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    • Hi Schipoo and thank you for the update.   Excellent news for you and a huge relief, I imagine. You might like to start a new thread about Independent Tax if you want advice on that problem. HB
    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
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    • If you are buying a used car – you need to read this survival guide.
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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.  

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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.
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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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Buildings Insurance / House insurance


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Hi everyone,

 

looking for advice on the following.

 

a while back there some flooding from the flat, which affected the flat below.

 

I requested and received a claim form from the Local Authority. This was passed to the downstairs neighbour.

 

Have received a letter from a solicitor acting on behalf of their contents insurance company.

 

The company are looking for replacement costs, uninsured losses, and interest to date.

 

Should i be asking them to clarify whether anything has been claimed based on buildings insurance (for water damage), and trying to be asking them to breakdown what should have been a Buildings based claim from a contents based claim?

 

Any advice greatly appreciated.

 

Thanks,

Fizzy.

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Sorry I don't understand your post.

 

There was a leak in your flat upstairs, which damaged the flat down stairs.

 

Why are they writing to you?

 

The owner of the flat downstairs should have their own Contents Insurance and be making a claim under that. Only if you had been negligent in allowing the leak would they contact you about this.

 

Can you add another post to make it clearer.

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Damage to celings, walls, light fittings. Anything attached to walls. ceiling will be under the Buildings Insurance.

 

For Contents, each flat owner should have their own Contents Insurance. You are NOT responsible for your neighbour downstairs contents. If you are proved negligent, then your neighbour could try to make a claim against you. By negligent I mean, you are responsible for the leak due to a problem you have caused. Example. If you had a faulty water heater, which you knew leaked. If you did nothing to stop it leaking and it got so bad it affected your neighbour, you would have been negligent.

 

What damage are you trying to claim for ?

We could do with some help from you.

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Thanks for the clarification - unclebulgaria.

 

That there was damage isnt in dispute.

Just thought it should have been claimed under buildings (esp when i got the buildings insurance paperwork for the neighbour).

 

There had been a leak a few months earlier, different cause same result however so the negligent appears to be what the insurer is after.

 

What are the options / in relation to interest? Curious as to whether this is a standard item- especially as this is the first communication which i have received.

 

Thanks, Fizzy.

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Still confused by what you are trying to claim for? If ceilings/walls, anything attached to these have been damaged you submit claim to Buildings Insurers.

 

If you have any damaged Contents in your flat, you claim from your own Contents Insurance. The neighbour will need to claim on their own Contents Insurance, if any of their contents are damaged.

 

In regard to interest, if this is not relevant the amount will be 0%.

 

In regard to the letter received from a solicitor representing your neighbours Contents Insurers, just pass this to your Contents Insurers. Under your Contents Insurance, you have property occupiers liability cover and I am guessing that they think you were negligent and therefore liable.

 

Do you have Contents Insurance?

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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