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    • 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.
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    • 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.
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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
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Hi, everyone.

 

A few months ago it seems that my mother may have thrown out jewellery totalling about £9k.

 

She hadn't been wearing them as they reminded her of her previous marriage, which had been unhappy.

 

She has been trying to claim it on her insurance, but the insurance company are refusing to pay.

 

I can see that her policy covers losses of valuables up to £10k with a single item limit of £2k.

 

None of the items were named on her policy, as none of them were worth more than £2k.

 

It's my understanding that anything below this doesn't need to be named.

 

Could someone please confirm if this is correct, as the insurance company is saying they should have been named?

 

Thanks in advance

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you are correct

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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go on to iplayer

 

the program this morning with Dom little

 

http://www.bbc.co.uk/iplayer/episode/b01g89vg/Dont_Get_Done_Get_Dom_Series_6_Hays/

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you go over to the Martin Lewis Insurance forum, the person who appeared on the Dom Littlewood, has a thread with details of the battle they had with under-insurance related to jewellery.

 

But having said this. I cannot see how the OP's mother can make a claim for a deliberate act. If she threw away the jewellery, she cannot expect the Insurers to pay out. If it were an explainable accidental loss and she has accidental loss cover, then she may have a chance.

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

 

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Uncle Bulgaria,

 

The way I read the OPs post, it's not that his mother deliberately threw out the jewellery more that she put it out of regular sight due to the memories invoked and connected to it. At some point after this she has had a general clear out and the jewellery (in whatever container it was stored in) was cleared out accidentally.

 

Some further time on again the fact the jewellery is missing was discovered and by working through things it's realised that it must have been disposed of during the previous clear out.

 

If that's not the general gist of what happened I apologise but sometimes you have to read between the lines of what is said in a post!

 

Feebee_71

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Thanks for the replies, UncleB and FeeBee.

 

My mum doesn't have accidental loss cover, but the standard cover she has only mentions that she wouldn't be covered for loss of valuables left out in the open, and these items weren't. FeeBee's description is of what happened is correct.

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I can't see the loss being covered under a standard policy, if she has no accidental loss cover. Approach the Insurers with full details of the loss and see what they say.

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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On Castle Cover, providing they have accidental damage cover (no need for extended personal belongings cover) they will be covered for any loss within the home.

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