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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • OldVWMK1
      Markerstudy - Other driver fled the scene

      By OldVWMK1 · Posted

      Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.     
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Man in the middle
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By Man in the middle · Posted

      Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • theoldrouge
      US elections November 2024 [amended 18/04/24 - HB]

      By theoldrouge · Posted

      I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Forced to wait 2 months for pay. Can they do it?

Unpaid
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Unpaid

Unpaid

Posted
Posted

Is it lawful for an employment agency to make an employee wait 2 months before they receive any pay?

 

I began working for an agency on 28/05/2012. I was expecting to be paid at the end of June for the days I worked in May. However, payment did not arrive and by the end of the first week of July I was becoming concerned. Payments were starting to fail to be paid as there were insufficient funds in my bank. On the 09/07/2012 I managed to contact HR of the agency who told me they would not pay me until 27/07/2012.

 

My question is, does this contravene any employment legislation?

 

 

Thanks for your advice.

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numbers666

numbers666

Posted
Posted

Hi Unpaid,

 

What does your contract with the agency say ref pay ???? monthly in arrears ? weekly ?

 

It does sound unfair and prob unfair deduction - can you look at the agency contract and get back....

 

N

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Unpaid

Unpaid

Posted
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Posted

They say 1 month in arrears.

 

They blame a problem with the application for my CRB for the delay in activating my contract and resulting delay in my pay. I work in Further Education. However, I do not feel liable for the problem with the delay in processing my CRB as they asked me to pilot a trial online application. I encountered glitches with the online application, informed IT help who did not respond to my email. I did call them to alert them too and I awaited further instruction from the IT staff - it didn't come. Eventually I sorted the problem myself through trial and error. Technically they should not have started me to work without the CRB clearance, I therefore feel their delaying my pay is unjust on this basis alone. Moreover, I had done some work for the same agency a few months earlier, as it was only a few days emergency cover they did not even bother with a CRB., neither did it interfere with my getting paid.

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assisted blonde

assisted blonde

Posted
Posted

Some employers if you start within a week or 2 of their normal pay run pay at the end of the following month so you would get say 6 or 7 weeks pay instead of 4 or 5, this is quite common in my experience.

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

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Unpaid

Unpaid

Posted
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Posted

It will be 9 weeks before they pay me. It is costing me money in late payment fees because of their non payment - yet I cannot bill them for the same. I feel unhappy because it is costing me money to get to work as well. Insult to injury, they are paying an hourly rate agreed with the unions in 2008, not the rate agreed in 2011.

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lbruk

lbruk

Posted
Posted

If the reason you are receiving charges etc is because they have not upheld their end of the contract.

 

The contract of employment goes 2 ways. You do the work to a satisfactory standard and they pay you. You have done the first, they have broken their end - no matter what the "reason" it is unacceptable.

 

I would raise a grievance and expect them to pay all of your charges and interest.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Unpaid

Unpaid

Posted
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My bank have also informed me that they are going to close my account because I am a bad customer. I have to waist my time going to plead with them because the agency paid me late.

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lbruk

lbruk

Posted
Posted

BTW the bank cannot do that ;)

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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workingscorpion

workingscorpion

Posted
Posted

Same thing happened to me. BTW the agency is not based in N London is it? I demanded my money as soon as I found out. They had taken money for a CRB check and not sent off for one. I contacted CRB company and checked. In the end I threatened to tell the employer. In the end the agency caved in but I left and rejoined another agency. I called the agency daily and eventually got my money. Later found out they had done this before and had to wind the company down (other employees lost out).

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Emmzzi

Emmzzi

Posted
Posted
BTW the bank cannot do that ;)

 

If the bank think you are a bad customer because you are overdrawn, have bounced payments etc, and your account does not allow overdrafts, then absolutely they can close your account. lbruk what makes you think otherwise?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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lbruk

lbruk

Posted
Posted

Under the banking code they cannot just close your account, if they do then they are being unfiar especially if they have not give a reason or not accepting a valid reason. http://www.consumeractiongroup.co.uk/forum/content.php?827-Examples-of-unfair-treament

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Emmzzi

Emmzzi

Posted
Posted

having bills and no funds is usually a breach of the terms of the account, and is a valid reason for closure.

 

your link does not contain an argument which counters this

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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