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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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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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Urgent advice needed - Compensation for delay in insurance claim


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Hi can anyone give me some advice? We have got an insurance claim going on at the moment with Allianz insurance and they appointed Cunningham Lindsey as the loss adjuster. Our house flooded on the 5th September last year and a claim was put in the next day. Basically they came and took all the floors up downstairs and brought in all the dryers, which were in for about a month. we have two children aged 1 and 2 so there was no was we could stay there with no floors, the baby had just started crawling so obviously could not crawl about on the concrete. we therefore had to move into my parents house about 10 miles away, hoping that this would be a short term thing. Since then there have been a catalogue of errors on the loss adjusters part, for example they delayed by a month instructing some one to take up old floor tiles which were holding water, they first had to be tested for asbestos, this took another month to be done. To cut a long story short they have admitted there were unnecessary delays and I have now had to go direct to the insurance company to make a formal complaint. This has been an extremely stressful time for us all, I have been in tears on the phone to the loss adjuster because of their incompetence, we were unable to spend christmas in our home and we have had considerable expense having to pay 'board and lodge' to my parents towards heating costs etc and extra petrol to work due to having to travel approx ten miles further each way every day. Bearing in mind i have already had to pay a £200 excess on the policy.

Anyway they have rung this morning, asked what i am expecting and I have said financial compensation, which they are willing to pay. Trouble is they have put the ball in our court too give them a realistic figure and I haven't got a clue what to tell them! Can anyone advise what would be a realistic figure to ask for?? I need to get back to them by the end of the week. Thanks, Nadine

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I had a very similar thing a couple of years back. Flooded, found asbestos in the artexing etc etc. and had to move out whilst the asbestos was removed, from all the ceiling, walls etc. Have a look on your insurance document (I gather you are claiming on the buildings insurance?), you might some benefit whereby they have to pay for your board and lodgings etc. If this is the case then you can work out easily what it would cost to stay in a hotel for the duration you have been at your parents, then add things like, daily food allowances etc.

 

Fortunately, my insurance company, housed us in a hotel for the duration, paid all my dog kennel expenses, allowed me a daily food allowance and then had to pay for the contents of my freezer, after they turned the electricity off and ruined all the food and due to amounts of dust in the air my TV wouldn't work. I think all in all I got about £4,000 from the insurance company, thanks to them not being able to manage the job effectively.

 

Highly stressful time though!

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The first thing to do is to check your insurance policy. There will be a section that will list the cover (financial compensation) that you are entitled to if you have to be rehoused somewhere else. The sad news is that you almost certainly could have stayed at a hostel for a claim such of this instead of having to impose upon your parents.

 

 

Now assuming that you have the Homecover policy, then according to this link http://www.allianz.co.uk/personal/assets/pdf/new/ACPER0199-6.pdf (page 9, section 14) you are covered for rent you pay or receive, or for reasonable expenses up to 20% of the sum insured value. So if you were covered for, say £100,000 of Buildings damage then you could receive up to £20,000 compensation. So check this first to make sure what your cover is - but Allianz do sell pretty good products so I would assume that you would be more than covered for 6 months away.

 

Now the reason to check this is because if you do work out that you want to claim more than you are covered for then you will have to explain why you are entitled to this extra amount. Your argument will of course be that CL have admitted to unreasonable delays, but then Allianz will charge CL for this loss, and CL will get bitchy about it, so I would not mention this unless you absolutely have to.

 

 

 

So the next step is to work out what loss you have received from having to live at your parents. Unfortunately things like 'stress' and 'inconvenience' are very hard to prove, so you will need to go with the monetary figure that you are paying to your parents. So if for example you were paying £400pcm for the last 6 months your claim would be £2,400. Things like providing a rent book as evidence of payments, or a contract for settlement upon payment from the insurance company is a great way to help prove these figures are true.

 

After you have done this then work out anything else than may have been additional cost (extra parking permits, more petrol to get to work etc) and add them in to get to your offer. Don't take the **** but do add in everything you can think of that is reasonable, and make sure to break it down in the offer. If you have to spend an extra £5 a week on extra trips to the supermarket because there is not enough freezer space with your parents then add this in!!

 

Once you have done this then submit your offer to CL. Don't give your full breakdown at this stage: use it later to justify your cost. Just give rent and expenses and the total.

 

 

 

 

If you feel that your house will not be ready soon then it may be worth informing CL that you will be moving into a hotel / renting somewhere. Now depending on what your preferences are this can be more stressful than paying rent to a relative, so think carefully about this. Whatever you do talk to CL in advance - although this is not an uncommon thing to do you want to keep CL on your side with no nasty surprises, and obviously you are not entitled to rent a mansion ;)

 

 

Finally if you need the cash soon because you are running short (and it's amazing how a change in circumstance can really bite into any reserves you have, plus the last thing you need with all this stress is money worries) then ask for an interim payment. If your total claim was, say, £3000 then an interim payment of something like £500 is very unlikely to be refused.

 

 

Good luck, and if you have any more questions feel free to ask - there are many users here that are far more involved with the claims process than I am so they may be able to give you more specific advice.

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Hi all,

 

Many thanks for your replies this has been a big help. I have written the lady dealing with the complaint a lengthy e-mail detailing everything that has happened, and she is now apparently investigating things with the companies involved. When I wrote it all down I realised how bad things have actually been and feel very strongly that this claim has not been dealt with professionally by the loss adjusters. I have been on the phone to them in tears at times and have received absolutely no sympathy in fact at times they were downright rude! The worst thing is I did ring allianz early on and ask about alternative accomodation and they said as there was no loss of eating, sleeping or bathing facilities we would not be entitled!! I have heard fairly positive things about Allianz though so I am hoping that now they are involved the complaint will be dealt with properly. I will give you an update in due course!

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  • 1 month later...

Hi Nina12... sounds like a very stressful time, the above comments from wulfyn and other are very correct. when it comes to AA ( alternative accomodation) there is a limit.

But if you parents where to kick you out the you would effectively be homeless as your home sounds uninhabitable... get the builders,adjusters, insurers to confirm that the property IS uninhabitable and then immediately request Like4Like accomodation.. ie it doesnt have to be a hotel/motel if the works are being held up request a short term lease on a similar property within the area..The adjuster and the Insurers have the resources and remember you are intitled to it.

As for the compensation - dont hear many insurers giving money away for nothing, you must remember that they are a business..but certainly wulfyn has given you some top advise about noting every expense that can been reclaimed.

Stay positive...hopefully things will be on the move.. :)

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