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DraxDomax

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About DraxDomax

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  1. yes, the insurer admitted liability. I will re-check with the solicitors about their costs. I am pretty sure we agreed on a fixed percentage (25%) of the total settlement.
  2. Hi again, there's some progress: The other doctor that the lawyers told her to visit actually agrees that the injury is significant for a claim. The lawyers still said it's still not favourable, if we have a 50/50 distribution about this. The lawyers have given us some advice that I find weird and I think only you could help me understand (lawyers did not elaborate for us). Basically, they said that we should now make a "interim claim" of 1000 pounds from the insurer. This means we claim 1000 pounds now but reserve the right to claim more once we get more evidence. My question is (I am trying to understand the motives of each party): why would an insurer agree to an interim claim? If the the insured party is in the right, then the insurer is not motivated to accept any claim. If the insurer feels the claim has a chance, they would look to settle. But why would anyone agree to pay some money now, without settling the claim finally? Perhaps paying an interim claim makes the insured party appear more favourably at the court?
  3. ok maybe they didn't say "we promise" but, while my partner isn't seasoned in legal practice, I believe that she understood correctly some form of explicit verbal assurance that the "4000" offer is live, not off the table. We got a lot in writing but not that.
  4. I see your point. I hope our legal help can get this covered somehow. Speaking of that legal help, any way to get some traction regarding their earlier verbal promise that we can get those 4000 guaranteed, or more?
  5. 1. She's a senior carer with all the qualifications and certificates. She is trained to operate all moving and handling equipment 2. She has actually proactively assessed the risk and informed: the care company, occupation therapist, the head nurse and the family - in writing, that the woman is not equipped to walk on her own in the current setting. She has a written statement from other carers who said they will not work for that lady because she's at risk of collapsing any moment. I believe there may be some form of agreement from the official people (OT, care company...) that the equipment is not suitable but I am not sure of this documentation. 3. She did not receive statutory sick pay. As a matter of fact, the care company were very quick to deduct 200 pounds for uniform, which we got back by threatening with ACAS 4. She is only able to do light work such as baby-sitting. And she does that 2 days per week.
  6. Sorry, I was actually encouraged, on a different issue, to actually name the companies I am dealing with. I will make sure to avoid name dropping unless instructed so.
  7. My partner is a carer. She has been sent to work for a lady who wasn't equipped with the correct device to keep her upright. She fell on my partner and my partner suffered a back injury leading to incontinence, pain and time off work. We took the case with xxx LLP, who wrote a letter to the employer and got a response, offering 4000 pounds as final settlement. xxx advised us to reject that offer, saying, over the phone, that we can always fall back on the 4000, but they believe we can get much more. Since then, my partner has been to Royal Berkshire Hospital, where the doctor said he doesn't see any injury and any pain she might have is a result of earlier injury. Her incontinence might be an infection (totally rubbish). Now it feels like the case might fall through, as the doctors do not want to confirm her injury and we see the 4000 pounds as a better-than-nothing solution. However, when we WROTE to xxx, they said the offer is off the table and we can't fall back to those 4000 pounds. 1. She will be seeing a doctor from xxx privately to assess her but I reckon a judge might be more interested in an NHS doctor rather than a doctor from an interested party? 2. What can we do in regards to xxx making us think we could get at least 4000 pounds and now they are implying we can come out empty handed? 3. Any other advice regarding the situation in general will be appreciated I will just add that the reason my partner was injured is that she grabbed the falling lady and saved her from rolling down the stairs. And that my partner is truly injured. It took her 2 weeks to admit that she's incontinent because of the shame.
  8. The units were manufactured incorrectly. My guess is they work with a very cheap producer.
  9. Yep, same day they got the mail: UPS guy rushed to us to pick up their rubbish and partial refund suggested by us sent via PayPal. Funny that they remained utterly incompetent till the bitter end because they didn't warn us about the UPS guy - lucky my partner was there. Also didn't inform us about the PayPal, so I was revving up to write them another bombshell - lucky I checked PayPal before that. Amazing how stupid their customer care people are. Must have cost the company a 200-300 pounds in transport, damaged goods, man-hours... Had they shown any sign of benevolence at the start, we both would have ended more or less in the green and happy. Thanks for supporting us again. Happy to donate.
  10. Mentally: fully willing and not anxious at all (as I know I am in the right and I've already met a judge before about my defective laptop) Skill-wise: I am happy to have learned from your advice on previous cases and I can sail through this solo. Very shameful it had to resort to this, if they were a little more interested in my problem, they would have saved me AND them a lot of unnecessary nerves. I will send the letter and let you know if any bumps arise.
  11. So, just in: for the fourth time that I've told them I am not going to repackage this, they say that if I don't repackage, their driver won't pick it up. I really don't feel I should be repackaging this. Especially since they have done absolutely nothing to come our way, why should I spend 2 hours breaking my back with a 40kg cabinet and who knows how much packaging material?
  12. No, it covers some bad tiling, which was done before we even moved in My idea is more like threaten them with what I hope is a very real possibility of: me hiring a garbage contractor and charging them for this cost I paid (likely suing them if they don't reimburse). And then they might come to their senses and actually own up to some of the problems they've caused us
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