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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Burst water main flooded ground floor-who's liable?


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Hi there,

 

Last week a water main burst in the road outside our house and flooded our ground floor.

 

Severn Trent Water attended and told us it was their fault and they would send people round the next day to sort it out.

 

A manager turned up the following day who said as it was their fault we did not have to go through our insurers but should give them a call just to let them know what happened. STW had also brought round their contractors Rainbow who proceded to remove the carpets and make a list of damage and remedial works required.

 

Yesterday STW sent a Loss Adjuster (Cunningham Lindsey) round who informed us that if we went through STW insurance they would only cover for indemnity which means they will not replace new for old but would only cover the cost adjusted for wear and tear. He said we could go through our insurers and the full cost would then be covered. He said it shouldn't affect our future premiums as we were not liable.

 

I have a number of concerns.

 

1) Rainbow and CL are both appointed by STW and will therefore be working on their behalf. I am concerned that we will not receive fair treatment

2) CL seem to encourage us to go through our insurers but I am suspicious we have been given the wrong advice

3) I don't see how our future premiums will not increase as we will have a claim registered against us.

4) CL have a very poor reputation for rejecting and disputing claims and I am concerned they may try this with us.

 

Does anyone have any advice on how to manage this and not get ripped off?

 

I'm very wary that we are being pushed in a direction that may not be beneficial to us. I have tried contacting both Severn Trent and CL to have this clarified in writing but I have not yet heard from them. We have contacted our insurers (NU) but as yet haven't heard from them.

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Ok first off, if your own policy is 'new for old' you will be better off going through them, since STW (or their insurers) are only liable to put you back in the position you were in prior to the loss/damage.

 

Your own insurers will then seek to make a claim against the responsible party (STW) for their outlay, which is successful will not affect your policy.

 

I'd check with your own insurers first just for your own peace of mind.

 

Mossy

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Cunningham's are one of the best adjusters out there.

 

In my experience they do not "have a reputation for rejecting and disputing claims". They have a reputaton for being very good as adjusters!

 

Remember, insurance is not an investment policy. You can only get what you've paid for!

 

As I told my policyholders back in the day, try to think about this as a motor claim.

 

A third party (STW) has damaged your property. What do you do?

 

You can either claim through your own insurer (and hope they recover the costs from the negligent party) or claim from the third party directly (yes i KNOW it's not always this simple an analogy!).

 

In your case, the third party (through their representative Cunninghams) have confirmed you will only receive an indemnity settlement.

 

I would therefore be inclined to recommend the use of your own insurer if they settle new for old. I would also be inclined to ask them to appoint Cunninghams to oversee the settlement of your claim.

 

As Mossy states, the outlays should be met by the other party. Furthermore, it's unlikely that one claim alone will have ANY affect on your premiums (contrary to popular belief).

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