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    • Hi All,   Apologies for the Quality of the PDF.. I had to Compress the crap out of it as it's 50 pages.. but it's still readable.. these grabbed my attention:   Page 1 Claim @ £185.. Not sure if they are going to present the other claim for £220 on Page 49 as the "Paralegal" looks like he is running this Dog & Pony show and may send an Advocate Page 7 [18] Apparently I am naive Page 14 [47] The Paralegal may not be able to attend..  Page 40 [3] I made a cut & paste error here.. wrong company & wrong amount.. not much I can do about this..   I will  also include in my own WS Dave's suggestion on the Kangaroo Court & Jake's letters if found..   VCS Witness Statement 20-01-21_V1-Upload.pdfLet me know your thoughts,   Regards Tom  
    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
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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
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi All,

 

I need a bit of help with this as its quite complicated.

 

I took out a home insurence policy with Tesco on thier standard cover on the 17th Dec 2012. i added on £14,000 for unspecified items cover away from the home.

 

A month later i relised that i had made a mistake when reading the small print it stated that this was a total claim limit and wouldnt cover what i wanted. I rang Tesco and explained the situation. The advisor told me the best thing to do would be to cancel the current policy and start a new one where i could specify the item i wanted covered. She did this and changed the policy to thier 'Finest' as this was the only policy with a high enough limit.

 

Unfortunatley whilst i was on holiday i lost the said item (watch). I did all the right things like inform the police, inform the ferry operator and then submit the claim to the claims line.

 

I now have had a letter from AXA's technical underwriter stating that i didnt disclose the 4 previous claims( 2 x accidental damage, 1 x loss, 1 x theft) and had they had known they wouldnt have accepted the policy. They want an explantion as to why i didnt disclose this information and that they could void the policy from inception and remove all benefits.

 

Now the issue i have is, the first policy was cancelled. A brand new policy was set up by the Tesco advisor. As far as i am aware she did not ask any questions relating to prior claims. As far as i am concerned the material non-disclosure was inadvertent due to the error on the part of the advisor.

 

where do i stand in respect of the policy with AXA?

 

any help would be great.

 

Thanks

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Ask Tesco for a copy of the phone recording, by submitting an SAR. They should have asked the questions and failing to do so may mean that AXA have to consider the loss, caused by Tesco acting as their agent making the mistake. AXA may then say that you had the opportunity to correct the wrong information, as when the policy was sent to you, it included a statement/declaration confirming the information that was used to issue the policy. You should have realised about the non disclosure. Did you disclose the claims on the first Tesco policy that you had ?

 

Think you will have a fight on your hands and you may have to take this to the FOS. I am not standing in judgement on this, but if I were dealing with this claim/voidance issue at the Insurance company, I think I would repudiate the claim and void the policy. I did use to have this responsibility for a major Insurers and based on the info you have given, I would struggle to think that you had inadvertently not disclosed the claims. But I would check the first Tesco policy to see what was disclosed on that first.

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_non_disclosure_insurance.htm

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Were the four claims disclosed to Tesco's for the original policy?

 

What are your four claims for and roughly when were they?

 

Has a previous Insurer declined to offer renewal due to your claims?

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Hi,

 

The first policy was cancelled by Tesco as there was a problem with it and Tesco made a new policy over the phone. I pretty sure that the advisor didnt ask me about claims when setting it up. I didnt check the documents that came though on an email, i suppose wrongly due to having a lot going on at work and sorting the holiday out it slipped my mind.

 

The letter AXA have send me regarding the non disclosure relates (according to the policy number the letter) to the 1st policy with Tesco that was cancelled and prior to the the new one being set up.

 

Previous insurer for the claims was M&S. They didnt refuse renwel, only an increase in premium.

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How was the first policy taken out, and did you disclose the 4 claims when it was taken out (this has been asked several times but I'm not clear from your last post on the answer)?

 

If you did, you can argue that they knew about them and I suspect the FOS would uphold a complaint on that basis

 

If you didn't, I don't think you'll get anywhere - very few insurers would quote with 4 previous claims.

 

Make sure that for any replacement insurance you are declaring you have had a policy cancelled.

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