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    • Breakdown cover Hi, I presume like many that when it was decided to go with then 'A shadegreener' that I would receive a 24hr call out, just like British Gas! No more worries, they would deal with any issues. This is far, far from the truth.My boiler locked out, I reset it, it locked out again & again. So I phoned ASG Ltd on Saturday, then twice on Sunday, then twice again today. My boiler has been out of service since Saturday, with the F4, flame fail fault, which Weissman don't recommend resetting to many times. Despite calling and leaving messages on their answer service no one called me back. When challenged, guess what they, stated they have no record of my calls, this is despite me having a call log on my phone showing times of the calls and duration of said calls. So their lying, not the first time either. When I call back this morning, they said they would speak to Weissman and get me an engineer out,urgently ,bearing in mind I'm a Cancer patient and I've had no heating or hot water since Saturday! You might know, no call was received telling me when I would be getting a repair, so I rang ASG Ltd back and I was told that should ring Weissman... Just what am I paying a service contract for? So I called Weissman, they promised me a call back, never happened. I did however receive an Email saying I won't now get a call until tomorrow. I believe that the service being paid for isn't fit for purpose and has been missold. I had a British Gas service policy and it couldn't be faulted. 24hr, 365 day same day service and if no fault found, no charges were made, unlike ASG Ltd. Who expect the homeowner to be a heating engineer, diagnosing what wrong when a fault appears and if you get it wrong, your fined £150 for the mistake. Absolutely unreasonable and unjustified. I would love to know your experience with the breakdowns and call-outs you've experienced. I'm considering taken legal action, because the service being paid for isn't fit for purpose and missold as I have previously stated. The more ammunition I have, will make the legal action more formidable. I look forward to hearing from you.
    • It could also a recycled number issue, how long have you had that number?  If recently the number could have belonged to someone else who owed money sometime in the past and it was their contact number.  Was given a new work phone once, and the first call I had  on itwas from Rossendales bailiffs after someone for  Council tax debt.
    • I think they are trying to persuade the judge there have been a number of supreme court decisions which override a lot of the regulations we rely on here, they even say I rely on "out-dated legislation".   Their next main approach is to say the claim is statute barred and that I need to prove that I didn't know about this 6 years ago. My argument is that I couldn't have known since they concealed the statements from me until November 2020. After a GDPR request in 2018 they claimed for 2 years that they didn't have the statements over and over again. They finally produced them when I went to the courts. It was only at this stage that I saw I had the charges on the accounts. Since they repeatedly didn't give me the statements I would propose Kleinworth Benson is reinforced, as they may have tried to conceal the charges.
    • @Saints60 very sorry to hear about your story – but you've been asked to post your story on a new thread and you haven't done that. By joining into an existing thread, you confuse the issue, make people unsure as to whom they are responding and are probably likely to receive less help then you might otherwise do if your story was told as a completely new topic. Also – very importantly, if you post on a new thread, then it will tend to be recognised much more by Google so that people are more likely to come across these discussions if they also have experienced similar problems with this dealer. We are very interested in the fact that you say that you have identified this person – and I'm not sure why you haven't shared that information with us all here as well. As you are aware, one of the problems here is identifying the dealer and also where the dealer lives and what assets the dealer has because this would make it easier to get the police to take an interest and also to begin the necessary legal actions to obtain compensation. I'm not too sure why you haven't volunteered all of this information because the rest of your story has been pretty detailed. Please will you post a new thread and also give us all the details. It's important that all of this is shared. Thanks
    • letter of claim is 1st.   but that will never come whilst as they are your debt are still with the original creditors  years away from sale to DCA's if at all. so forget DCA's...please.    Just one point..   mail redirect does not always work nor is always allowed by royal mail for court documents i'e a claimform pack from northants bulk. many of these we have seen state do not forward on them.   now, stop panicking on the above for a moment and thinking this is bad... a claimform pack should be preceded by a letter of claim which you would get redirected... and ofcourse as above the wont be from an OC.  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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RTA portal query


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Hi.

 

I was involved in a car accident several months ago and decided to claim for car damage and personal injury as I had taken time off work.

 

After several months of constantly chasing my solicitors they have now advised that the other insurers have wrote to say they have not received the medical report and they would need to re send the report. The report was initially sent 4 months ago

 

Any solicitors on here? Can you advise what the process is of submitting medical reports, are they done electronically. It's taken 4 months for my solicitors to pick up on this.

 

Any advice on this would be great.

 

thanks

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Hi.

 

 

 

I was involved in a car accident several months ago and decided to claim for car damage and personal injury as I had taken time off work.

 

 

 

After several months of constantly chasing my solicitors they have now advised that the other insurers have wrote to say they have not received the medical report and they would need to re send the report. The report was initially sent 4 months ago

 

 

 

Any solicitors on here? Can you advise what the process is of submitting medical reports, are they done electronically. It's taken 4 months for my solicitors to pick up on this.

 

 

 

Any advice on this would be great.

 

 

 

thanks

 

 

 

 

Hi, with the new RTA Portal system, the claim will be submitted then the other side insures have 15 days in which to respond on liability. Have they admitted liability in your case? If so, stage 2, would be that they submit your medical report, engineers report and any loss of earnings or special damages. From what I remember there is another 15 days (working) for them to respond.

