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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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      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.  

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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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Offered a like for like vehicle after a non fault accident?....


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Hi all,

 

The insurance industry is currently fighting what is a very costly head of claim, Credit Hire.

 

When you have an accident that is not you fault, and you contact your insurer, or chosen garage, they will often explain that they can do the repairs, give you a like for like hire car, all without affecting your insurance.

 

Sounds good doesnt it? Especially when it's coming from you Prestige Dealership.

 

The down side:

 

You are asked to sign a credit agreement, which potentially holds you liable, should the accident management company fail to recover their outlay.

 

Although, many of these companies act in line with the ABI GTA (Association of British Insurers General Terms of Agreement) the hire charges are still extortiniate, for a vauxhall astra, which you could pick up for maybe £20 per day, they can charge £30-£40 per day, so BMW's, Jag's, etc are all prime targets- if they can double the price, there's alot of money to be made!

 

Garages/Insurers receive decent commission for this, it is believed upto £1500 plus a percentage of the hire charges.

 

The cost of claims has a direct impact on premiums, so accept credit hire, potentially be charged a fortune for it, and then moan when your insurance goes up!

 

On the other hand, it may all go well, but just be careful! :cool:

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi

I have just been involved in an accident and have legal protection cover on a fully comp policy. My insurers (Bell) took some "basic" details and told me that it is likely that the other side will be liable (they came out of a side road in front of me, I broke and hit them while they were still moving). Anyway they offered me a hire car as you describe, but told me that even if I am found at fault then I will not have to pay anything at all for the hire care, I have this in writing too.

The hire car is returned when the claim is settled since my car and the 3rd party are write off's. I was very careful about signing a credit agreement and only did this on the basis of zero personal liability on me. I assume that this is an insurance policy that is within my legal protection cover.

I would be interested in your view?

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Hi Monty,

 

Your car will have come through Bell Legal/Albany Assistance, who, as they are owned by the Helphire group, I would imagine offer the same insurance as Helphire- in that you wont have any liability unless you gave false information.

 

Not all hire companies have this and I would advise anyone to check carefully before signing.

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Sorry mate a typical scare tactic initiated by the insurance industry

 

Most such hires are offered on a like for like basis & their charges are usually based on spot checking national rates.

 

Also it's a requirement that the claimant be liable to pay the charges before it can be collected from the other side. It's known as the 'indemnity principal'. It There has been attempts to change the principal but the insurance industry have objected

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JonCris, ultimately, any credit agreement potentially leaves a claimant liable, I have nothing to gain by being anti CH, I work for an insurerr, and as long as there's credit hire, I have a job! I just think people should be cauteous before they accept offers.

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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by signing most of these agreements, you are potentially accepting personal liability for hire costs.

 

I dont know about you but I wouldnt want the hassle of suing the introducer?

 

Also, I am not disputing demands for payment, merely the credit hire risk

Edited by INSURANCEGUY
typo

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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The Majority of claimants will have a hassle free hire car,

 

but read this!

 

Pensioner driven to distraction by 3,300 legal row over 'free' car hire | Money | The Guardian

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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& this bit

Accident Exchange ran into legal disputes with insurers that baulked at the high cost of its cars, and which said they had not authorised the replacements. These were resolved in Accident Exchange's favour.[/u] The firm says it works within the ABI's general terms of agreement, and is regulated by the Financial Services Authority unquote]
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& of course those reading this thread should be aware that if insurers had their way no one but no one would be allowed a courtesy car In fact if they could avoid paying out on ANY claim no matter how genuine they would.........oh almost forgot they do............ frequently

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DL were an utter disgrace & succeeded in giving, what was in principal a good idea, a very bad name.

 

To long had insurance companies ignored the problems caused by victims being left without transport or a means of taking prompt action DL did offer a solution. Problem is so good was their idea that they got greedy & didn't follow the proper procedures. Also staff made most of their income from commission something which led to inevitable fraud

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