Jump to content


  • Tweets

  • Posts

    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Need Quick Advice!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5397 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

INSURANCE FRAUD???

 

 

Basically me and my gf were out in town when we came to a standstill at a set of traffic lights. We both were chatting and looking out the drivers side window at a nearby shop.

For some unknown reason my gf decided to pull off thinking the lights were green. Subsequently she bumped into the back of a 7 seater people carryer. And only been driving for a month shook terror up her. Now your thinking whats the big deal we wenrt going even 5 miles an hour. And yes there was no damage what so ever to EITHER of us..Btw she drives a 1.0 VW lupo! We exchanged fone numbers and carried on regardless..

 

A week later a letter came saying the lady wanted to claim so we filled it in and sent it on and that was the last of that. Up untill last week my gf decided she wanted a new car so we searched thru and decided to get some insurance quotes. We rang up TESCO and to our horror found out that the lady had claimed for a heart renching £2686.76p !!!!!!!!!!!. My gf in tears and we were both astounded!!

 

Im not trying to say she hit a car and doesnt want to pay bcos if the lady wanted a new bumper for a -5mile crash .. i cant even call it a crash it was a bump litterally like a kangaroo when u first learn to drive! how much is a bumper £300?

 

All in all i just want some advice really what we can do, im going to ring the insurance people tomarrow and this happend roughly 6 months ago and never thought to check because there was no damage. My gf lupo is worth £1500 btw and if we had caused £2600+ damage im sure we would NOT be alive today.

 

She's taking us for a ride over that much and we need legal advice to sue her a** because its absolute Ball!

 

PLEASE HELP!!!!

Edited by VWLupo
Link to post
Share on other sites

This is an all to comman practice these days, after reading your comments, baring in mind i havnt seen the damage to the vehicles, i beleive this payout is over exagerated.

 

Theres a possiblity this payout me include the cost of a hire car, whilst hers is in for repair or whilst her claim is settled, theres also the question of personnal injury, have they made a payment for this ?

 

I would certanly ask some questions, exaust all the insurance company complaint channels and see how you get on.

 

Hope you get things sorted.

The retailers worst nightmare !

Link to post
Share on other sites

It makes me laugh when I here things like this. Sorry if that sounds bad, but let me explain.

 

For each time I heard customers say "the costs are exaggerated", i heard just as many "I cant believe that much damage has been done" from the other party.

 

An insurer will not pay out for excessive repairs. And a third party insurer will not pay out for repairs that are exaggerated.

 

With respect to BBM, he wasn't present at the accident, did not examine the damage and is therefore in no position to say whether the claim is exaggerated or not.

 

There may be underlying damage that is not visible - that is quite common. There will also be other charges included in the amount charged - labour, hire vehicle, VAT etc. It will not be just the cost of a new bumper.

 

I'm sure your insurer will say the same thing. Pursue it if you must, but I doubt little will come from it.

 

And remember - it's not your money that was used to pay for it. The amounts involved in repairs should really be of little, if any consequence or concern of the insured or the third party.

Link to post
Share on other sites

i rang up the insurance company today and they said that the women in question has not had any repairs or anything as of yet and she has been hiring a car for over 6 months now. The thing that annoys me is this cost is still mounting up and costs £55 a day for her to drive around a courtesy car and her car is driveable and legal just like my GF's. The insurance cannot see the costs for the damage as they havent been filed or dealt with yet so apparently they said the car is either in the garage for 6 months yer right!! OR its sitting outside her house in driveable condition while she drives around a new hire car! If this is the case then they said when the details of her claim come through they will see where the damage was and if they want to pay her for use of a hire car when her one is driveable.. and i dont want anymore junk from people saying the crumple zones could be damaged and stuff becuase we rolled into the back like bouncing a ball off the back of her bumper. No crossmembers bent or any of that ****.. shes taking the **** and having a hire car for no reason!

Link to post
Share on other sites

Whatever the circumstances, the TP has a duty to mitigate losses. Driving a hire car a £55 a day for 6 months is certainly not mitigation, and it would be a brave person indeed to try to claim for that.

 

She has no chance.

