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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
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insurer won't pay for lost ring, please help


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Hi, i am very upset having lost my engagement ring :(. The loss adjuster has just visited me and said the only problem he can forsee is the ring not being insured as it was purchased in the USA in 2005 and we don't have proof of having declared it at customs upon bringing it into the UK. He says there is statute / case law on this, but couldn't give me the details and I have google searched to no avail:confused:.

 

Obviously Esure have accepted my premiums for this ring and have the valuation as proof of its existence and value, i have checked their policy and scrutinised their documentation but nowhere does it mention jewellery being bought abroad. I followed their procedure to the letter i.e. it is insured for accidental loss / damage and is a specified item on the policy.

 

Can anyone please help??

Edited by missy100
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Wait until you get a reply from the insurers, I've never heard of an insurer refusing to pay out on something that was purchased abroad that hadn't been subject to UK import taxes.

 

I'd expect the insurer to deal with the claim, so I think you are worrying over nothing

 

Mossy

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I hope so thank you, I've been ill since losing it and now feel worse but yes, I should wait and see. He was very certain though despite not being able to quote the caselaw he referred to.

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I haven't heard of such a case(s) either. I have been racking my brain trying to see where the claims inspector is trying to go with this and the only thing I think he might be trying to suggest is under a principle called ex turpi causa non oritur damnum (of which there are plenty of cases).

 

This is where a claim is made by the Claimant, but the claim is founded on an illegality i.e. in your case, claiming for a ring bought in the USA but no excise duty paid ( I am not saying this is what they will state or plead against you -just a thought).

 

However, in order to repudiate your claim, they would have to, in essence, plead that you had committed a number of illegal acts, which are serious allegations to bring and can't imagine a claims handler making such allegations due to the ramifications of a counter claim for defamation.

 

Personally I think the claims inspector is talking rubbish.

 

I would do what Mossycat says and just see what your insurers say and wouldn't worry too much. If they come back to you with any sort of rubbish then let us know what they say.

Edited by Endymion
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  • 3 weeks later...

Hi, hadn't heard anything from loss adjuster so enquired where claim was up to and now have received a letter advising i am to have a second visit from a loss adjuster, does anyone know whether this is normal or not and what it would entail? I am having to take time off work and they are asking me to have the same information ready that I provided to the first loss adjuster, thank you.

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Hi, hadn't heard anything from loss adjuster so enquired where claim was up to and now have received a letter advising i am to have a second visit from a loss adjuster, does anyone know whether this is normal or not and what it would entail? I am having to take time off work and they are asking me to have the same information ready that I provided to the first loss adjuster, thank you.

 

This is a bit unusual but I have known it to happen before for various reasons, you should press your insurer for an explanation as to why another adjusters report is required.

 

I have never heard of an insurer making exclusions for items purchased abroad. Did you have the ring specifically insured? Some insurers insist that higher value items are added to the policy on top of normal cover. They may refuse to cover an item, or apply a ceiling to the settlement, if no additional cover existed.

 

NOTE** The original loss adjuster was talking out of turn, and more than likely talking nonsense too. He should not be discussing matters with you as he has no authority to settle your claim or otherwise... his job is to provide an assessment for the insurers consideration.

Edited by Itokuzu
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Don't be concerned about a second visit. There are a lot of fraudulent claims being made, probably down to the economic downturn, so Insurers are being extra cautious before they look to settle claims.

 

It could be that they are testing you, to see how you react. I have known in the past for some claimants to suddenly drop a claim, when a bit of pressure is applied.

We could do with some help from you.

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Hi, thanks for your replies, the ring is insured separately on the policy and they are only dealing with the claim when i prompt them - it seems like they are trying to get out of paying for it. I was just confused about a second adjusters visit as there is nothing more i could add to the first visit, the loss adjusters are Cunningham Lindsay if this makes any difference or anyone has had dealings with them? I am very upset as it makes me feel that insurance is not worth the paper its written on when you need it, but they're quite happy to accept premiums for the pleasure! Plus it's now 2 months since i lost the ring and am unable to get a replacement! I don't even think they have supplied the first report to the insurance company and am considering requesting a copy of it........

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Your claim is genuine so you have nothing to worry about with regard the second visit. I know Cunningham Lindsay very well. Some of the biggest insurers in the country sub contract loss adjusting work to them. They turn over huge volumes. They have probably just lost the paperwork! Loss adjusters also sometimes conduct a second visit at the insurers request just to ensure the details provided the second time are comparable to the first and also, bizarrely enough, sometimes even just to provide an opinion to the insurer as to whether you look like you could have afforded the ring in the first place. More often that not though its just because they made a pigs ear of the first report!

 

It sounds like the first loss adjusters comments have unsettled you but as I said early he has no authority to comment at all. If as you say the ring is specifically insured and cover is in order they have to pay the claim. It should just boil down to negotiating a settlement figure.

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  • 1 year later...

Hi There,

 

Did you ever get this sorted with Cunningham Lindsay? I am going through the same thing with them. They have been a nightmare and always appear to be trying to avoid settling the claim. They really are just that... a company trying to adjust the loss down for the Insurer but they have pulled this Customs Tactic on me even after they have approved the claim. It has been 9 months of struggling with them. I have just contacted the Ombudsman Service but would really like to know what happened in your case? What was the outcome after you could not provide the Customs Receipt?

 

Kind Regards

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Hello there and welcome to CAG. Missy100 hasn't been here since last year, so you may or may not receive a reply.

 

It might be better to start your own thread and tell us a bit more if you can, so the guys can advise you.

 

My best, HB

 

 

Thanks HB, well my story is pretty much the same as this except it's been going on for 9 months and the insurance company approved the claim and offered an insulting amount for half the value of the ring even though their own jewellers could not source and remake the ring with a higher budget.

 

I pushed back and it was going on for sometime until recently they came out with this new customs tactic. It has been stressing me out beyond belief as I put everything I had into my fiance's engagement before she was mugged.

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Just keep going with the complaint. You may have to wait for the FOS to make a ruling, which can take many months. There are lots of jewellery related complaints being made at the moment, as highlighted on a recent consumer programme.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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