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By BankFodder · Posted
Also, I understood somewhere that you had the name and address of the van driver. Is this not correct? Also, at the time of the accident, would you say that there was ice and slush and the middle-of-the-road? Or is it simply in the side of the road between the parked cars? It was late in the day and we can imagine that the passage of traffic would have cleared any ice and snow. I notice one or two of your images seem to show tarmac with no ice or snow -
By BankFodder · Posted
Okay there's a number of things. First of all you say that there are apparently witnesses which the van driver is claiming – this is the first that we've heard of this. Are there any other details that you know of which you haven't disclosed to us yet? Secondly, you've apparently received instructions from AX not to contact the insurer. AX are not your friend. Thirdly, you are asking whether you should write to AX and give them information? – AX are not your friend. You ask how you can put these points forward – we will help you. However don't expect it to be easy or quick. I'm afraid that things have rather slipped out of your control and you will have to take back control with our help. Also, let me point out that not all of my site team colleagues necessarily agree with my assessment above – I expect that there will be some contributions and it will be helpful to see what comments and criticisms are made of my assessment above. I understood that the van was stopped but you are now saying that he failed to give way which now suggests that he was moving and continued moving even though you came within his sight. I understand that you've been given documents by your own insurer which apparently you've ignored. You say that AX told you not to respond – I don't really know why you are taking advice from AX. They are not your friend – and I can tell you also that your insurer is not particularly your friend either. You haven't commented on the bullet points that I've made. Do you agree that this is what happened? It's essential that you give us some feedback. Also, if you want to use stand any chance taking this forward, then you are going to have to engage in a bit more closely and respond to questions more quickly please. -
By Gemma19194 · Posted
Also i have just pulled out some paperwork that admirel had sent me 25th january . AX told me not respond to them so i never really read it through. I have just seen in section 1 ' a witness' and states a man's name but no address. There wasn't any witnesses as no one was around. How can i investigate this? Also AX has never informed me of any witnesses that the van driver is claiming ? Thank you for the bullet pointed information, i think these will be useful in my case, however how could i put these farward? Should i write out an email to AX stating these points ? -
Some tyres have what is called rim protectors. It’s an extra part in the side wall that give some protection against kerb marks, but it’s only a piece of rubber and it is absolutely possibly to deform it and damage the wheel, so if the op was prone to marking them it would be of benefit. Also if you change the tyres the next set might not have the feature.
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By Gemma19194 · Posted
Thanks , i will request the SAR from AX, goskippy and admirel. This is the statement i sent them. It is not fully detailed as i had already explained, in detail, the accident to them around 50 times via the telephone before hand.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 25 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Help just lost in court to CL Finance/Howard Cohen
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