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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

3rd party damage

allan48
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allan48

allan48

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Posted

Can anybody offer any advice.

 

May 31st, my car broke down whilst towing my caravan. My insurance company organised a tow truck to relay both back to my home. The crazy relay driver attempted to reverse both onto the driveway but only succeeded in reversing into the house. :eek:

it is an old caravan but dry and gets used lots.

 

the relay company offered £250 to forget about it.:mad:

 

i approached a reputable coachbuilders company who estimate the cost of repairs at £2-3000:lol:

 

i know the caravan is not worth that but it is now 7 weeks after the incident and their insurance company assessor is visiting on Thursday. i was intending to go aboroad for five weeks on Saturday with it.:(

 

The advice i would like is what options do i have if the insurance company gives a low write off value for the caravan?

 

thanks for your help

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Mossycat

Mossycat

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The first thing to do is to get an accurate valuation of what your caravan is worth, you say it's not worth the £2000 - £3000 it would cost to repair it, so it sounds like it will be a total loss.

 

Next thing is to get a written estimate of the cost of repairs.

 

These should be sent to the relay company, they have a duty to put you back in the position you were in prior to the damage they caused, either by repairing the caravan or by giving you enough money to replace it.

 

You also need to advise them that you have a holiday booked, and their delay has left you with no choice but to cancel and seek compensation from them or for you to hire a caravan and take that with you.

 

You also need to claim for any other out of pocket expenses caused by them, ie phone calls, postage, mileage to repairers etc etc.

 

The options you have if the Insurance Company offers a low valuation is to find similar models on sale and tell them you can't replace it for what they are offering.

 

Post back if you need more advice, but DO NOT ACCEPT the £250 to forget about it.

 

Mossy

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