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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Insurance company cancelled my policy


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Hiya, I'm hoping that someone can help me with this insurance matter

 

Briefly, I had a car insurance policy which I was paying by direct debit and had also paid an upfront fee. I owed around £250 on it and decided to send them a cheque to pay in full and cancel the direct debit.

 

I received a letter a day or two later saying that my bank had informed them that the direct debit had been cancelled and to re-instate it so that the policy isn't cancelled, but I thought that the cheque had crossed in the post.

 

I have today received another letter saying that the policy had been cancelled and they had added a cancellation fee and took some off my debit card too!!!!

 

I got straight in touch and they said that they had never received my letter and cheque and that there is no way the policy can be re-instated. Is this true ??

 

I am furious, I have paid almost £500 for 4.5 months of insurance.

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If you didn't phone them before you decided to change the payment method, you should have done. As soon as you cancel a direct debit mandate at your bank, a day or two later it appears on an accounts report at the Insurers. They then send a letter requesting new payment instructions advising that the policy would be cancelled if new payment instructions were not provided. After a period of payment instructions not being received, notice of cancellation is then issue. Many Insurers have outsourced the handling of cheques to processing companies. So the cheque and letter may not have been seen by the Insurers accounts department. They might eventually get a report from the processing company saying that a payment was received for your policy, but too late to stop the cancellation.

 

I think this is a genuine misuderstanding on your part, as to the way Insurance companies work. You should therefore phone the Insurers and ask to speak to customer relations or a complaints handler, to see what you can do. Many Insurers will not reinstate a policy unless they have good reason to do so. Speak to your bank to see if the cheque has been cashed and if so by whom and on what date. Once a cheque is processed it goes back to your bank, with processing details applied to the back of the cheque. If you find out the Insurers had money via the cheque before the cancellation, there is no reason for them not to reinstate. They can do it, if they want to. All they have to do is speak to their IT people if necessary and they will reinstate the record. They often do this, when they have a problem with the policy record.

We could do with some help from you.

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Thanks for that Uncle B. It all actually makes sense with hindsight, but unfortunately no less annoying for me!

 

That's the trouble these days, us ''little people'' are expected to be experts in every field and none of these big companies have any compassion for genuine mistakes.

 

I will check with the bank re. the cheque tomorrow, but to be honest, I'm not expecting them to re-instate the policy because their tone and manner was really bad. They actually said that they are unable to re-instate a policy by law !!

 

Thanks!!

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Hi Super

 

Send a Formal Letter of Complaint Send it Recorded. Explain whats happened and what you want them to do. Tell them you will take the matter to the FOS. You can do that once you get a final answer from them.

 

http://www.thisismoney.co.uk/money/bills/article-1687251/How-write-best-letter-complaint.html

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They actually said that they are unable to re-instate a policy by law !!

 

Thanks!!

 

It is not true that they cannot reinstate a policy by law. It says that they can't backdate Insurance, as it is a legal requirement under road traffic acts. The law is simply saying they cannot sell someone Insurance after the event. It is not meant to apply to situations where a policy is cancelled in error by Insurers.

 

Ask the question as to what they would do if a policy was cancelled in error, where an accident had happened while the Insurance was missing from MID ? They would recognise the error and reinstate the policy, so that you had cover at the time of the accident.

 

I would expect the Insurers to resolve this to your satisfaction, if they cashed the cheque before the cancellation.

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

 

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

 

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