Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • lookinforinfo
      ECP ANPR Lease CAr PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

      By lookinforinfo · Posted

      The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • NewsBot
      How Can Employers Engage with Young People Who Have Left School or Otherwise Disengaged?

      By NewsBot · Posted

      Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

  • Recommended Topics

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
        • Thanks
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Accident . Totally not my fault. Adjuster want's 30:70 . I want 0:100 . Please help . Also looking for insuranceguy .

rein013

By rein013
in Motor Insurance

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3560 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

rein013

rein013

Posted
Posted

I wrote this for insuranceguy since he said he offers help , but I cannot PM him because I do not have 15 posts . This is my first . Maybe someone can PM him with this link for me , or offer any advice at all . Thank you very much , kind and concerned citizens .

I do not have a thread . I just was researching about my case , which I have an attorney representing me supposedly anyway , and I see that you offer advice . I hope that you can help from here , without a thread and if I need one , I guess I could compose one , but I have no idea where it would go . so I will start here if I may ?

I am traveling down a 2 way street with traffic on both sides . This street is named Poplar . This street has no stops for me whatsoever , and there is a red light ahead , about 1/4 of a mile . Along this street , there is crossing traffic , by means of a stop sign . However , I have the right away , and the crossing traffic , who has the stop signs , need to yield to me and proceed after I pass , or before , if it's safe . So again I have no stops whatsoever .

 

So I am traveling down this street and I am coming up to a car who wishes to cross across Poplar , the street that I am on . She is traveling north from south and I am traveling east to west . The person driving this vehicle is only paying attention to the cars to the right of her . As I am nearing closer to her , I still notice that she has not looked left yet but by this time I need to focus on my own driving and not hers . So I proceed forward , at around 25 MPH the speed limit , and as I am almost parallel with her I hear my passenger yell watch out ! I instantly look to the right and I see her coming right for us , and gut instinct , we are going to get hit . If I would have stopped at this moment she would have hit us , it was already set in stone , I was getting hit no matter what I tried , but gut instinct , to try to avoid the accident I intended to go on the wrong side of the road to give the this driver time to see me and to stop . However , I had oncoming traffic so I could only make it a few feet into the middle of the street while stopping . If I would have proceeded to go straight and not veer into the middle of the street , she would have ripped the whole side of my car , rather than just hitting the front , so my actions did give her some time to notice me before she hit us and this street that she is crossing is not just straight across . She had to drive at a right angle , to continue crossing onto her same street , Elm . So she was so busy with only looking toward the right , in the direction that she was heading , that she never noticed that I was on the side of her and had she would have looked left , she could have avoided this whole accident . It was not safe for her to proceed , as per the police report putting her at fault . She had to wait for me to cross first , then proceed . So she proceed without looking left thus smashing into me .

 

And this all happened in a matter of split seconds by the way . So I get to the middle of the street and stop . I have no where to go , speeding up wont help , and she's already heading straight for me . So by the time she finally stops paying attention to the cars on the right , she finally looks straight onto the street which she is aiming for Elm , while after already into the intersection and she finally sees me stopped in the middle of the street and slams right into me . Again , in a matter of split seconds .

 

So in a nutshell . I'm driving eastbound on a street with no stops for me whatsoever , I totally have the right a way , and a driver wishing to cross my lane of traffic does so without looking left to make sure there are no cars or pedestrians , thus making it not safe for her to proceed and by doing so she crashes right into the front side of me .

 

I got a lawyer and I had to speak to their adjuster , and I didn't even know what an adjuster was before this , no accidents in my life , but the adjuster was rude , was rushing me throughout my answers and was trying to confuse me into saying things that just didn't happen . So to me this phone call was BS to begin with , which she recorded by the way , because my attorneys helper , said it was fine to do so .

 

Also at the scene of the accident , the first thing the other driver said is , where were you ? Because she never saw me , because she never looked left ! And I tried to explain to her , I was just driving down the street and you never looked left , and she tries to say well then it was your fault . You must have been speeding . So I said yeah right [problem]mer , I have my 71 year old grandmother with me , oxygen in the vehicle and a lapdog which my grandmother was holding . So I driving very defensively , which is why I was noticing her to begin . If I would have been alone , I would have not paid so much attention to her . But so anyway , I instinctively called 911 who came to scene , took both of our statements , and placed her at fault .

 

Well when she contacts her insurance , she decides to change up her story , and she tells them that I was behind her , which is absurd . I am traveling east to west and she is traveling from south to north . At no time was I ever behind her . She was crossing my lane of traffic , she has a stop and I have none . So I had the right a away . I had no reason to stop , until I saw her coming straight for us .

 

So my attorney and her adjuster says they need to wait for the police report and when they finally get it , it shows that she is indeed at fault . She basically failed to make sure that the intersection was safe before crossing . She never looked left , and again , had she would have , then she would have never went and we would not be here .

 

So anyway I get an email from my attorneys helper that based on the recorded call between her adjuster and myself , their insurance came to the conclusion that because I saw the accident , I'm at 30% fault . Which is bogus . I only saw the accident 1 to 2 split seconds at most before it happened , but the adjuster took my words and twisted them around to make it seem like I was watching her the whole time until she plowed into me . Which just wasn't so . I eventually had to take my eyes off of her to pay attention to my own driving and then is when she gunned it , darting across the street , slamming into me and if it wasn't for my passenger yelling watch out ! I would have never even seen her coming .

