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    • 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.  
    • 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
    • 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
    • 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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      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.

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

      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
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Beware Royal And Sun Alliance Buildings Insurance


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Recently we had a blocked waste water pipe that carried water away from our kitchen (sink & dishwasher) it was concealed behind the fitted kitchen and in the next room (toilet) the same pipe was boxed in. (the pipe ran the width of our house)

 

To cut a long story short ,due to the blockage the pipe split on the joint and had been leaking(unknown to us)for some time,eventually,it soaked through the ceiling boards and last Sunday the dishwasher kindly poured its water discharge via the damaged pipe into the room below bringing down part of the ceiling below.

We called in a builder on the Sunday afternoon to make good emergency repairs and discover the source of the leak to which he had to smash the tiles covering the boxed pipework in the bathroom to access the boxed in pipe.

We contacted RSA on the Monday morning to lodge our claim......beware

 

They say leaking internal pipes are WEAR AND TEAR and are not covered in buildings insurance ,on page 16 of their booklet they have a vague exclusion statement which they claim covers this incident

"Any loss ,damage,liabiliy,cost or expense of any kind caused by resulting from wear and tear,depreciation,corrosion,rusting,damp,insects,vermin,fungus,condensation,fading,frost or anything that happens gradually,including the renovation or restoration caused or any consequential loss.

 

I explained that it was not wear and tear but pressure due to the blockage put the plastic waste pipe joint under pressure resulting in the leakage and damage,not only will they not pay fro the pipe to be repaired or renewed they refuse to pay for the cost of reboxing in the pipe and tiling !!

 

Be warned of ROYAL AND SUN ALLIANCE .:mad:

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They state that they will only cover actual damage caused by the water to the "building structure",ie the repair and decoration of the ceiling of the room below or anything under the buildings policy directly effected by the result of/following the actual leak,any cost related to the accessing of ,discovery of,or repair of the source will not be covered.

 

My point to RSA is ,it was not wear and tear ,if the pipe had not blocked,the waste pipe would not have leaked.

 

And where does wear and tear begin or end in such a vague exclusion!

 

 

This is my first claim ever on our Buildings Policy,it doeas make you think that it does not pay to be honest with Insurance Companies.

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we had them for flood cover in the north wales floods they would nt pay out right up until the court room doors then they settled plus damages they are about the most horrible insurance company you could ever hope to meet and if i were you i would have them in court as soon as possible take it to the small claims go for it mate make a judge decide ,otherwise they will keep you arguing for years ,just dont mess with them prosecute

patrickq1

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It is not unusual for insurance policies not to cover the repair to item that caused the damage.

However, they usually cover you for the losses arising as a result, e.g. any water damage.

The repair cost is usually a minor part of the claim so does not usually cause a problem and sometimes the insurer just pays for it or it get lost in a claim.

However, I see that this is not the case with you.

Essentially they will not cover for repairs and maintenance of your house, but should cover the clean up costs.

Notwithstanding do not take insurer's first answer, keep pushing them.

If I have been helpful please click on my star and add a comment.

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GuidoT

 

Are you saying that if my electrical wiring caught fire and burnt the room down I would have to pay the cost of rewiring and redecorating the walls after digging embedded cables out !

 

The principle is the same.

 

The main argument I have with RSA is that they will not pay to reinstate the tiles and fittings that surrounded the pipe.They had to be removed to access the pipe to FIND the leak ,it was the only way to repair and the plumber and builder had to remove the materials that now have to be replaced.

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I think I would advise that whenever you have these repairs made, have a little hatch so that the pipes are accessible, so this problem doesn't occur again, this is what I have always done, because it is sods law that say that you will want to get to the pipe that you have boxed in.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Consider, for example if your problem was discovered before it caused any damage, would it then be covered from an insurance perspective or would you just call out a plumber.

 

It is sometimes not easy to separate the costs of repairing the offending item from the clean up costs as they are sometimes inextricably linked.

 

If possible you should be arguing with the RSA that the tiles had to be replaced because they were damaged by the water and not to repair the pipe.

 

Liability insurance does not cover you for pure economic loss, it is focused on damage to objects (or death or personal injury).

 

I will see if I can locate something for you to read on the subject. I do not expect to find something simple as it a complex area of the law.

If I have been helpful please click on my star and add a comment.

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as a tiling contractor i have always sent the estimate to the client before work commences and if the tiles are not stock items but special or discontinued then it means a re tile ,i have never had problems execpt with the one and only company RSA they are notorious for get out clauses...but regardless of get out clause they are liable to pay for the repairs to any work undertaken by the builder ,only if agreed get yourself an independant loss adjuster but make sure they work for you and not rsa

patrickq1

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as a tiling contractor i have always sent the estimate to the client before work commences and if the tiles are not stock items but special or discontinued then it means a re tile ,i have never had problems execpt with the one and only company RSA they are notorious for get out clauses...but regardless of get out clause they are liable to pay for the repairs to any work undertaken by the builder ,only if agreed get yourself an independant loss adjuster but make sure they work for you and not rsa

patrickq1

 

Celticfairplay needs a LOSS ASSESSOR not a Loss Adjuster. Loss Adjusters work for the insurance company. Loss Assessors are independent.:cool::|

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Thread moved here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Celticfairplay

 

Most buildings insurance policies contain a trace and access extension under the Material Damage section, which allows for you to claim for the costs of tracing and accessing such things as leaking pipes. I am very surprised that RSA either do not have such an extension, or are plainly being pretty dim.

 

MC

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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  • 10 years later...

I do hope the CEO @rsagroup enjoys his £5 Million wage packet. I, on the other hand, will now have to save money to pay for my damaged porch. I hope the people who read this will think twice before handing their money

over to this group of Leeches.

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ive always maintained that this shower of worms are bordering on the edge of legality (trust us )their quote send out their own loss adjusters who will then delberately try to find fault on your part..just to get out of paying LVis the same company

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I do hope the CEO @rsagroup enjoys his £5 Million wage packet. I, on the other hand, will now have to save money to pay for my damaged porch. I hope the people who read this will think twice before handing their money

over to this group of Leeches.

 

 

Hello and welcome to CAG. If you'd like us to help, please start a new thread of your own.

 

 

Best, HB

Illegitimi non carborundum

 

 

 

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