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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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      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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Tesco Car Insurance Cancellation


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About 1 month ago I crashed my car, claimed on the insurance and all was right with the world. Then a couple of weeks ago personal circumstances changed and my wife and I were no longer able to afford the car hire purchase payments. The car went back and as we have no car we tried to cancel the insurance cover. Tesco say that we still have to make the monthly payments until the renewal date (next January) because we've had a claim in this insurance period. I've checked the Ts & Cs and sure enough Condition 5(b) says:

 

This Policy may be Cancelled or suspended by You at any time by returning the current Certificate of Motor Insurance to Us with seven days notice in writing.

 

Any premium adjustment will be calculated from the date we receive the Certificate from You.

 

Provided no claim or loss has arisen in the current Period of Cover We will:

 

(i) In the event of cancellation, return the premium after applying Our Cancellation Rates shown in the Schedule for the period the Policy has been in force.

So, it's clearly stated that they'd expect the payments to be kept up (as if we'd paid in one lump sum we'd not be entitled to a refund), but is this a fair Condition on a policy? It certainly seems unfair - we're having to pay for insurance on a car we no longer own!

 

Thanks for any advice you can provide,

 

Matt.

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I am afraid there isn't anything you can do with this one...

 

By paying monthly you are in effect taking a credit agreement with them,as they request payment up front. As you have claimed, and have been paid, then they are entitled to ask for the full years payment.

 

sorry

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Thanks Craig. Just for the sake of argument, let's say I actually paid them in one lump sum in January 2005. I want to cancel my policy and they say as I've made a claim in that year I'm not entitled to a refund of the 6 months of insurance cover I don't need. Yes, it's clearly stated in the Terms & Conditions that they won't give a refund, but it's still unfair, surely?

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Yes!

 

The Insurance company will reply they have agreed to insure your item from 1/1 - 31/12. The fact that something has happenned to the item mid term is unfortunate, however, they have made a contract with you to cover the item for the fixed term.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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So why do they differentiate between a car that's been involved in an accident and one that hasn't? If I hadn't had an accident they'd give me my money back as I no longer have the car. Why does having an accident result in me not receiving a refund?

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They have made a payment on the policy, so they feel they are entitled to the years premium.

 

Insurance is basically a gamble. The underwriters dont want you to make a claim, as the claim will be higher than the premium. As you have claimed, they have lost the gamble. They want their losses to be as low as possible - hence no refund...

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Guest Lueeze

If you have claimed on the insurance, this has cost the company money they had to pay out to get it fixed.

 

They have to recoup this cost so therefore put this clause in, so that they can guarantee you pay the full year up.

 

Hope this helps!

 

Lou x

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This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thanks

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