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    • BTW, the reply I got to an SAR shows they got my keeper details from DVLA via ZatDVLA and apparently their footage shows the vehicle being stationary for 38 seconds.   Time for sleep.   Thanks again.
    • Morning all,   the pdf in my previous post is an error. Could soemeone delete it please as I don't seem to be able to myself. Thank you.   Correct files are below. Had to be 2 as file size limit would be exceeded.   What a night, got myself in a right muddle switching between file formats to ensure security. To cap it all it's my birthday today.   Thank you in anticipation final multi.pdf Second two page file elms 1 and 2.pdf
    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
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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

Massive problems with Allianz car insurance

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Good evening everyone.


Nearly six months ago my Jaguar X-Type 03' has been involved in an accident with a HGV.

No one was present in my car at this time,

lorry was reversing and third party insurer accepted liability.

Seems like a fairly easy case.


I had a lot of bad experiences with insurance repairs as very often they do fairly good work with visual and cosmetic damages,

but when it comes to more advanced / mechanical repairs it becomes a struggle.



My insurer, Allianz, sent my car to the first garage who fixed rear driver's side wheel, mudguard and rear driver's side door.

I started complaning about quality of repairs pretty much straight away, so my insurer decided to send it to another garage.

Paint started coming off and door was fitted ridiculously bad.



Second garage, Jaguar approved fixed the door, paintwork is still due to be repaired by the first garage.



Same day I picked my car up from the first garage I noticed horrible juderring to my steering wheel.

With no word of a lie, when going 70mph it's like working with a pneumatic tool! Can supply a video.


I reported that to the insurance company, and now the problem begins that is still not resolved six months after the accident.

Car was taken to second garage (mentioned earlier) that is Jaguar approved,

they fixed the door but couldn't find a problem for juderring.



First garage said that juderring is caused by ABS sensor, and even though most garages like ATS, KwikFit or Helfords said it's definitely not true,

I replaced ABS sensor and when problem was still there I contacted Allianz to see what they say.

All they said is that in their opinion car is perfectly fine as their engineer says so!


As a European national I had to make a trip back home, to Poland to be precise, it's approximately 1800 miles in just a week.

Now we came back and juderring got even worse.



I decided to to go a random garage myself, pay 150 pound for stripping rear axle and see what the problem is.

What was revealed is a nightmare.



After stripping mechanic pointed out at bent break disc which was constantly holding vehicle, caliper is also damaged,

however it is now not known whether capiler has been damaged during impact or during all that time car was running on applied rear break.



There is also 1mm (apparently that's a lot!) space in gearbox adapter to rear axle that is also responsible for juderring.


To put this all together.

My insurer sent my car to two garages and none of those could be bothered to look properly at the car.

That is on it's own quite strange,



I rang three garages and just asked what should be done when car is hit in a wheel by a lorry,

answer was always the same, strip the axle and investigate if there's any physical damage to the axle or other components.


I was then allowed by my insurer to drive unroadworthy car for more than 1800 miles,

and all together since the accident I am pretty sure I covered more than 2000 miles constantly risking my life,

my family and other road users.



Each garage stated that this is definitely a life-threatning fault.



Disc and caliper due to this work could easily catch a fire, especially on a longer run.


Summing up all I wrote in this 'essay'. Can I sue my insurer for that?

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You can sue the insurer for your actual losses (e.g cost of repairs to the vehicle).


You cannot sue them for something which might have but didn't happen (it being a 'life threatening fault').


You will find it easier to make a complaint via the financial ombudsman who are free for you - the insurer will have a complaints process allowing you to do this but they need the chance to investigate first.

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That is what you need to do now, is enter into some complaint communications in writing with Allianz saying that you are now thinking of issuing a County Court claim against them, due to the continuing issues with the Car, which were not fixed after the accident claim.


But your problem now is that it is sometime after the event and you have done 2000 miles since. You can bet that Alliance will now say that the issues with the car have happened since the authorised garages last looked at the car. This could well affect whether you would win in court.


If you want to stand a chance of winning in court, then I think you would need to obtain an independent engineers report for the car. They would need to find that the problems with the car relate to the original accident. If they don't come to that conclusion, you would face a real struggle winning any claim against Allianz. Because the engineers report would cost you money, you could ask Allianz whether they could arrange and pay for an independent engineers inspection to check on the condition of the car, in regard to the accident damage and the repairs that were done.


The alternative to court, is to go down the Financial Ombudsman Service (FOS) route, who will take ages to look into your complaint and you would be faced with having to get an independent engineers assessment anyway.


Remember that if you go down the court route first, you cannot then use the FOS.

We could do with some help from you.



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