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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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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.  

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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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Advice Please Re Insurance Co Obligation & Structural Damage?


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I have had a sewage flood of lounge, dining room, kitchen, laundry and office in the basement area of my guest house. It has been a long drawn out affair between insurance company and builders and the like; and most stressful, not only living in a building site, but being unable to take guests and earn money.

 

Basically, I had a new kitchen fitted and after a long list of poor workmanship, which the company doing the work dismissed, I employed a surveyor to come and give his opinion. He came and agreed that it was not good workmanship, but stated that my biggest problem was that I should have had my floors dug up and relaid, with a new membrane etc. I believe this is because the flood was sewage and it will have penetrated through the levels of concrete, tiles etc and will never be completely sound or germ free. Obviously, being a guest house both things are important. I notified the insurance company, because they sent two assessors round to dictate what should be done to begin with, and this was not mentioned.

 

The insurance company are dismissing the surveyor's claim and firstly said there was nothing to be done. After much wrangling, they have now agreed to appoint another surveyor for a second opinion.

 

Should they have appointed a surveyor at the start, instead of just assessors, or can they do the same? Apologies for my ignorance! Sh

 

I paid a separate premium for management of my claim. When I pointed this out the the insurance assessor (the one that was suposed to be appointed in my best interest) he laughed and said, "Do you know how much that would cost?" "It is just not viable." When I quoted the wording in the policy "to manage surveyors, builders etc etc" he said that it was marketing, just sales blurb!

 

I have heard from several sources now, that it is usual to dig up and relay floor due to sewage flooding, but is there any legislation/regulations that I can read so I know what to ask the next surveyor?

 

Thank you in anticipation of any replies.

 

JQ :-?

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Not a specialist here, but if it is in the actual insurance document wording (not in any marketing bumpf that came with it) then it stands and no amount of laughing it off can get them out of it. I am in a dispute with my insurer currently and FOS says that should it be unresolved, they would look very carefully at policy wordings. Keep pushing.

Edited by mathmagician
typing gnomes
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Thanks MM

 

Yes it was a policy document, within the policy document. I paid a separate premium for someone to manage the claim if it exeeded £5,000. They included a separate certificate and the wording is therein! Therefore, it is most definitely not marketing/sales bumpf!

 

I will keep trying, but it is tiring all the time having your opinions rejected, it is like hitting your head against a brick wall!!

 

Good luck with your case.

 

JQ

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