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    • I was not aware of the non compensated list until after the event.   when you book it only shows the prohibited list which is about safety.   the non compensated list is right at the bottom of the page.   they took my additional payment for “insurance”  so cannot refuse to pay out unless its prohibited.   They should perhaps put a drop down box, to select an item type, and if its on the non compensated list then not allow the option to pay for additional “insurance” and warn the users it has no compensation for loss or damage.   They would loose a lot of business and the extra money they make if all goes to plan.   Will do, i might just have to accept the insurance value and put the rest down to experience. Thank you for the advice i will review threads and familiarise myself with what to do.
    • Thanks. As for their prohibited items list – in respect of items which are lost, it's completely irrelevant and unenforceable. However, the view we take is that if you declare a particular value and they undertake to carry your goods at that value then that is all you can recover. If you want to try and go for higher value then we are happy to help you but I don't fancy your chances but it would be interesting. Please spend the next few hours reading around the Hermes sub- forum and understanding the process about challenging Hermes, issuing a letter of claim and then issuing court papers. Understand also the process of bringing a small claim in the County Court. When you think that you know your way around then come back here and will help you on the next step. Once again, you're welcome to try and claim for the higher figure – but I think is most unlikely that you would succeed and in fact whereas most claims seem to go to mediation and get settled there, I suspect that if you claim for a higher amount that they would try their luck in court. However, you seem to be saying that so far in respect of your claim Hermes have been making positive noises and that they may pay you out on the basis of the insurance cover.  
    • the issuance of a Default notice was some +3yrs after the last acknowledgement through a deferral letter to the original creditor.   i thought a debt buyer could not issue a default notice? thus change the cause of action under the PRA DN ruling Win~ it was not retrospective appeal win?   i believe we've countered these late DN's before along the lines of:   alternative whereby claimant intimates SB date=defaulted date and that has been registered months/years after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.    2.The date last payment/acknowledgement made was the dd/mm/yyyy     3.The Default Notice was issued dd/mm/yyyy and served several months/years after the initial breach thus the cause of action delayed by X months + years and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.    5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   @andyorch your thoughts?
    • Formal claim has been made, I have been told it is covered, as its parts not a complete instrument. Its not prohibited, musical instruments are on their non compensated list.   my argument is i estimated the value of the drum shells as you would not normally know the value of them unless buying that part.   The replacement parts quote is £450. So yes i did under estimate the parts value.   I would hope they might consider that.   hope this make sense.  
    • So the debt is not statute barred as the claim was made even within the limitation of the Sept 2013 deferral regardless of the date of the default notice. There is no defence to the claim as far as I can see.
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Hastings Direct/Smartmiles


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hi I am writing on here because I am at my wits end. Hastings have done nothing but pass me from pillar to post, the have even told me lies ,which can be proved as they have told me they record all phone calls, unless that is yet another lie, this will be my second post today ,my first was to watchdog, hopefully someone can help me sort this out,i will also be looking to see where else I can post my experience.my son had a head on collision on the 6 sept it is now 21 sept,I will not mention any names etc,only the relevant information, the liability is still under dispute, however the accident investigator is confident we can prove my son was 100 % not at fault, any way the car was classed a total loss within a week, so the nationwide courtesy car was taken back, but was replaced with a car from Albany assistance which he is still using. This is a bit muddled up sorry, Hastings were on the verge of accepting 50/50 until I explained the photographs in detail, also my son has the black box fitted which records data, speed braking etc. etc,so after some digging around and numerous phone calls the decided to send the investigater.he is the only person we have spoken to that is interested in getting the truth.in the mean time Hastings say they will take my sons excess of 640 plus any remainder premiums on the policy from the cheque, that will leave him with around 50 to buy another car, but its ok according to Hastings because his insurance wlll be paid up to renewal date, no good when you haven't got a car to insure. so top and bottom of it ,you are only insured until you have a total loss then its your future premiums that are insured, so Hastings get my sons excessively high excess and his remainder premiums totalling around 2240 all in. then they will be able to claim all that back from the third party, so its a win win situation for them, they basically get paid twice if you have a total loss, even if you're not at fault. oh also forgot to mention we received a letter increasing his premiums by 200 a month, when I checked this they said his mileage had increased from 5000 to 10,000 for the year ,he has only been driving 3 months and the smart miles policy allows you up to 15,000 per year. I disputed this they told me it was an error and the premium was ok and would remain the same, that was a fri ,I then actually got a phone call Mon saying they had made a mistake and the underwriters needed to see the last 2 mot certificates to prove mileage even though he's only had the car as long as his license 3 months, I argued the case then emailed them the mots, eventually the amended it again back to the original premiums. I did ask who the underwriters were as I was so angry they lied to me ,I was told by 1 person that Hastings are the underwriters (I have taken their names as well) the when I asked someone else on a separate phone call I was told it was advantage ,so another lie or really poor customer service either way totally unacceptable. There is more to write and I have more paperwork that is utterly disgracefull,i want to warn every one about their customer service ,hopefully watchdog will be in touch with me to help me sort this out, like I said there is a lot more im just so tired of being lied to and mislead, my phone bills are horrendous,gonna have to leave it at that its making me angry the whole mess, its not even my sons fault ,he is not part of their statistics young drivers, his smart box has recorded him ads an excellent driver..........