 

However, if your claim fell out of the portal at stage 1, ie liability is denied or can't be agreed as more investigations are needed, it would fall back into the old regime known as "predictive". This would give the other side 3 months to carry out investigations and then they would have to revert on liability.

 

Everything is submitted electronically and they should have picked up on it after 3-4 weeks maximum if they had chases the the side when in the portal system.

 

But if it fell back into predictive, they will have been doing chasers but the chasers will have been "do you have a decision on liability yet?" then the 3 months would be up an other side have said they don't have relevant information. I'm assuming a part 36 offer was sent with the medical report? If so, they would only have 21 days to respond.

 

One of the problems is that the insurers are always in a massive backlog, can never help at the time and it's very frustrating for the solicitors acting on claimants whale as you do everything you can to get an answer but you just can't.

 

Hope this helps.

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Hi

 

Thanks for this very informative post ARoyle.

 

My claim must have fallen out of the portal as liability was initially denied by insurer. I was hit by an overseas lorry driver contracting in the UK and his UK agency were having difficulty getting hold of the driver for circumstances. In any case liabilty was subsequently admitted by his insurers.

 

I went for a medical and this was sent to the 3rd party insurers. I am not sure what a part 36 offer is but my solicitors did write after obtaining the medical report to state due to the report we think an offer of £xxx should be put forward as an offer of settlement and sent this along with the report. I am assuming this is the part 36 offer you mentioned.

 

But my main issue here is that why after almost 5 months after obtaining my medical report have my solicitors come back to state 3rd party insurers did not recieve the report and they are sending again. When a claim drops out of the protal would the report be sent electronically or via post.

 

Is there anyway for me to obtain a copy of my file from the 3rd party to see exactly what is going on. I have tried to call them but they will not discuss anything with me and state I need to speak to my own solicitors.

 

Thanks

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Is there anyway for me to obtain a copy of my file from the 3rd party to see exactly what is going on. I have tried to call them but they will not discuss anything with me and state I need to speak to my own solicitors.

 

 

 

They are right. Own your solicitors can tell you why.

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They are right. Own your solicitors can tell you why.

 

Yeah but I have the feeling my solicitors are not being 100% truthfull. Wanted to audit them kinda thing without them knowing.

 

thanks

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As you have legal representation the TPI will not be allowed to speak to you.

 

Also, could you clarify if the Defendant is a foreign registered vehicle? If so then the claim would not be issued through the MOJ portal.

 

In addition the investigation period would be 6 months and 21 days instead of 3 months and 21 days from submitting the claim.

 

As for the medical report, it doesn't matter and can be sent be fax, post or e-mail.

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As you have legal representation the TPI will not be allowed to speak to you.

 

Also, could you clarify if the Defendant is a foreign registered vehicle? If so then the claim would not be issued through the MOJ portal.

 

In addition the investigation period would be 6 months and 21 days instead of 3 months and 21 days from submitting the claim.

 

As for the medical report, it doesn't matter and can be sent be fax, post or e-mail.

 

Liability is not an issue as 3rd party have paid out for vehicle damage. I understand now that medical report could have been sent via different means so that's fine. I get the feeling my solicitor is not being 100% truthful.

 

Will a Subject access request work if I send this to 3rd party insurers?

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It might do but I don't understand why you don't just ask your solicitors for a full explanation?

 

It sounds like they have just sent the medical report and they forgotten about it/sat on it for a while.

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It might do but I don't understand why you don't just ask your solicitors for a full explanation?

 

It sounds like they have just sent the medical report and they forgotten about it/sat on it for a while.

 

I think this is what has happened but they don't seem to admit it.

 

Ok now that they have re submitted the report along with a part 36 offer what options do I have if the other side do not respond within 21 days?

 

Thanks

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  • 3 weeks later...

Hi

 

Just to update the other side have finally made 2 offers £1350 and then £2000 for personal injury, they have not put an offer in for wages.

 

I asked my solicitors to reject both offers as I feel it is on the low side. They said I was given a 10 month prognosis and according to JSB guidelines the offer they put forward is about right.

 

I know not all cases are the same same but £2000 for 10months prognosis is this about right?

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Hi

 

Just to update the other side have finally made 2 offers £1350 and then £2000 for personal injury, they have not put an offer in for wages.

 

I asked my solicitors to reject both offers as I feel it is on the low side. They said I was given a 10 month prognosis and according to JSB guidelines the offer they put forward is about right.

 

I know not all cases are the same same but £2000 for 10months prognosis is this about right?

 

 

 

Valuing injuries is not an exact science. The JSB says the following in relation to neck injuries:

© Minor

Minor soft tissue and whiplash injuries and the like where symptoms are moderate:

(ii) with a full recovery between a few weeks and a year. £875 to £2,850

 

Only you can decide if you want to follow your solicitors advice. If you have been advised that the offer of £2,000 is baout right then you would be at risk in relation to costs by rejecting it and then not beating their offer.

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I've asked to settle. I asked my solicitors how long before I expect payment. I was told we should allow 6 weeks before I get paid.

 

Is this a reasonable time to wait for payment.

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I've asked to settle. I asked my solicitors how long before I expect payment. I was told we should allow 6 weeks before I get paid.

 

Is this a reasonable time to wait for payment.

 

 

I would say normally 2 weeks ish for the cheque to arrive. 6 weeks seems a little long but not much you can do about it...

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