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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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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