Link to post
Share on other sites

if her car is in an aproved work shop

they would provide a hire car

 

did for me

 

55 quid a day

 

whats she drivin an astin martin

 

no chance on claiming for that

 

let your insurance co do the work and stop working youself up

 

happens all the time

Link to post
Share on other sites

Totally agree with Gizmo on this one, her claim for unisured losses (ie a hire car) will be dealt with by your Insurers, that's what you pay them to do. They will look very carefully at their claim and then ask them to justify why they needed a hire car for so long.

 

If they cannot justify it then the claim will be rejected, and by any standards that's far too long to need a hire car for.

 

Seriously, don't work yourself up, just sit back and let your Insurers sort it out, I think the other party is going to be in for a big shock

 

Mossy

Link to post
Share on other sites

if her car is in an aproved work shop

they would provide a hire car

 

did for me

 

55 quid a day

 

whats she drivin an astin martin

 

no chance on claiming for that

 

let your insurance co do the work and stop working youself up

 

happens all the time

 

 

Not all bodyshops have courtesy cars available to all customers so the third party is entitled to hire one if required, there is case law to allow the third party to hire a comparible type vehicle, so it could well be that £55 a day is reasonable, but not for the period mentioned by the OP.

 

Mossy

Link to post
Share on other sites

I deal with incidents like this every day, you know people are taking advantage of the situation, but there is little we can do.

 

With regard to the hire car, this would of been aranged through the Insurance company or bodyshop, it will also be charged at ABI Associatation of British Insures rates, they would have also had to had mitigating circumstancies for a like for like vehicle, ie, carrier lots of people, prams, etc.

 

At the end of the day and i know its hard, let the process take its toll, in a few months ask the insurance company for the details of whats been paid etc, then if you so wish question the matter.

 

Hope you get things sorted, keep us updated when and if anything happens.

The retailers worst nightmare !

Link to post
Share on other sites

they would have also had to had mitigating circumstancies for a like for like vehicle, ie, carrier lots of people, prams, etc.

 

Not at all; the innocent party is entitled to like-for-like hire.

 

Take an extreme example. If I drive a Bentley and somebody runs into it, why should I have to drive around in a Ford Ka through no fault of my own?

 

I accept that I would have to mitigate my loss, but that doesn't include lowering my standards

Link to post
Share on other sites

The vehicle in question in this thread is a 7 seater, therefore the lady who was not at fault would have had reason to aquire a like for like car, if there was no reason there, she would not of received a like for like car, unless the at fault insurance company agreed to pay for it.

 

Any hire vehicle supplied under the ABI scheme need to have mitigating circumstancies, to be honest its not that hard to make up mitigating circumstancies and most of the time the insurers do not even check.

The retailers worst nightmare !

Link to post
Share on other sites

I think the main point here is that she has been in a hire car for 6 months. Even if it was a some steam powered piece of crap costing £1.00 a day, it's still totally unreasonable to have it for 6 months.

Link to post
Share on other sites

Thank you.. you all have some good points.. tbh the lady drove away from the seen and so did we so her car which hasnt been fixed , looked at , booked into a garage or anything becuase we asked the insurance company. im was here to see if we could investigate the case not proclaim my GF innocence becuase she accepted liability from the onsset , its just 6 months for a hire car and have had no work done not even a quote is ridiculous. I will be foning back in a week as they said the computer updated while we were on the fone.

 

I will keep you all updated.

Link to post
Share on other sites

Hi

 

A very similar thing has just happened to me. I was queuing at a roundabout, and the van in front started to pull away as there was a big gap in the traffic (and I mean big) so I started to pull away too. She stopped and I bumped into her car, I must have been slow as I had only travelled about 6ft from a standstill! She was by the way in a transit van and I was in a Peugoet 306.

 

We both pulled over, there was no damage to either car, and I gave her my address (more fool me).

 

Three weeks later I got a letter from a solicitor saying she is suing me for £845 (costs still rising) for health costs, insurance excess and time off due to health problems!!! I later also got a letter from her insurance, both asking for my registration number, which she hadn't taken because there was no damage!!!

 

Is there any way I can fight this, I have just lost my no claims for this year, although the claim hasn't yet gone through. I have told the insurance company I believe it is a false claim, I tapped her bumper, and that is it, I don't see how she can be claiming for more than the excess for damage that doesn't exist!

 

Can you tell I'm a bit p***** off about this!!!!

 

Will the insurance company properly look into this, and be able to tell the claim is false, or do I just have to let the insurance company deal with it and loose my 5 yrs no claims I had built up??

 

Alethea

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...