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please use the edit post icon in the bottom grey toolbar below your above post

 

to add blank lines and sentences.

 

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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Hi Dazegan1, Thank you for taking the time to post in such detail about the problems you and your son have been having during this claim. We would like to investigate this matter further for you and hopefully get this all resolved, can you please contact us directly and provide your policy details? help@hastingsdirect.com Many Thanks, Jamie

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Strictly speaking the excess is an uninsured loss. Its your son's contribution to the cost of the claim so its your son that will get this back if deemed not at fault. Some insurers waive it as a courtesy (usually in cases where liability is clear cut) but they won't do it on a disputed case.

 

The Nationwide courtesy car was provided by the garage (Nationwide) as a courtesy for the duration of the repairs. As the car is a total loss, it won't be getting repaired and therefore won't be staying at Nationwide, which is why they took their car back. The car from Albany Assistance is being provided to your son on a credit hire basis. Again strictly speaking your son is liable for the cost of the hire car (he will have signed an agreement saying that), but Albany will attempt to recover those costs from the other side.

 

Without seeing the insurance contract it seems the terms are that it is an annual policy, which is being paid off on a monthly basis, which is probably why they have deducted the remaining insurance from the settlement.

 

Going back to the claim, is liability as certain as you think it is? What actually happened in the accident?

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Reading between the lines (well into the single paragraph anyway), the car was fitted with a black box sensor. Getting confirmation that it was functioning correctly should be your first port of call.

 

Following that, copies of the results of the data that was recorded at the time, along with any independent witnesses.

 

Does the other side dispute what occurred or is it simply the insurance company taking liberties ?

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  • 1 year later...

A new thread will be started for Nicolah and a link left back here.

 

Link for Nicolah

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447955-Help-with-Hastings-Direct-Smartmiles

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  • 9 months later...
  • 3 months later...

avoid avoid avoid

 

Horrific experience ,Only wish I had read the reviews before I paid my money.WORST AVAILABLE BLACK BOX POLICY EVER . CHOOSE A DIFFERENT COMPANY

This policy made my nerves bad , Made my daughter feel like she was on tag. Ruined the whole pleasure of being 18 enjoying the summer holidays with a new car. policy says no curfew however be out a minute past 10pm and you are penalised . constantly terrified that they will cancel your policy therefore making it impossible to ever get insured again Had to cancel the policy within 2 weeks and lose over £250 as box was fitted and go elsewhere . Choose direct line or churchill they only review the box data at end of policy no emails or cancellation threats . Smartmiles is not worth the stress of feeling like a criminal.

This is the WORST AVAILABLE BLACK BOX POLICY EVER . CHOOSE A DIFFERENT COMPANY ALSO WORST COMPANY FOR KEEPING YOU ON HOLD 40MINUTES

I am sure they make money from these calls they are not free 10p a minute 3 calls £12

I hope this review helps someone not lose and waste their money like I have

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