Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Liverpool Victoria - Help Required


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3831 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Newbie here looking for some advice please....

 

We have buildings & contents cover with Liverpool Victoria and over the last couple of months we've noticed some visible evidence of movement in our house, across the kitchen, lounge & utility room - the work tops have started to sink, the floor has some visible movement and cracking in ceilings etc.

 

We initially called British Gas as we've got cover for drains etc - we thought this might have been the initial cause - and they came out to do a survey - advising us that we did have an issue with some of the drains at the back of the house.

 

However we also rang LV as there were going to be issues relating to removal of some decking. Once LV got involved they sent out a surveyor from Davies loss adjusters who decided that yes, we had a problem with movement, that it wasn't subsidence related (phew!) and that investigation was needed to see what was causing it (as I understand it our policy covered for repair based on water loss etc). They came in and repaired the damaged drains, then attempted to carry out an infra-red survey of the kitchen floor which failed due to there being at least 3 layers of tiles to go through. They then attempted a gas test which was inconclusive (he was getting false/positive readings from furniture in our lounge!) and that was it. They've now decided that it's not a matter for them as its due to the recent extension settling or poor footings for the extension - which is nearly 20yrs old. I should add that we're also aware of the issues around concrete degradation in ex-mining areas etc - that's definitely not an issue where we live.

 

Where do I stand on this. The drains under the kitchen area were damaged and as such the loss of water etc must have had an effect on the ground under that part of my house. The tests they did were completely inconclusive. I should add that this decision has come from the loss adjuster Davies rather than LV themselves - but while LV investigate I'd appreciate some advice.

 

They've not conclusively proved it's NOT a leak from somewhere.

The movement in the house is not exclusively in the extension area.

The surveyor sent out by Davies said during his visit that the only real way to find out the problem would be to dig down into the problem area - I get the impression that they've done everything to avoid doing this due to the associated costs - ie damage to house fixtures & fittings if this is done.

 

Hope someone has some advice on this?

Link to post
Share on other sites

Hi plastic scouser, and welcome to CAG! :-)

 

I'm not an expert but if I were you I would wait for the LV investigation and if they do nothing I would speak to the Financial Ombudsman who hopefully would put pressure on them to do a proper investigation.

 

The FOS can be really helpful in making insurance companies re-think their position. If the house is still moving then the drain repairs haven't solved the problem.

 

DD

Link to post
Share on other sites

Probably the only way forward is to contact a structural engineer and ask them to provide a report on what is happening to the property. Then armed with this information, you can see what the way forward is. It is going to cost you money, but you would have a £1000 subsidence excess on your Insurance policy anyway. So you would be incurring some costs.

 

Davies loss adjusters have done the minimum. They think it is a mixture of extension issues and drain leakage, that have caused some movement, but it is not subsidence. Insurance is to cover the perils shown in the policy. It does not cover general movement or construction issues.

 

You have to be careful here. You want to establish what the problem is with the property and to have relevant works done. What you don't want to have is a subsidence claim registered on the central Insurers database. Once it is registered, you would have to declare this with Insurers and probably end up paying alot more for Insurance for as long as you own the property. If it is proved that it is actually a subsidence problem as the drainage leakage has affected the foundations, then you will have a property which will have a reduced market value, as it would be more difficult to sell.

 

Even if you went to the FOS, they will want you to obtain a structural engineers report, to establish that you have a valid claim against the Insurance. So obtain a report and see where this takes you.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

That is very good advice.

 

I thought that getting FOS involved might make LV more inclined to help without the cost of getting a structural engineer involved, but from what you are saying it appears there's no way round this. :-(

 

The FOS have no powers to ask LV to complete more surveys at their cost, when Davies have already been out. The Policyholder is unhappy and therefore it is up to them to obtain a structural engineers report to find out whether the property has been damaged by an insured peril.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...