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    • Hopefully I’m able to help someone else out with a future post however this particular subject I’m completely at a loss and ever so anxious regarding! I’ll get the letter out when my police officer husband is asleep to see what the company is whom will be writing to me. I know parking companies now seek compensation so I’m expecting these too as they have advised. 
    • You're welcome. Lots of people aren't sure where to post when they arrive but you'll get used to the forum. HB
    • I’m so sorry for posting in the wrong place and I am so thankful you have replied to me thank you.
    • Hello, welcome to CAG. I've moved your thread to our Retail Loss Prevention subforum for further advice. It sounds as if you may get letters from people like DWF solicitors or a company called Retail Loss Prevention but we always recommend to ignore them. If the police weren't called on the day you aren't going to hear from them. Ask us any questions you want to and keep in touch but I don't think this will go anywhere. Best, HB
    • Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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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.
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      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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Swiftcover claims???


viky7258
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I've just been hit by a third party and having just seen someone elses thread about swiftcover and their problems I wanted to get advice on the best way to proceed.

 

The other driver reversed into my car while I was stationary and thus far has accepted liability, I've got their name, address and policy details and having contacted Swiftcover (my insurers) they've advised I can either go through them and then try to reclaim the costs from the third party or I can go through the third parties insurance company - Zurich.

 

Having seen previous threads it looks like if I go through Swiftcover I have to pay the excess which will be claimed back - is this correct? Swiftcover actually suggested I could go through third parties company but another thread said this invalidates my claim with Swiftcover - urgh!

 

If anyone has any helpful advice I'd appreciate it as Zurich (third parties insurer) are currently shut until Monday so I can't call them to see how they'll handle it.

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I'm assuming you have comprehensive insurance.

 

You are correct, you have to chose between your insurers and the TP. That is it in its simplest form, but as we will see it is not quite that straight forward.

 

You first need to verify whether your insurers only need a recovery of your excess to record this as a no-fault accident (and hence no NCB impact).

 

If yes, then this might indicate going on your own (if you can afford the repairs up front). But a better option will be to claim on your insurance and then pursue the TP for the excess and all other uninsured losses - but you must advise your own insurers that you are doing this.

 

If no, and your insurers want a full recovery then depending on the amount at stake you can either take the go alone option to preserve your NCB, or claim from your insurance and run a joint claim with your insurers against TP.

 

You need to take an aggressive lead on this. Do you have uninsured loss recovery as part of your insurance policy? If so use it that's what it is for.

 

The go-it-alone option also has the risk that you might lose! That is the real "ugh" no matter how remote it may seem.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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