my claim to Insure & Go (Travel Claim Services) for the taxi to and from the hospital and also the invoice for the package holiday I had paid for to get reimbursement for the Ski Lessons, Ski Hire and Lift pass which I had not got to use for the remaining 5 days of the holiday all of which are clearly covered in the T&C's of the insurance.

 

I have since recieved a letter form the insurer refusing to make any payment on my claim as I have not supplied a breakdown of the individual costs of each aspect of the holiday. I don't have this as the holiday was bought as an all inclusive holiday, so i have contacted the holiday provider to request this information but they can't/won't supply a breakdown as it would seem they purchase the lessons/lift pass/ski hire on bulk for the season so can't breakdown the cost to an individual basis.

 

Are the insurance company in the right in refusing to make any payment due to this?, even though within the price I paid for the holiday are items which are covered by the insurance I took out.

 

I have been advised to go down the small claims court route to try and get a settlement but would like any advice good or bad on whether it would be worthwhile.

 

Thanks and Happy Easter

 

Chris

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I would have thought they can easily divide the total of the holiday by the amounts of days wasted and pay back pro-rata, so it seems very unreasonable. Furthermore, even if they had grounds to refuse thispart of the claim, if you have your receipts for the additional expenses, taxis etc, I fail to see how they could refuse to pay that.

 

You should write back and try to get them to see reason, but if they refuse, tell them you want them to tell you it is their final decision so you can take it to the FOS.

 

I tried to check your insurance T&Cs, but there are a few policies under skiing/snowboarding, so can you tell us which one it was so I can check it?

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Hi,

 

Thanks for your response you have confirmed what I thought that they are being unreasonable and trying it on, I shall respond to them again next week as suggested and try to make them see sense. I'm awaiting a call from a manager there on tuesday so shall see what comes of that as well. The policy I have is on the following link

http://www.insureandgo.com/travel-insurance/downloads/Standard-Policy-Wording.pdf

 

it is the silver cover and includes the ski/snowboard cover.

 

Again thanks for the advice.

 

Chris

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  • 8 months later...
  • 1 year later...

Hi,

Insure and Go are the worst travel insurance company I've ever dealt with. I had an accident in Austria back in February 2008 and to date the Austrian hospital is chasing for payment, despite me forwarding the invoice to Insure and Go. I called them several times during the last two years and they always reassure me that they will pay it and sort it out. Now the hospital is suing me if I don't pay within 14 days. Again, Insure and Go are now claiming that they have never received the invoice, however, I have proof as I kept all the emails. I don't know anymore what I shall do? Should I go to a lawyer? I hope some people read this. I don't tend to blog but this really is so upsetting and I don't want anyone to have to go through that. If you can, avoid Insure and Go AT ALL costs. It is not worth it.

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