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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Can you withdraw a car insurance claim ?


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I was involved in a minor RTA where my wing mirror clipped a rear open door of a parked car. I thought its gonna go either as my fault and at the best it could go 50/50 because of the nature of the accident and the circumstances.

So asked the third party to get the quote for the repair and she came up with about £500 quote for a tiny dent on her door frame (which i think a competent DIYER can fix in 30 minutes without any trouble). The quote even had weather strips and all sorts of parts listed when the weatherstrip is no where near the dent. So i told her where to go.

But both of us have informed our insurance companies (which i think is the right thing).

Now i am wondering in either case (fault or split liability) is there a way i can reimburse the cost to the insurance company and keep/save my NCD or is it possible to cancel the claim and settle it privately.

I am in a total cloud of confusion as i have never come across anything like this.

Please Help !!:confused::confused:

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You can do either, but I would suggest the best course of action is to let the insurer deal with it and you reimburse them. I never recommend settling privately - it leaves you open to all manner of problems.

 

You can't really "withdraw" the claim, as you are liable and so are your insurers. You can of course not claim for damages to your own vehicle, but the TP will be entitled to claim off your insurer irrespective of your wishes where there is liability on your part.

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thank you for your response!! :)

so how does this reimbursement process go. I mean the third party claims for the damage off my insurer and i pay my insurer and does that protect the NCD and is it worth reimbursing my insurer ? as in would my premiums be less affected if i reimburse my insurer or is it still gonna be the same difference ?

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I do not claim to be an expert on these matters but I do not see why you believe you are to blame. You obvously did not think - I know I will clip this open door.

 

It would appear to me that if you were driving along the road and someone either opened the door or left it open and unattended it would obviously not be secure. It could move for all sorts of reasons including car movement caused by wind or body movement with people alighting from the vehicle.

 

Therefore, unless you are convinced otherwise, I would let the insurers decide liability. Too many thoughtless drivers open doors in a dangerous manner and it would be interesting to know the ratio of claims blamed on the open door owner.

 

Pedross

If you think I have helped tip my scales

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thank you pedross if i am found to be liable would reimbursing the cost make any difference to my No claims as in would it help to stop the premiums from going through the roof next year .. :confused:

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thank you for your response!! :)

so how does this reimbursement process go. I mean the third party claims for the damage off my insurer and i pay my insurer and does that protect the NCD and is it worth reimbursing my insurer ? as in would my premiums be less affected if i reimburse my insurer or is it still gonna be the same difference ?

 

It's really a case of when the claim is finally settled, ask the insurer for the total cost. Then comes the difficult bit.

 

You have to balance the cost of the claim against the cost of losing NCD and the difference between the higher premiums over the next couple of years as a result. Unfortunately, premiums are only calculated a month or so in advance, so the insurer would not be able to tell you.

 

You could, as a rough guestimate, calculate your current premium and increase it by the appropriate amount, and do the same or next year. Not very scientific or accurate, but the best that can be done really.

 

A warning though. Claim costs can be prohibitively expensive for people to do this, so don't automatically assume that you will be able to pay the insurer.

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Just on liability, you would not be liable if the TP opened the door in your path without giving you time to avoid. In any other case, you would be liable to some extent if not completely.

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