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    • Hurrah! We got there.  After asking four times about the defence you've answered. To win this you will have to be a hell of a lot more pro-active and get reading up.  The standard defence is on every single claim form thread here. So first task for the evening. Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There is the standard defence. Change (6) into (7) and add a new (6). 6.  In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. Get if filed this evening.
    • OK, relenting on my above irritated post ... It's worth defending it.  At the very least they are likely to offer a deal. Plus  PE have added two completely invented amounts.  The £100 charge has morphed into £125.  Then they've added £50 legal representative's costs although they have no legal representative.  Even if it went all the way to court and you lost, the  judge would likely disallow the made up £25 + £50. Please fill in the sticky as dx asked. Then dx will be on with details of how to defend.
    • Quite interesting that the Conservative East Midlands  Mayor candidate doesnt mention conservative on his promotion LOL   but he does claim that he, a Conservative politician, is the man to fix the 14 years of Conservative devastation of the region - inc 'fixing' problems inc the utter devastation of the roads, bus and train services that his party have  imposed   Must all rotate around the meaning of fixing he actually means .. fixing noun dishonest activity to make certain that a competition, race, or election is won by a particular person:   .. or perhaps he just means 'fixing' - preventing change
    • Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time. They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you. However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately.
    • Will check back in when the SAR from MCB is back and get advice on how to raise the formal complaint and what to say x
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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.  

      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.

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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.
      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
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Hous & Contents Renewal Scam


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I've had a policy from an Internet Broker, which is ultimately underwritten by Aviva. 11.5 months into my policy, I was emailled to prepare for renewal, which had to be done before the policy lapse date. The provided quotation was the same price as last year, so I had no qualms over renewing.

 

I ticked the price and renewed, now, a week later they have sent a print out of the policy for 'my information', in it the Cumpulsoty excess of £60 reamins, BUT there was an additional entry 'Voluntary Excess' of £50. This means should there be any claim, I have to take a hit of £110 per claim becasue of my seemingly spirited agreement to take this strain.

 

The trouble is, I hadn't. The price I was offered to renew was on the basus of my existing policy, which had not Voluntary Excess. Have other CAGgers noticed this, and what were the excuses used when challenged?

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I suspect the online renewal facility included an automatic default option of a £50 voluntary excess.

 

This would have been contained in the information provided, before you clicked to renew.

 

Obviously what you can do if you are not happy with this, is to phone the company concerned and ask to have the vol x/s removed. This will cost you a small additional premium.

 

The relatively small level of excess and non change in premium should be seen as a positive. I suspect most people have an average x/s value of £200 on their policies and have seen sizeable increases in premium.

We could do with some help from you.

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Perhaps, but their massaging of the figures (to achieve the same renewal fee) is a deception. It would be based on the SAME criteria that existed, but offer a way to discount it further by opting for the voluntary excess (which had not been taken previously). I'm just banging off a letter to ask why this was not done.

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Perhaps, but their massaging of the figures (to achieve the same renewal fee) is a deception. It would be based on the SAME criteria that existed, but offer a way to discount it further by opting for the voluntary excess (which had not been taken previously). I'm just banging off a letter to ask why this was not done.

 

Likely response will be that there was no massaging of the figures. This was all done by computers and the default setting was a £50 voluntary excess, unless the current amount was higher.

 

Perhaps they will accept your point and reduce the excess to nil at no extra charge. As you say, this is a voluntary amount already decided by you, so they should not adjust it for the renewal quote.

We could do with some help from you.

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If an insurer wishes to change the details of your cover upon renewal (which they are allowed to do) then they have to make this very very clear. Any changes in cover, or excess, or premium must be clearly communicated.

 

It sounds like they have not done this. You should definitely contact them and compain. It may be an honest mistake on their part, but it is still a mistake that you should get corrected. If they offered you renewal at the same premium and did not notify you of any changes then I believe they should honour that premium at your old level of cover / excess.

 

Let us know how you get on!

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