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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
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Davies Group - painfully slow home insurance claim


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Apologies if this appears more than once as I cannot seem to get the hang of finding the correct section to post to let alone having my post published, so if this appears as a duplicate, my apologies.

 

Hello

I have had an incredibly difficult time dealing with the insurance loss adjusters (Davies Group) for my claim. It has been a year now and relates to escape of water in my home.

 

My question is this; the adjuster required me to supply 3 quotes one of which had to be from their own approved builder. Their builder declined to quote, and I nonetheless supplied the 3 quotes to the adjuster. The Adjuster eventually got back insisting that their own builder supply a quote. We asked them again and this time they did supply a quote. Since the adjuster already saw my builders quotes how can we be sure that there wasn't any collusion between adjuster and their own builders with regard to their bid.

Secondly, since the adjuster will only take the lowest bid, what is the point of me getting quotes from my builders when an insurance builder will always come up with the lowest quote.

 

Thank you

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The Insurers will obviously ensure that they get the works done as cheap as possible. But at the end of the day the work has to be done, so that the house is put back to the way it was prior to the claim event.

 

If Davies groups own contractor does come up with a cheaper quote, ask for a copy of the quote confirming the scope of the works they will be doing and what materials will be used. Then compare this with the other quotes obtained. What csn sometimes happen is that the Insurers contractor will try to get away with using cheaper materials, which are not of the same quality, as those that were damaged. This is obviously wrong and the only difference should be the labour rate. If the Insurers contractor is willing to work for a cheaper rate, then it is your choice whether you trust them or you pay the difference to use the contractor of your choice.

 

There have been similar complaints on here before about Davies group. If you are not happy being messed around, you should make a formal complaint to the Insurers you have the policy with.

We could do with some help from you.

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Pleased to see you found the right spot :)

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Insurance contractors will almost always work to a 'schedule of rates' - this is a preagreed figure for a specific element of work, regardless of the actual job.

 

As an example, they might pay a fixed cost of £400 per room to dry a property out, including hire of dehumidifers, collection, readings visits etc, whilst your contractor may charge £75/week for the hire, and another £50 per monitoring visit - for a quick job, clearly the local contractor will be cheaper but for a long drawn out job, their insurance contractor will be cheaper. For removing and refitting a kitchen unit, they might pay £112.74 regardless of if it's awkward to remove.

 

On some jobs, the insurance contractor will be cheaper, on others, a local contractor will be cheaper. Ultimately, if the insurance contractor is willing to undercut your own quotes (and has seen them), it makes no difference. That is the price that they can get the work carried out for.

 

As UncleBulgaria has said, they should be able to supply an uncosted scope of works for you to ensure they are quoting for the same thing. There are certainly benefits of using an insurance contractor - you have the protection of the final ombudsman should anything go wrong later on, for start.

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A schedule of works was drawn up by my surveyor and this was given to all the builders that quoted including the insurance company builder.

 

How about the fact that the adjuster saw the bids from my builders before the his builders actually provided a quote. Would there not have been some collusion between the two parties thus ensuring that the insurance builder quote was the lowest? Can I go somewhere with this?

 

The Insurers will obviously ensure that they get the works done as cheap as possible. But at the end of the day the work has to be done, so that the house is put back to the way it was prior to the claim event.

 

If Davies groups own contractor does come up with a cheaper quote, ask for a copy of the quote confirming the scope of the works they will be doing and what materials will be used. Then compare this with the other quotes obtained. What csn sometimes happen is that the Insurers contractor will try to get away with using cheaper materials, which are not of the same quality, as those that were damaged. This is obviously wrong and the only difference should be the labour rate. If the Insurers contractor is willing to work for a cheaper rate, then it is your choice whether you trust them or you pay the difference to use the contractor of your choice.

 

There have been similar complaints on here before about Davies group. If you are not happy being messed around, you should make a formal complaint to the Insurers you have the policy with.

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How about the fact that the adjuster saw the bids from my builders before the his builders actually provided a quote. Would there not have been some collusion between the two parties thus ensuring that the insurance builder quote was the lowest? Can I go somewhere with this?

 

No... you could go back to your builder and say the insurance company will do it for £x - will you reduce your price to match? which is no different.

 

Edit: my number one tip to speed up a claim with a loss adjuster is to politely hassle the insurer (not the loss adjuster) frequently. If you're waiting for a callback, ring the insurer daily until you get it - and if they tell you to speak to the loss adjuster, say you've tried that and it's not working. They should be taking ultimate responsibility.

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No... you could go back to your builder and say the insurance company will do it for £x - will you reduce your price to match? which is no different.

 

Edit: my number one tip to speed up a claim with a loss adjuster is to politely hassle the insurer (not the loss adjuster) frequently. If you're waiting for a callback, ring the insurer daily until you get it - and if they tell you to speak to the loss adjuster, say you've tried that and it's not working. They should be taking ultimate responsibility.

 

That is really the best advice. Hassle your Insurance company and you are quite likely to achieve an outcome you are happy with.

We could do with some help from you.

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Thank you so much for all your replies they are very helpful indeed.

 

It seems from reading in this forum that the quality of work by insurance builders is questionable. Is there anything I can do to verify the quality of the work of this particular insurance builder. I would never dream of using a builder for this major re-instatement work without checking references. What rights do I have with regard to assessing the insurance builder's competency?

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Hi far20

 

Could you confirm you are in the UK?

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:thumb:

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thank you so much for all your replies they are very helpful indeed.

 

It seems from reading in this forum that the quality of work by insurance builders is questionable. Is there anything I can do to verify the quality of the work of this particular insurance builder. I would never dream of using a builder for this major re-instatement work without checking references. What rights do I have with regard to assessing the insurance builder's competency?

 

You have full rights against your Insurers to make sure the work is done properly. If the contractor failed, the Insurers would have to pay the relevant sum to get the work done to the right standard.

 

You could ask for the contractors full details and make your own checks. I doubt the Davies group would supply references from satisfied customers unless they were available already.

 

It is your house and you can do what you want, but the budget for the works is the cheapest quote obtained. A member of my family had a large water damage claim, they wanted their own contractors, so they obtained cash payments from the Insurers to pay for materials and to pay contractors. If your Insurers agree to similar, it would be your responsibility and you have no comeback on Insurers if works went wrong.

We could do with some help from you.

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  • 1 month later...

Hi, new to this site as I'm trying to help my mum and her 9 month battle with Saga and Davies loss adjusters. Is there anybody still on here for advice please . Thank you Stephanie:)was reading posts from 2012 re having the right to ask your insurers for a new loss adjust company? :)

Any advice greatly appreciated

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Hi steffijo

 

Could you please start you own thread rather than ask on someone elses thread.

 

This way you will get the help required to assist you in your issue.

 

If unsure how to start a new thread See Below.

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  • 2 months later...

I am also suffering at the hands of Davies Group after four and a half months. They workers employed nice guys to a man but don't let em in the house. Today i have been told by the loss adjuster, "you just want to compalin about everything." Damn right i do when the catalogue of errors never ends, the work is sub standard, and everyone promises the earth but in actual fact does next to nothing. How they maintain business is worrying, cheap labour, cheap materials, and no customer service.

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