 

So yes as I was traveling down the street , I was observing her because I sensed something odd about her and as I got closer she still haven't looked left but I figure eventually she would , because everyone has to . I mean this is the freaken law right ? So I stopped paying attention to her , paying attention to my own driving and the other drivers around me , putting her behind me , because I cant be driving for everyone else . And I guess I was almost just pretty much parallel with her and my passenger yells watch out . I look right see her coming for us , try to go on the wrong side of the street but cannot due to oncoming traffic , so I slam on my brakes in the middle of the street . I look to the right and within nanoseconds she slams into us .

 

So again police place her at fault for not giving the right a away to motorists who are on the street which she is crossing . But my recorded conversation , taken out of context twisted and mangled by their adjuster , says I am at 30% at fault since I saw the accident happen . I mean seriously wtf ?

 

Everyone saw the accident happen . My passenger first , then me second and then finally the other driver third . So their bogus claim has no merit by my understandings , but this so called recorded phone call somehow proves , to their insurance , that I could have avoided the accident , since I saw it happen . Which is pure bull feed .

 

So my attorneys helper says their insurance deems me at fault and wants to do a 30:70 . 30 me and 70 her , but I know for a fact this is 100% her fault as so did the police say the same and wrote in the report . This insurance adjuster had just twisted my words around to make up a story which doesn't even exist to get this 30:70 . More bonus for her right ?

 

So I'm waiting on a recorded copy from my attorney to listen to the tape because during the recording , they weren't letting me finish my statements . Either my attorneys helper would tell me to stop speaking or the adjuster would ask a question and then before I was even finished she was ask another and yet another and then she was like , "well you already said yes" and she yelled at me when she said this and I was like , wait a freken second , that is not what I meant . And she responds , like a freken child , "but you already said yes , but you already said yes , but you already said yes!" So this recording from their insurance adjuster for their insurance is not reported accurately , of what actually happened and which basically goes against the police report .

 

So what do you think ?

 

I mean , I told my attorneys helper , I will not accept any fault at all . There was nothing I could do and yeah I was paying attention to her as I was coming toward her , because sometimes people will dash in front of you and try to cross the street in a rush . Which is actually what she did do , to avoid oncoming traffic from the right hand side , but since she never looked left she dashed straight into me . However , I never saw her leave the stop sign . My attention was by then , off of her and on to the other traffic , and again it wasn't until my passenger said watch out , that I actually looked right and saw her coming for me .

 

So again they said because I saw the accident I'm 30% at fault which is straight out fraud , I feel . There was nothing I could do . She was coming straight for me so I just stopped toward the middle of the street and braced for impact .

 

Any ideas sir InsuranceGuy ?

 

And I’ve been dealing with my attorneys helper this whole time , so I haven't actually spoken to any attorney at all . She's the one handling my case , in if she comes back with the conclusion and says well sorry Rob , that-is-that , it's gonna be 30:70 , then what can I do ? Who can I report this to ? My other friend said the BAR , and I've already read online to file a complaint with something to do with the automotive insurance regulatory system , but I'm not sure exactly where or with who .

 

But from your insight , if the adjuster is basing her claims on not facts but the fiction of twisting my words around until she gets a story in her mind where I am too at fault , is what she is doing - then how do I go about getting this overthrown ? It's a false statement on her behalf which she is trying to use against me and I refuse to be a victim . I'd also like to file for fraud or an additional police report if possible .

 

And InsuranceGuy , I’m a totally honest person . If I was partially or totally at fault , I would just come out and admit it . We have insurance and hey I'm not gonna waste anybodies time , but the point of the matter is I wasn't at fault . I'm just driving down the street and get hit from the side by someone who failed to see me , because she never looked left , and tried to dart across my street , to continue onto hers , thereby gravely injuring my 71 year old grandmother who was my passenger , amongst myself .

 

Any ideas please Mr. InsuranceGuy , anything you need let me know . Need me to post this into a forum if you could just point me into the correct place to post I will .

 

Thank you so very much in advance , =)

 

And anything you need .

 

Just advise .

 

Robert Reinaga from CA .

 

 

P.S. Sorry for any typos , I've already reread this like 3 times and I have the hugest headache in the world . So when I feel better , I will reread and correct any errors . Thank you .

Link to post
Share on other sites
stu007

stu007

Posted
Posted

Hi rein013

 

We are a UK Consumer Forum and we would be unable to advise you as you are in USA.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites
unclebulgaria67

unclebulgaria67

Posted
Posted

This is a UK site. Was the accident in the UK ?

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
stu007

stu007

Posted
Posted

Hi rein013

 

If the accident was in the US as we are a UK Consumer Forum it would be wrong of us to advise you on matters concerning US Law.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

Ignore me.. I thought it was Poplar, in the UK.. but apparently it is the street that is called Poplar.. duh !!

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
rein013

rein013

Posted
  • Author
Posted
Hi rein013

 

We are a UK Consumer Forum and we would be unable to advise you as you are in USA.

 

Hi rein013

 

If the accident was in the US as we are a UK Consumer Forum it would be wrong of us to advise you on matters concerning US Law.

 

understood , thank you for the reply .

 

Hello there. Do you mean this user please? He's from Yorkshire, England. You may need a US website.

 

INSURANCEGUY

 

HB

 

ahh i thought i read new york on his profile . i must have errored somewhere . well thank you all , for all of your responses , and if the MOD wants to delete this thread please do so . so thank you all again everyone , i'm sure if i was in UK i would have gotten some positive feedback . =)

 

god bless !

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

Really sorry we are unable to advise. I hope you are able to find a similar forum in the USA :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
Mwynci

Mwynci

Posted
Posted

Proportional settlement will make little difference, 99% or 1% at fault tends to be the same rating, it's just too open to interpretation between underwriters, they then asses on non fault being anything more than 1%. what the split can make a difference to is the settlement cost which can affect the premium cost.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...