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    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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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

Ageas and Tesco allow thier insured to cause a accident and then try and deny liability for damage**SETTLED**


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I bought a salvage vehicle earlier this year.

 

 

Repaired it.

 

 

It was a cat.

 

 

Then later on the car was reversed into by a tesco insured driver.

My vehicle was taken away to the body shop while i had a courtesy vehicle.

 

 

Two weeks later i was told that as my vehicle had been involved in a previous accident

and the damage had not been fully repaired.

 

 

My insurance company offerred me £100 as salvage and told me the vehicle would be a cat c.

 

 

I asked for the engineers report which stated that the damage was similar to the damage the vehicle had sustained in a previous accident

and that the vehicles value was £1000 plus the mileage quoted was incorrect as the car had only done 68000.

 

 

The engineers reoprt stated that the milage was 83000.

 

 

I told my own insurance company about this and they said chase tesco who will be able to handle this claim .

 

 

I then contacted tesco who have sent me from pillar to post.

I.e Wanting proof of repair,

Where the repair happened,

How much i paid etc.

Where the parts came from etc.

 

 

I got a letter of the garage who repaired it.

 

 

over the 3 months i have been given the run around.

 

 

Something i found out earlier this week.

 

 

My vehicle has had a cat c marker placed on it by my own insurance company who will not remove it

until tesco place their own category marker on it.

 

 

MY company is ageas and the policy underwriters for the third party are ? youve guessed it Ageas.

 

 

Tesco came back with a offer of £290 after their own engineer came out to inspect.

 

 

Then after waiting for 2 weeks for this payment to arrive which i was going to reject.

 

 

i phoned up only to be told that i claimed major damage to my car where as there was minor damage to it.

 

 

So now it is being further investigated.

 

 

What do i do ?

So whats cooking today ?

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I don't think there is a corporation anywhere in the world that attempts to squirm and wriggle out of there responsibility whilst charging an arm and a leg, as the insurance industry.

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I think what has happened is that Tesco do not want to pay out on this as they are trying their best to wriggle out. Using the reason that the car has been involved in a previous accident.

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I think what has happened is that Tesco do not want to pay out on this as they are trying their best to wriggle out. Using the reason that the car has been involved in a previous accident.

 

Suggest sending your Insurers a complaint letter giving them one last opportunity to settle the claim for the value the car is worth (give them a value) or to issue their final response, so you can immediately ask the FOS to investigate.

 

If you did not know of the car being registered as a write off previously with DVLA and the nature of the repairs, then I am not sure the FOS would see the claim in the same way as the Insurers. Have a search on the FOS about claims involving previous write offs.

We could do with some help from you.

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Have just recieved a copy of tesco's own engineers report and the contact details for them are as follows :

 

Tesco Bank Insurance

Ageas house

Hampshire Corporate Park

Templers way

Eastliegh

Hampshire

SO53 3YA

 

Also the report is headed Tesco Underwriting fax The details for them are :

The square , Gloucester Buisness park, Gloucester, Gloucestershire, GL3 4AD

 

But when i have gone onto Ageas insurances own page i get the following details (bearing in mind my insurance company is Ageas)

 

Ageas Insurance

 

 

Eastleigh (Head office)

 

Ageas Insurance Limited

Ageas House

Hampshire Corporate Park

Templars Way

Eastleigh

SO53 3YA

 

Gloucester

 

Ageas Insurance Limited (Commercial Operations)

Ageas House

The Square

Gloucester Business Park

Brockworth

Gloucester

GL3 4FA

 

This means that tesco is being under written by ageas but for legal purposes they are trying to distance themselves from one another.

Edited by letsmakeamark
Spelling

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Tesco is just the brand name, but they keep an eye on what their customers are experiencing.

 

Ageas basically just do all the work on behalf of Tesco, underwriting the policies, dealing with claims, issuing documents.

 

I notice that you knew the car was a repaired write off. so I am not sure what your complaint is, other than you don't agree on the cars value. You just need to negotiate with Ageas and if still not happy take it to the FOS.

We could do with some help from you.

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The car was repaired by myself. Both insurance companies are denying this. Claiming there is no new damage and all damage is from previous accident.

 

You would have to decide whether it was worth paying to get your own independent engineers report. You might need this, if you wanted to pursue this further and you would have a problem if your own engineer agreed with the previous assessment.

 

Do you have a legal cover under the Car Insurance that can assist you ?

