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    • Thank you Dave for jumping in yesterday and advising not to send off the letter I wrote. I am sorry Clou but I thought at the time that both car parks were owned by Alliance. Before doing a snotty letter does anyone in your family able to alos drive your car apart from yourself and are you the keeper?
    • Thanks for this. UPS never said they delivered to the wrong address. Tracking just showed as delivered. EBay couldn’t find it for weeks and then said they found it and it had chocolate in it. Something clearly doesn’t add up here.
    • Try to think things through logically & legally - the two go together as the civil court system in England is pretty decent and easy to get your head round. 1.  Say you & I got into legal dispute.  Who could sue who?  Well I could sue you and you could sue me.  My next-door neighbour couldn't sue you and your best mate couldn't sue me because the case would have nowt to do with them.  The same goes for a DCA.  It's not their debt.  They can do nothing. 2.  Of course a DCA can't affect your credit score.  If they could, then there would be nothing stopping you picking on someone you dislike, saying they owed you a billion pounds, and affecting their credit score.  Logically there must be more to it than some daft allegation.  CCJs are issued and credit scores wrecked after a judge has decided on the matter and the losing party has still refused to pay.  With nine grand in play the matter will not magically go away but you need to gen up and seperate daft threats from paper tigers from concrete threats which could really cause you trouble. The others are right - you need to inform the original creditor of your address in order to avoid a backdoor CCJ. Also, why did you decide not to sue UPS who have admitted to delivering to the wrong address which in turn led to the theft of your goods?
    • All the PCNs that MET has sent me has the location given as (840) Arla Old Dairy, South Ruislip, HA4 0EY however the correct post code is HA4 0FY.  The contract that I have received from DCBL has correct post code HA4 0FY but since all the PCN that MET has sent me got different (incorrect) post code that results in no breach of contract since PCN post code does not match with contract.  HA4 0EY is a nearby residential post code where group of flats are located.  This was first noticed by @lookinforinfo in previous page I am also conscious that I need to submit WS by 7th June and I still haven't received WS from DCBL, what is they send me at last minute?
    • Correct there are no HTML links at the bottom now, they must of sent different ones. And yes that is correct Kearns sent her these documents on the 02-12-22 in relation to the old court case.  Their covering letter should be at the top of "File 1 Redacted"
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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.

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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.
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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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Non Payment for storm damage.


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Two weeks ago we had a retaining wall at the bottom of the drive collapse. This wall was standing at the end of March, then with all the rain we had in April we noticed the wall starting to leen over and then as I said two weeks ago the wall went over.

 

On Tuesday of this week we had a visit from an assessor sent by Churchill. After inspecting the wall and other damage it had caused she said Churchill were not resposible for payment as it was not covered by our policy. Yet the policy say's we are covered for storm damage, land slip, land heave and subsidence.

 

I have attached the letter the assessor left me.

 

Where should I go from here.

Edited by MARTIN3030
Removing personal details
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Hello there.

 

I've had to remove your attatchment. although the scan is very small and goes blurred when I enlarge it, I can see that there is a name and address in it [yours?] and possibly other personal details. We never recommend putting up personal information.

 

Please would you edit the doc and then put it back up.

Edited by MARTIN3030

Illegitimi non carborundum

 

 

 

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Can't read the letter as too small. But I think the assessor is correct. If the garden retaining wall, was is good condition, it should have withstood, some flood or storm damage. Unless there were winds above 55mph, with/without precipitation, Insurers are unlikely to view this as storm damage.

 

In this situation, as you are clearly unhappy about this, you should put a complaint in writing to the Insurers claims manager, asking for an explanation in writing from them.

 

What material is the wall made from ?

We could do with some help from you.

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Assessor Report.pdfNon Payment for storm damage.

 

 

Two weeks ago we had a retaining wall at the bottom of the drive collapse. This wall was standing at the end of March, then with all the rain we had in April we noticed the wall starting to leen over and then as I said two weeks ago the wall went over.

 

On Tuesday of this week we had a visit from an assessor sent by Churchill. After inspecting the wall and other damage it had caused she said Churchill were not resposible for payment as it was not covered by our policy. Yet the policy say's we are covered for storm damage, land slip, land heave and subsidence.

 

I have attached the letter the assessor left me.

 

Where should I go from here.

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I have now submitted a new copy of the letter. The wall is a brick/block retaining wall.

 

By the way the assessor spoke if the wall had been hit with say a car then the insurers would have paid up, but because the storm damage (wet April) happened over a period then we were not covered.

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Yes it will be considered damage that has occurred gradually and not by a one off event. So would be considered a maintenance issue, not something you can claim for. A brick/block wall should have been ok, unless there was a significant amount of storm water against it in one go.

 

You are correct about impact by vehicles. If the wall was next to a road or driveway and you could point to an unknown vehicle hitting it, you would have been covered.

We could do with some help from you.

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Most Insurers exclude storm damage to garden walls and fences, some with this exclusion will however cover storm damage to walls if the home is damaged at the same time

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A lot will depend on the age, build quality, etc for this to succeed. In the main a wall should not collapse if built correctly. Most insurers don't look beyond wind for storms, whereas water build up as UB67 states can be a factor, and this can be considered as storm, but again this would need to be a one off event, not rain over a month. Potentially this could also be flood, which can be caused by a gradual build up over a prolonged period.

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As near as we can assertain the wall would have been built at the time our home was built, that being 1967. I would think regarding quality of build this would be checked by the building inspector during construction.

 

As I have said at the end of March the wall was standing but during the month of April it could be seen to be going over until 2 weeks ago it went over during the night. Should add there was no way anything cound be done to prop it up as on the side away from out propery there is a thick hawthorn hedge, so this makes it impossible to reach from that side.

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