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By lee19921992 · Posted
thank you, apologies if it seems muddled up, I don't really understand it my self tbh.. she called AX and they are trying to contact admiral but haven't received a response from them yet. she said it wasn't her fault, he shouldn't have pulled out as it was her right of way, he should have waited until she passed. she has said to AX today, why arent you fighting my corner, they said "She said its a difficult one because there refusing liability and without evidence were stuck." what does she do? -
Well not a law just guidelines... But... Complaints Complaints about firms breaching the regulations should be made to the Citizen's Advice national Consumer Helpline on 0345 404 0506** for onward escalation to Trading Standards. **Calls to 03 numbers count towards inclusive allowances on landlines and on mobiles, or are otherwise charged at "geographic rate" - the same as calling an 01 or 02 number. -
By BankFodder · Posted
why don't you or she describe how the accident happened carefully here and maybe with a couple of simple but clear diagrams so that we can understand the situation of course it would be much simpler if your sister could get involved in this thread and give us the information first-hand. -
Thanks for your help. So to be clear, they have broken the law by operating a 0871 number for customer services and complaints phone line? As described in post #5 and here.. http://www.fairtelecoms.org.uk/consumer-contracts-regulations.html There is no ombudsman, they aren't budging on their response not to reimburse me.. So what now? Trading standards, small claims court? -
By unclebulgaria67 · Posted
I don't understand your post so I will try to figure it out as follows. Your Sister only has Third Party cover with Go Skippy, which does not cover damage to her own car. Under her Go Skippy policy, they put her in touch with AX who are an accident management and credit hire vehicle provider. AX only provide the Courtesy (credit hire ) car because they thought the third party driver may be at fault for the accident. And your Sister did not have a car that was in a roadworthy condition and the car remains unroadworthy because your Sister does not have the savings to pay for the repair. AX are not providing a courtesy car. They are providing a fairly expensive hire car on the basis that they hope to recover the cost of this from the third party. AX are wanting the Bank statements from your Sister, so when they try to recover the Car hire costs from the third party, they can justify continuing to provide the hire car, on the basis that your Sister cannot pay to repair her own car. At the moment, the third party Insurer Admiral are disputing liability for the accident, so at this point AX are trying to limit the potential debt liablity for the credit hire car that your Sister will owe them. If Admiral are never held liable to pay for the repairs to your Sisters car and the Credit hire car, then AX will be trying to recover the Credit hire car cost from your Sister. Based on your description of the accident, it indicates the third party was at fault, but were they 100% at fault ? I think your Sister needs to speak to AX to ask them why Admiral considers their driver is not 100% liable for the accident. AX are supposed to be providing an accident management service, so what are they doing to help her. I think she needs to ask AX this question.
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Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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