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    • if you have YOUR bank statements totalling who you paid and when regarding this debt.... and you have proof that unlawful fees/sums have been added to the sum adjudged in court from the HFC SD that you've now paid.... i would be putting all that evidence together and demanding cabot refund said figure in 14 days else you'll raise a court claim...but don't bluff. dx  
    • have you proved at what house was it left outside of & stolen from ...yours or the neighbours? the fact it was for a warranty return means nothing. neither does it that the repairer/retailer have special instructions with DPD for them not to leave a parcel outside unless specified by a customer ..you might have overruled them with your instructions on the DPD website, you stated, neighbour/safe space?? if it was left outside your door, which you appear to indicate RE: i can't see you winning this...you created your own problem with what you put on the DPD website?    
    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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insurance claim for antique door


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We have a huge antique door which we imported ourselves from Sri Lanka several years ago at a total cost of £1000. We have recently moved home and put the door into a well known storage facility. On transporting the door to the storage facility it got damaged. We took out insurance through the storage company which covers goods in transit ( it was their people who transported the door). The policy states that damaged goods will be replaced. It would be impossible to replace the door! The insurance company want to send somebody out to asses the damage and see if it can be repaired.

Can anyone tell me if I have to accept a repair to the door or if I can insist on getting the money that it cost us? (as stated earlier, an exact replacemet will not be possible)

Thanks

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Hello and welcome to CAG. You need to check your policy wording, but insurance companies often reserve the right to repair and item, especially I suspect in your case. I imagine the cost of getting another door from Sri Lanka would be prohibitive, or is it an option? You could help yourself by casting around the internet to see if you can show the insurer something similar.

 

Perhaps you would post the exact wording of the policy for damaged items? It will help us to advise you.

 

HB

Illegitimi non carborundum

 

 

 

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Hi,

Thanks for your welcome and your reply.

The exact wording in the policy is as follows "settlement of claims is based on replacement (new for old) "

I have looked on Ebay for similar doors and they are being marketed for about £1500

Thanks,

Dan

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Hello again. I stand to be corrected by someone more closely connected with this type of insurance, but I think you should wait and see what comes of this visit. You didn't mention how badly damaged the door is, so it's hard to comment on that. Did they drop it, for instance? You could arm yourself with a print-off showing the ebay door and price to show you're not making it up to try and extort money from them.

 

We seem to have lost Mossycat, one of our insurance gurus, but I hope one of the others will be along to add comments.

 

HB

Illegitimi non carborundum

 

 

 

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There is a very ornate panel of fretwork on the top of the door frame. It measures about 4ft x 2ft. The damage has broken about a 6 inch hole in the fretwork. The broken pieces of fretwork are in 4 pieces. The fretwork could probably be glued back in place ( which is what I imagine the assessor will say) However, the insurance claim states replacement and not repair ( it specifically says this if you are not a business customer).

Thanks

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Insurers can insist on a repair, provided that once it is done, the door is in the same condition as it was before the damage occured.

 

Sometimes what happens in these cases, is that if the work to do the repair is specialist, the Insurers cannot find anyone either suited or willing to do the job at a competitive price. They may then have to face facts and replace the door in line with the t&c's of the policy.

 

I can see this claim being a drawn out affair. They will not simply issue you a cheque for the relevant amount.

We could do with some help from you.

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It would be unusual if the Insurers did not include repair option, somewhere within the policy wording.

 

If you phone the Insurers they will clarify this.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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