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1manteam

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  1. Thanks Guys. The strength of the case isn't determined by the size of the claim. I have clear pictures of the fragmented bottle and the damage done. I have the report from the analysis undertaken but it's not relevant to the obligations under the legislation cited. If a bottle explodes spontaneously then the liability is clear. It's a relatively small amount that they have probably now surpassed in legal fees between them. The logic for this is somewhat bizarre. The legal route is the only one left open to me so if you're not able to advise, I'll say thanks but no thanks @Bankfodder And for the record, I thoroughly appreciate all the support provided on the platform, but take it easy on the tone
  2. Yes to all. All were reported to the Loss Adjuster at the time and electrical items shown.
  3. Can I do this via DM rather than posting on site? Can you also say why the detail is significant in terms of recovery given that it is under the 10k threshold for small claims? I'd probably be happy to take the Loss Adjuster's valuation, but that information was never supplied to me. Photos were taken showing cork still encased within bottle head with seal damage caused and glass fragmentation. The entire contents were collected by the supplier for analysis by a third party in Italy. The results didn't arrive until mid-Sept.
  4. Thanks all. I haven't used the site in a long time and so it just didn't spring to mind. Apologies. I did contact my insurer for advice at some point and only Citizens Advice at someone else's suggestion. The bottle exploded on the top shelf taking chunks out of the plaster, sending shards into the shelving, depositing all the fluid over the contents below, all of which were disposed of. All the fluid also went down through 2 electrical items directly below. These have been set aside since. I'd suggested getting them serviced and checked, but their Adjuster said they'd probably just replace them. Damage was assessed by the LA, but I wasn't notified of their assessment. I gave them an itemised list very early on on their request. Quantum of claim in the region of £2k.
  5. I do have home insurance and as a last resort of course would contact them. I did earlier in the process to ask for legal advice. My question would be, from pursuing the retailer, do I just need to issue a LBA and formalise the process of recovery this way. It seems to be what they are waiting for, albeit, this would take a significant amount of time. Do I have other tactical options at this stage? I offered ADR and they just ignored the offer.
  6. I appreciate the length of time. Up until about 6 weeks ago it seemed that they were acting in good faith, rather than just shoring up their position of denial. Purchased from Co-op some time between last October and January. Thanks
  7. I wonder if you could provide some advice/assistance in the following? I recently (June) had a bottle of Prosecco explode in my kitchen, detonating from the middle of the bottle and sending glass into the wall and across the kitchen, and fluid over various goods and electrical items. Thankfully no one from my family was in the kitchen at the time or we would have been hospitalised. Having notified the retailer, including outlining the damage caused/repair costs, and accommodating a visit from both a loss adjuster and the supplier, the latter collecting fragments retained in order to establish the cause, I have eventually, some 2 months later, been met with denial of liability by both retailer, supplier and their insurers, who all claim the other is responsible. They have asked for proof of purchase, which I do not have as I don't keep receipts for any length of time for groceries, and despite the item being confirmed as supplied to retailer, and my having consulted the Citizens Advice Service, I appear at an impasse. To frustrate matters further both the insurers of the retailer and supplier have now repudiated the claims pending proof of purchase, and appear to be hoping that I become tired of the process and waive what appeared to be clear protections. It appears from the Sale of Goods Act and Consumer Protection Act that there is clear liability? Are you able to assist or point me in the right direction? Thankyou
  8. Yes, by the County Court. The Clerk told me there was a fixed cost of £175 in TDS cases. The total amount, for which I've yet to receive anything would be in excess of 5k cap but my understanding was that TDS cases are treated distinctly due to the relevant legislation. I have no problem waiting although I don't like the tone or the threatening nature of the letter - they could have contacted me earlier? Thanks
  9. CAn anyone advise pls? Sent a LBA to LL re non-protection and return of deposit and court proceedings. Heard nothing back within 14 days then receive a letter from the LL's solicitor asking me not to instigate court proceedings for a week as they'll be in a position to answer the "issues" i raised then.They threatened that if I don't comply then they'll produce the letter to the court when the issue of costs arises if not before! I thought that in the case of non-compliance with the TDS rules that I could not be liable for LL's costs? Any other pointers welcome. Thanks Bit of background. Left the property a few months ago but after the 6th May deadline for TDS compliance.
  10. Does anyone have an idea what commencing action will cost? I've seen wildly varying figures for use of the N208 form from £175 to £000's If there is non-protection by May 6th 2012 and no info provided, then isn't it an open and shut case - never that simple I know?! Is a defendant given the right to counterclaim, given that they either have or have not followed the legal obligation? Thanks in advance.
  11. Thanks. I'll try that and see where it gets me.
  12. I don't mean to be rude, but I think due care and attention to process has to be made before making comments here. 1) I followed the company complaints process. 2) This, having failed, led me to follow the Ombudsman's process. This commits the telecoms provider to the proposed outcome which in my case was an apology and the eradication of any "disputed" outstanding balance, i.e. it was challenged! 3) One surely can't put a blemish on someone's credit record without notifying them of a debt and warning them of what you plan to do. In this case, I would have picked it up. 4) It is not incumbent of me to pay regular visits to credit reference agencies and pay for the privilege of doing so on the off chance that someone makes a spurious and legally in enforceable claim against me?! 5) my finances are managed by the fact that I pay all my bills and have many years consistent and complete payment records on credit with the exception of this spurious and malicious isolated sum of £14! This, consistent with the general incompetence of the company in question which later resulted in a regulatory fine, should not under any circumstances given rise to this outcome, for which they should surely be held to account. I have simply asked for advice, which, if you don't feel qualified by experience to answer, I would find it more helpful if you kept general opinion withheld. Thanks all the same. 3)
  13. Sorry. What do you mean by a precursor? If they have put a stain on my record that is without merit then isn't that sufficient? They sign up to Otelo voluntarily so presumably they have to abide by their rules?
  14. Then surely they could be in for some serious compensation claim. Would it come up with Kroll reference searches and lead to things such as higher APR's on credit cards? Should I write to them with a letter before action saying, "it's come to my attention..."
  15. Thanks, The reason I didn't get back in touch was because Otelo had informed me and Talktalk that they were to write off the amount etc, so until I checked with a credit reference agency yesterday, I had no idea that they had not followed the direction given. I made a complaint with them at the time and followed that up by contacting Otelo.I think a court would find this reasonable? My question is whether this could have affected my credit rating, job applications etc during the period? Also, what route I should take to get them to remove it and if I would therefore be entitled to compensation, how I would go about obtaining it?
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