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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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BVS and sheliahs wheels flood claim.


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The story so far-

Discovered we had a leak as could hear water moving through the stopcock in kitchen,

rang insurance who informed me we were insured for the water damage but not for locating and fixing the leak.

 

I discovered a leaking pipe under the concrete floor slab in the kitchen,

i had to get up some tiles,

take out kitchen units and dig up a section of floor to access pipes and temp fix it.

 

We the noticed the walls behind the units were very damp and mouldy,

the skirting on the wall opposite was also then noticed to be swollen (mdf) and the mdf wall paneling in lounge had bowed out.

 

All walls were plaster board dabbed onto top of original plaster.

 

An assessor from bvs came out,

agreed was a genuine claim and were covered.

Gave me an estimate for refitting units,plaster repair and to re-tile floor.

 

I mentioned that the tiled floor seemed uneven,

advice was to get tiles up so drying company could come out,

if slab had moved it would be cracked and need replacing.

 

Tiles were removed and large cracks were found,slab has raised due to swelling of the sub soil,

was told to send in pics,

drying company put on hold.

 

It has taken 2 whole weeks to access the pics to decide it just needs drying and latex screed put on top!

 

I have had a company in to quote for floor and they agreed it needs replacing,

sent them an email with the quote and they are insisting the drying company still come out,

are they on commission???

 

Last few days have taken some walls down to bare brick as the plaster board was very damp and had black mould on the back of it,

original plaster just crumbled off.

 

Have today discovered the laminate floor in the lounge near the party wall is also water damaged as it has swollen up,

joists are wet along with the sub soil,

nasty damp smell aswell.

 

Advice im after is if after the drying company has been out and BVS still say floor only needs a screed over the top and do no nothing about the laminate flooring what is my nest move?

 

Are loss adjusters like morgan clarke worth using???

 

Its now getting on for a month since the claim was put in.

lots of stress,

house in a mess and nowhere to cook properly.

 

Hope the nightmare ends soon,

next insurance company will be one that does not use BVS,

as not impressed with them so far!

Edited by dx100uk
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Water damage is always more than expected.

They know it and that's why many insurance fix the leak and the surrounding areas very quickly so the customer doesn't see all the damage.

In your case the file is still open and you have found further damage to the original claim.

It needs to be bundled together.

Don't be in a rush, as you can see after many weeks the joists are still wet.

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The drying company, although experts in humidity, are not experts in flooring. I wouldn't get an Assessor company like Morgan Clarke as they will want their cut, which usually means requesting cash settlements so you would be out of pocket...

What I would do is get your own builder to come and do a quote, specifically advising what needs doing to put you back in the position you were in immediately before the loss.

 

To me though it looks like they want to put a screed above the uneven concrete floor to even out, then they would re-tile over that?

 

Have a word with the adjuster to see if that is correct...

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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After 2 weeks they finally agreed to replace the whole floor !

I was also advised i can claim for the kitchen unit carcasses we removed as during removal basically collapsed,were bandq flatpack ones the inserts which go in the cams to join them together basically pulled out,maybe due to the chipboard being soft from the damp,also signs of water ingress in the side panels.

Been to bandq and this style of kitchen no longer available so could we claim for a whole new one?

Also our lounge walls need the plasterboard replacing but the bottom third of the room is covered by mdf decorative panels a section of which is now warped/expanded.

Its in the scope of works to replace this section but it is no longer available from where we purchased it from,its fitted to every room in our house.

What normally happens in this situation where the original wall coverings are no longer available?

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After 2 weeks they finally agreed to replace the whole floor !

I was also advised i can claim for the kitchen unit carcasses we removed as during removal basically collapsed,were bandq flatpack ones the inserts which go in the cams to join them together basically pulled out,maybeo due to the chipboard being soft from the damp,also signs of water ingress in the side panels.

Been to bandq and this style of kitchen no longer available so could we claim for a whole new one?

Also our lounge walls need the plasterboard replacing but the bottom third of the room is covered by mdf decorative panels a section of which is now warped/expanded.

Its in the scope of works to replace this section but it is no longer available from where we purchased it from,its fitted to every room in our house.

What normally happens in this situation where the original wall coverings are no longer available?

 

Unless you’ve paid extra or have a good policy you’ll have the matching items exclusion, which means they won’t pay for the non damaged items. However the FOS ask insurers to offer 50% of the unmatched items as a compromise.

This will apply for the kitchen, I can’t see it working for the mdf though. You can try.

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I cant see any mention of a matching items exclusion anywherr in the policy.

Next step is get quotes for the work and if more than they offered send them

In, also a quote for a kitchen fitted.

Ball is in their court then

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