 

If it is not worth getting another assessment and you have no way of pursuing this without costing you, then you might just have to give up. Even if you issued a court claim against the other driver, you don't currently have helpful information regarding the cost of the damage they caused.

We could do with some help from you.

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I contacted ageas and told them i wanted to make a official complaint regarding the handling of my claim and also would be taking this further. The lady i spoke to was very sympathetic and explained to me word on word what or why the claim was being refused. Again word for word i was asked for the same proof that i had the car repaired. Again word for word i was phoned by ageas who said this had now been passed to their engineers and i should recieve a call from them early next week. I should give them the benefit of the doubt. If nothing changes then will implement a complaints procedure again and go down the fos route.

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Have just recieved a copy of tesco's own engineers report and the contact details for them are as follows :

 

Tesco Bank Insurance

Ageas house

Hampshire Corporate Park

Templers way

Eastliegh

Hampshire

SO53 3YA

 

Also the report is headed Tesco Underwriting fax The details for them are :

The square , Gloucester Buisness park, Gloucester, Gloucestershire, GL3 4AD

 

But when i have gone onto Ageas insurances own page i get the following details (bearing in mind my insurance company is Ageas)

 

Ageas Insurance

 

 

Eastleigh (Head office)

 

Ageas Insurance Limited

Ageas House

Hampshire Corporate Park

Templars Way

Eastleigh

SO53 3YA

 

Gloucester

 

Ageas Insurance Limited (Commercial Operations)

Ageas House

The Square

Gloucester Business Park

Brockworth

Gloucester

GL3 4FA

 

This means that tesco is being under written by ageas but for legal purposes they are trying to distance themselves from one another.

 

Tesco Underwriting is a joint venture with Tesco and Ageas (not just ageas underwriting for Tesco). They share office space but have seperate staff, computer systems, management and systems. They also have different claims philosophies and processes in place.

 

I'm sure they could help more! But it's not as simple as then just underwriting for Tesco.

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Just spoke to someone who has confirmed that engineers are not changing thier decision. The only options i have is to either complain and then chase this through the small claims court or goto the fos. However The fos route could take ages where as the court would be quicker. Any ideas ?

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FOS is always ideal first - they are much more sympathetic to consumers and decide based on fairness rather than legality. They are also free!

 

If you go down the FOS route and don't succeed, you can then take it to the courts. If you go down the court route and don't succeed, you can't then take it to the FOS.

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Just spoke to someone who has confirmed that engineers are not changing thier decision. The only options i have is to either complain and then chase this through the small claims court or goto the fos. However The fos route could take ages where as the court would be quicker. Any ideas ?

 

What is the value of the potential claim you are seeking to make ?

 

Agree the FOS is the best route first.

 

Whichever way you go, you will need another independent engineers report or a garage confirming in writing that they repaired the car. What have you got to prove the car was repaired and that the new damage is as a result of the recent accident ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I have got a letter from the garage who state the car was fully repaired by them. Which was passed onto the insurance company. Claim value £2450 - £1500

Edited by letsmakeamark
spelling

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I have got a letter from the garage who state the car was fully repaired by them. Which was passed onto the insurance company. Claim value £2450 - £1500

 

Well you could issue a letter before action threatening to issue a court claim, saying that they have had the garage confirm that the car was repaired and the damage was as a result of the latest accident. Say that you don't want to have to issue the court claim, but they are leaving you with no choice. Give them 21 days to stump up the claim money or to start a negotiated settlement with you.

 

If you want to go to court and win, you will probably need another independent engineers assessment confirming that the garage did the work. If you don't get this, you might well find that you will have difficulty winning in a court or the FOS.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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After i wrote the earlier comment someone from ageas phoned up and asked why i wanted to make a complaint and why

I was talking of court. The person then said that she will look into this as the damage regardless is the other sides problem and she the phoned a while later to confirm that the claim is being reviewed and she will get back to me in the next 2-3 days and would ratharsort out than goto court over it.

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Right finally had that call from ageas this afternoon and was offered £900 cash in lieu and was told that the cat c marker would be removed and I could treat the car as if no accident had happened. The amount they offered covers thee original purchase price at least and gives me some where to start. They also said payment would be made direct to my bank account in 2-5 working days. Sorted. Thankyou for your help in this.

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  • 2 weeks later...

That sounds like a good deal - glad you got it sorted.

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

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hey well done!!

 

 

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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Thankyou everybody. I have also been told by ageas that this amount is only what they think. I still have the right to persue tesco for the amounts or value in dispute. This just removes the cat c marker and closes this off on my insurances side.

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