Jump to content


  • Tweets

  • Posts

    • AXA have no obligation to explain anything to you about their policy cover because you are a third party and have no contractual relationship with them.  Your claim is against the gardener. If AXA's policy had insured the gardener then AXA, for practical reasons, would have dealt with you direct.   But for whatever reason they have decided that their policy will not insure the gardener against your claim. In which case AXA are correct that you will need to pursue the gardener directly for the damage to your property and he will have to pay it from his own pocket. If he disagrees then you would have to start a small claims court action and a judge would decide if the gardener was liable.   It's normal for insurers to ask for details of the damge you are claiming for before they decide whether it's covered by their policy. This hasn't disadvantaged you because you will need that information to make a claim directly against the gardener.   It's not correct that you would get new for old if AXA had agreed to pay the claim. As a third party claimant you'd get the same whether AXA paid it or the gardener pays direct - the used value.
    • I don't understand why you think you should be entitled to claim new for old from 1/3 party insurer. On the basis that we are talking about negligence, you would only be entitled to be put back into the position that you would have been had the negligent act not occurred. This means that you would be entitled to obtain the replacement value of the damaged items. What kind of items are we talking about here? What kind of value are we talking about here
    • Online companies will be responsible for stopping fraudulent user-generated content on their platforms, under new legislation View the full article
    • Look at a Credit file default as a punishment, after 6 years you've served your time and it's over.    In fact even if you had a couple of defaults 3 years ago on your file, it still wouldn't be a problem. Which is why there is something else at play here.  As for the differences between brokers, when I went for my mortgage I had 2 different one's trying to get me the same product. One rang me back apologising , telling me that I wasn't eligible, the other one got me the mortgage.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

Glugg V Hsbc and ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5308 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone

 

This is my first post on here and it its a major thanks to everyone who has posted the templates for the refund of bank charges. I have used these and have now got my settlement for the full amount requested from HSBC:x

 

The help you get from the site is invaluable in reclaiming your cash and kicking the banks ass:grin: .I will be passing on the details to everyone I know so they can also claim.

 

Once my money is received I will be sending a donation.

 

Once again many many many thanks!!!!!!!!!!!!!!!!!!

Link to post
Share on other sites

CONGRATULATIONS

First post but one we all like to see.Please fill out the survey.

Maybe you could also say briefly what the couse of action was ??

I have moved your thread to the appropriate section:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I sent my lba and the back wrote back asking for a full breakdown which I sent 2 weeks ago, I have got the name and address of someone in the service delivery team, the 14 days have since passed do you think I should phone or just go throug mcol? I started this back in August and it is still goin on!!! help please I'm getting depsperate as the claim is for almost £4000, can you also give any tips on mcol?

Link to post
Share on other sites
I sent my lba and the back wrote back asking for a full breakdown which I sent 2 weeks ago, I have got the name and address of someone in the service delivery team, the 14 days have since passed do you think I should phone or just go throug mcol? I started this back in August and it is still goin on!!! help please I'm getting depsperate as the claim is for almost £4000, can you also give any tips on mcol?

 

Because the 14 days have passed, and you started this in August... I would file the MCOL because they seem to respond better to this.. but then I'm new to the site and am only saying what I would do!

Link to post
Share on other sites
I sent my lba and the back wrote back asking for a full breakdown which I sent 2 weeks ago, I have got the name and address of someone in the service delivery team, the 14 days have since passed do you think I should phone or just go throug mcol? I started this back in August and it is still goin on!!! help please I'm getting depsperate as the claim is for almost £4000, can you also give any tips on mcol?

 

what is mcol ?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...