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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Direct Line Home Insurance Claim


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Hello there

 

I started my home insurance policy in January with Direct Line and added my '69 American Fender Stratocaster Guitar to the policy. My dad acquired the guitar in the late 80s as a swap for a Manx Norton motorbike in bits. His intention was to learn guitar, but he never had the time, so it's been sat in the loft ever since.

 

I've played the thing a few times in the house, but when I moved back near my parents in December '08, he agreed that I could have the guitar and start using it for gigs with my band, obviously as long as it was insured.

 

When I contacted Direct Line to take out the policy, I explained there was no proof of purchase, which they said was fine and in the event of a claim we could seek a valuation from an expert.

 

At the end of February, the guitar was taken from outside a venue we playing at while we were loading up our van. I've contacted the police, who have advised that CCTV on the high street was pointed the opposite way during the theft. The venue's CCTV does not cover the area where the van was parked for load up, so we've got no idea what happened at all.

 

Direct Line sent out a claims representative from UK Assistance, on their behalf, who says he requires documentation for the guitar. There isn't any as initially explained to the Direct Line sales person. All I have is the serial number. I don't have pictures of it as it has been sat in the loft for countless years.

 

In the end, he has asked for a signed letter from my dad to confirm he was the owner of the guitar and has given it to me.

 

This has got both myself and my dad a bit worried that if he writes this letter and they decide to reject our claim, or say it was fraud, because we cannot substantiate the guitar existed, bar the serial number, we are both going to be in trouble.

 

We really don't know what to do for the best. The guitar is worth at least £8,000 and it seems a hell of a lot to lose.

 

Any advise would be most welcome.

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The best thing is to put a complaint in writing straight away to DL.

 

Explain what you have explained here, giving dates of telephone calls, names of people you have spoken to etc where possible.

 

On the basis of what you have said, they should be able to obtain recordings of the calls and would not be able to refuse to accept liability, as they have accepted the cover on the terms you have stated. Also, the insurer cannot refuse to pay out on the basis of a lack of paperwork. Incidentally, photos may help or signed witness statements from anyone who has seen you with the guitar (from people such as a club owner or organiser - statements from friends will not carry much weight). I would also have the letter from your father drawn up. Fraud is a serious accusation and the insurer will need to have good evidence of this.

 

But whatever you do, do not speak over the phone because insurance staff are more concerned with hitting their targets than properly dealing with complaints. Whilst dealing with letters is little better, it's easier when complaining to the FOS.

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Hello again

 

I was drafting my letter to Direct Line, but I have just received a rather unpleasant, and quite rude, telephone call from them.

 

A woman from the Claims Validation team called me to go over the facts and try and catch me out on anything she could! A rather unscrupulous tactic which needless to say failed. Anyway, we got back onto the proof of ownership thing, which is proving especially difficult for me as I have nothing bar a serial number, which does determine date. The CCTV in the venue shows the guitar leaving in its case, but this is not enough to establish it's value apparently.

 

I advised I could go to any number of experts and gain written valuations based on what I know about the guitar and its condition. Apparently, the valuation should have been done before the theft and getting a valuation on a like for like does not prove ownership.

 

I've been through the terms a million times and I'm getting more and more confused.

 

The call was verging on them calling me a liar, which I cannot abide. I really won't let this lie, but don't know how to proceed.

 

Many thanks.

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DLs claims validation teams are used where there is theft. Alas, the staff who work there are sourced from sales, credit and sometimes even claims, but have little or no knowledge of insurance. They also seem to think that it is their own personal money that will be used to pay out.

 

Staff are also poorly selected as, as you have seen, they do not have the correct training or tact to deal with these things, often making it personal and treat their job as some vindictive pen pushing bureaucrats.

 

But do not worry. Though the validation is used to try and detect fraud (and they usually fail), it is also used as a more indepth claims notification.

 

If necessary, go to a valuers. Have you any photos?

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As to how to proceed, simply give a full written statement.

Obtain statements from independant third parties. A club owner for example could say that you play at their premesis with the guitar.

Provide detailed descriptions of the guitar, colour, marks, style, material etc.

 

Read my first post on here and follow that advice and see where it goes. You will get nowhere by fretting.

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  • 2 weeks later...

If you gave a time deadline, then as soon as it passes.

 

If it was a complaint, then once 5 days have passed - but not to Direct Line. In such a case, you will be able to take it to the FOS. DL will not be able to say "oh it was not a complaint" because their own definition of one is "an expression of disatisfaction in whatever form whether stated as being a complaint or not". Being busy, lost the complaint etc are not valid excuses.

 

Two things NOT to do:

1. Speak on the phone. If they call, insist it is put in writing, even if they are accepting your claim. Do not enter into any discussion into any depth at all - just say "put it in writing please" and repeat until you / they put the phone down or they agree.

2. Fail to back up any threatened action. If you have said you will go to the FOS / sue, then do it. Otherwise, you will be seen as a walkover and they will not take you seriously.

 

But I think the FOS is your next port of call.

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You're welcome. I had lots of customer saying the same thing when I worked at DL - I'm a star, wished there were more people like me, why couldn't someone just do that in the first place etc etc. Made me feel that I was doing a good job - until the team leader came over with the stats and started moaning about all the targets I missed (time on/off phone, money I paid out etc). That's why I always say put it in writing. Staff are more interested in hitting targets than helping customers.

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  • 4 years later...
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