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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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    • 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.

      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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[HELP] Part False Claim made against me - what to do?


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Hi,

i was involved in a car crash 3 years ago

it just just a slight bump (me hitting person infront) - no faster than 10mph

 

my insurance told me the claim was settled, but today i recieved a file - Personal Injury Claim

the other driver has accused me of causing multiple injuries, which i knew i didnt cause

 

what can i do?

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refer it to your insurer that handled the original claim (this may not be your current insurer but that doesn't matter). You should point out your concerns that the claim appears to be fraudulant and the insurance company should make sure it is handled by their fraud unit for investigation.

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refer it to your insurer that handled the original claim (this may not be your current insurer but that doesn't matter). You should point out your concerns that the claim appears to be fraudulant and the insurance company should make sure it is handled by their fraud unit for investigation.

 

thanks, i have emailed my insurers

i'm just quite worried about this as i have 14 days to respond

i did cause the crash, but there was minimal damage and no injuries whatsoever

 

I lost my no claims for this and didnt expect for this to come up again

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as you have already lost your no claims regarding this, then you don't really have any concerns as to whether they make an additional payment or not as you can't loose your bonus again! However, I am sure, like me, you have a concern if someone is attempting to make fraudulent claims as these affect all of us with the premiums we pay, so should be resisted whenever possible.

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hi, i got this email from my insurers in July 2010

 

Dear Mr ....

 

Date of Incident: 01/05/2009

 

Eldon Insurance Services Ltd act on behalf of Southern Rock Insurance Company Ltd (Ecar).

 

Further to a review of the claim and the circumstances of the incident, we believe you will be held responsible. This is due to the fact you did not have enough braking distance between you and the car in front. Whilst we appreciate this is not the settlement you were looking for, we would like to advise that Eldon Insurance are committed to achieving the best possible settlement for all of their policyholder’s, however based on previous claims that have went to court and claims experience, we cannot find anyway of refuting liability.

 

Therefore we intend on dealing with the Third Party claim in full. Though this will affect your no claims bonus upon renewal of your policy, you will not have to contribute towards the third party claim in any way. Should you receive any correspondence from any other party relating to this claim, please contact us to provide the details, as we can deal with it for you.

 

If we do not hear from you in the next 14 days, we will assume you consent to this course of action and confirm we will be settling the Third Party claim in full.

 

Yours sincerely

 

Am i right about this being settled? I lost my No claims bonus for this and my premium increased.

Any help / Advice in writing a defense to this?

 

Much appreciated

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thanks, i have emailed my insurers

i'm just quite worried about this as i have 14 days to respond

i did cause the crash, but there was minimal damage and no injuries whatsoever

 

I lost my no claims for this and didnt expect for this to come up again

 

 

Hi,

 

How do you know that there were no injuries?

 

Thanks

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hi, i got this email from my insurers in July 2010

 

 

 

Am i right about this being settled? I lost my No claims bonus for this and my premium increased.

Any help / Advice in writing a defense to this?

 

Much appreciated

 

Seems pretty final to me. Make sure you keep a copy. Simply reply to the personal injury letter saying that you have passed it on to your insurers.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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If the incident was 1/5/2009 they only have until 1st May this year to issue a court claim or it will be statute barred anyway. It's only 3 years for injury claims.

 

.. which is probably why this has come to light now. Some ambulance-chasing solicitor firm will have telephoned the 3rd party touting for business!!

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.. which is probably why this has come to light now. Some ambulance-chasing solicitor firm will have telephoned the 3rd party touting for business!!

 

 

 

Solicitors are not allowed to cold call people. There could be a number of reasons why it has taken this long...

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Solicitors are not allowed to cold call people. There could be a number of reasons why it has taken this long...

 

then you may wish to call them "claims management companies", but ultimately they will tell you that their solicitors will ensure you get a megabucks payout for an injury that you probably didn't suffer.

 

If you haven't had one of these companies call you after an accident, then you are lucky, but I am sure their are many CAGgers who have experienced this cold calling.

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then you may wish to call them "claims management companies", but ultimately they will tell you that their solicitors will ensure you get a megabucks payout for an injury that you probably didn't suffer.

 

If you haven't had one of these companies call you after an accident, then you are lucky, but I am sure their are many CAGgers who have experienced this cold calling.

 

 

Don't get us mixed up with CMCs. ;)

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  • 2 weeks later...

Eldon Insurance Services is part of the Brightside Group PLC - look them up ,they own e-car please see reviews on ecar, they work on p-rofit from cancellation fees with a 25% cancellation rate. They do not look to insure, they are not underwriters, they look to take your money & then work on a provoked cancellation system. there are 1000,s of negative review on this company. The BBC are looking to feature them on a program called The Legalizer, Trading Standards are examining them & they are banned in Australia. Please for the love of God do not use them. AVOID!!!!!!!!!!!!!!!

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It would seem to me that the other party may well have been contacted by a company who have offered to get them money for an alleged injury, I get texts daily telling me how much I can claim for me recent accident (I havent had any accidents). sadly this is a common theme with people claiming for car accident injuries that may not be genuine.

The time limit is 3 years from the date that the person first had knowledge of the injury which is not quite the same as 3 years from the date of the accident.

If I have been of any help, please click on my star and let me know, thank you.

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