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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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    • 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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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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