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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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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.

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Direct Line Insurance problem! Advice please.........


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Hi,

I am currently insured with Direct Line, My premium is quite high at the moment as I am just building up my no claims. Driving For Many years but was always a named driver.

Was told that If I didnt make a claim in the first Year I would get 5years no claims that I could use with any other insurance company.

 

My Car was stolen back in january, car was involved in a crash with another vehicle.

 

The car stolen by an uninsured driver who was arrested and charged.

 

Now 4 months on I have been informed that a claim has been made regarding this incident and that even though the driver wasnt insured the car was so that makes Direct Line liable to pay out on any claim made by the third party!

 

So I was told today that because of this I have lost my 5years no claims that I would had after being with them for a year!

 

Feel like this isnt right though! The incident had nothing to do with me .

 

thankfull to anyone able to give a little advice.

 

 

Sharon

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I believe under the Road Traffic Acts, even if a car is stolen, the Insurers still carry the third party liability risk. This is what I have been told and have read in posts by others who have far more knowledge about the RTA.

 

I find this very surprising and if I were in this situation I would look into this legally to see what I could do. If you have the legal cover on your Car Insurance, I would suggest that you give them a call to ask for advice. You may be able to take some action against the person who stole your car. I believe that when they are taken to court, that you can request compensation to be considered. But it depends on the thiefs ability to pay, so you might not get anything or very little. You would have to be able to evidence how much financially you had lost out by.

We could do with some help from you.

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If your car has been stolen and the cluprits named (not even convicted), then under RTA law your insurers have a legal liability to pay for the damaged third party property.

The FOS may comment upon the actions of Direct Line not telling you, that is naughty, but apart from that they will probably support your insurer and have no juridistiction to argue law.

Getting the little s*** to pay is a different matter, chances are they have no money, in that case it would not be worth the insurer in persuing them, as legal fees, court costs and keeping a file open for the next 20 years to claim £2 a month is just not worth it.

And whilst it's not fair, the bonus is a no claim bonus, not no blame bonus, as the claim has been made against your policy the NCB is reduced.

You shouldn't loose all your NCB, 2 years is the norm and then you get back this year, so at renewal you should be down to 4 - other posters, please feel free to clarify this point, policy issues, payments, NCB is not my strong point.

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If the NCD was named drivers entitlement and you have had a claim in the year leading up to getting 5 years entitlement in your name, I have a feeling you could lose it all. But speak to Direct Line to check for sure.

 

Under a normal NCD entitlement as a policyholder (not named driver), you would lose 2 years entitlement for each fault claim. This would be deducted at the next renewal.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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