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    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
    • FAW counts Red Flag limousines, used by China's communist party leaders, among its products. View the full article
    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
    • never get a cca for a debt of that age when was the last payment date?   dx  
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    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Home insurance fiasco.... making up the rules


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I had been insured for contents and buildings for 15 years with no claims... things happen but you never bother as you end u paying more you save it for the "big things".

 

I had a "big thing" the floor of my kitchen was sinking. The insurance company did not cover it as it was concrete and showed no signs of damage to the outside walls. I was gutted, being a single parent and a childminder this was a worry. I managed by begging and borrowing to get it fixed.

 

I then decided to get a new insurer but whilst the building was going on the old policy was cancelled. I forgot to get a new one!

 

I then was uninsured and had a lawn mower taken from my garden, and it was only then when I found out I was not insured. They then said I had lost any "no claims as I had not renewed it within 30 days and I was no a new customer.

 

I was then told the loss would be recorded.

 

The insurer I was with would no longer offer me cover and the broker could no longer find me any insurance.

 

Two points and questions,

 

Can they record a loss even though you were not insured by anyone, when the policy specifically says a claim is a loss or series of losses for which cover is provided under the policy?

 

How can the claims and underwriting exchange keep information on losses when a claim has not been made. The specific entry with the ICO (data protection people) is thatit states that the purpose for which the data are to be held or used is for "maintaining a register of personal insurance claims for underwriting purposes and to detect cases of suspected fraud".

 

I am now uninsurable as its too expensive and may have to stop working which will cripple me.... please advise

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Thanks.. I did watch it but its slightly different... as I was not insured

 

I have contacted the the FSA and they say " they only regulate the sales and advise point of insurance and not the commercial content of each company! Which allows them to make it all up.

 

I have also contacted the ICO (data control commision) about the CUE company who hold this info on people... and they say they can hold data for as long as necessary??? how long is a piece of string??

but it has to be accurate and the insurer has to let you know what they intend to use the information they get from you is for.

 

It does appear that no one regulates the insurance companies. The consumer is at the mercy of the company and they are now using the excuse that there are loads of insurance claims to hike up prices and get out of things... !

 

Someone somewhere must know about this?? I may set up an insurance company that offers insurance for people who's insurance has not paid out!! lol

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I don't think you will get anywhere with the FOS, the insurer has a moral duty to mark down your claim insured or uninsured.

 

A moral duty? Since when did insurance companies have morals?

 

They are bound by their own companies code of practice which if they are a member of the British association of insurers will have an industry code of practice too.

 

Does the insurer have the same moral duty to pay out uninsured or insured? The posts move.... they can keep info on you if you were not insured at the time of an incident and use it should you require insurance yet they wont pay a claim. It seems as if they want the best of all worlds. I am unsure how this prevents fraud? All it seems to do it put premiums up?

 

I am still unsure how a moral duty to record and keep this information has any relation to the application to the ICO that CUE has. They keep information for "maintaining a register of personal insurance claims for underwriting purposes and to detect cases of suspected fraud". I never made a claim??

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A moral duty? Since when did insurance companies have morals?

 

They are bound by their own companies code of practice which if they are a member of the British association of insurers will have an industry code of practice too.

 

Does the insurer have the same moral duty to pay out uninsured or insured? The posts move.... they can keep info on you if you were not insured at the time of an incident and use it should you require insurance yet they wont pay a claim. It seems as if they want the best of all worlds. I am unsure how this prevents fraud? All it seems to do it put premiums up?

 

I am still unsure how a moral duty to record and keep this information has any relation to the application to the ICO that CUE has. They keep information for "maintaining a register of personal insurance claims for underwriting purposes and to detect cases of suspected fraud". I never made a claim??

 

You made a claim against the policy which was unsuccessful. It is not a register of successful claims.

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Hello there. Insurance companies are regulated by the FSA, I think, and you can complain to the fos [Financial Ombudsman Service].

 

My best, HB

 

 

Hi thanks for this

 

Insurance companies are only regulated "at the point of sale" by the FSA. So in a nutshell they regulate if you have been mis-sold.

 

They cannot regulate the contents of a policy.

 

The FOS do not regulate they just make sure that financial services follow the rules (not sure which ones)

 

The only two regluatory bodies are the FSA and the Office of fair trading OFT.

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The recording of data is a data protection issue. Insurers can only record new data at the time an application is made and during the policy contract. The can also update their data if the subject data is within the contract period.

 

If you went back to an Insurers to make a claim and realised the policy had lapsed, I am not sure the claim/damage can be recorded on the policy. The data would be outside of the policy contract period and would therefore not be data that they could process.

 

You would of course have to notify any new Insurers that you approach for a quote/policy of any losses whether Insured or not.

 

If an Insurers have recorded a claim event outside of a policy contract and not in connection with a new application, you should write to the Insurers compliance manager to register a complaint.

 

PS. Try contacting Towergate if you still need to obtain cover. They are one of the largest brokers, so have more options. Re the concrete floor problem, there are some Insurers who cover that. You need to ask about this when phoning a broker for quotes.

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Thank you.

 

Your information is helpful and I will contact towergate.

 

I will am also following up the data issue and have had to pay £10 for the privillege of finding out what information they hold on me and when they received it.

 

I will let you know the outcomes

 

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