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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Non fault accident, total disaster - Hastings Direct


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Through no fault of my own a lorry drove into me on a roundabout tearing off half my back bumper, the asssesor came round and stated that considering the age of my peugeot 206 it would most likely be irrepairable, yet i know the only thing wrong with the car is the damage caused by the accident as have spent time and money making it a decent car. I was shocked when ringing up hastings to hear that when the report from the assessor does come back and if it is deemed a right off i will be offered money for the value of my car but not be allowed the car back? In no writing in the policy does it say this, i also asked if id be allowed the money for repairs from the market value-scrap value (cash in lieu) and was told this was also not an option! What is the point in insurance when the only money i can get is by letting them take my car away or voiding the claim totally, recovering my car and paying for my own repairs even though the accident was entirely not my fault!

James

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Yes that is what they try to do these days. Write off older cars, even if you could get a cheaper repair done. They just don,t want the hassle of the repairs, as once a garage start to do the work, they may find other work that needs doing and the claim could exceed the write off value, once they have taken into account the salvage value.

 

You would have to prove that you could get a cheaper repair done, than it would cost Hastings to deal with the write off. If the car is drive able, see if you can get it looked at by a local garage on a ramp to see what work needs doing. Then you can judge the situation.

 

Unless you make the case for a cheaper repair you can sort out, then Hastings may want to proceed with the write off.

 

You could get a garage estimate of the repair and negotiate a settlement with lorry insurers. You may find this easier than dealing with Hastings, as third party Insurers may be keen on achieving a cheaper settlement for them, than what Hastings might ask them for.

We could do with some help from you.

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Thanks Joe have emailed you the details, as stated am waiting to hear on many things at the moment but after ringing up customer services and being told that if it is a write i will have to void the claim to keep my car / find my own garage that fixes the car for less than 60% the value, i wasnt too impressed. I will wait to hear if it is considered a write off before heading down to local garages and checking the costs they want to fix my car. If i do get another estimate from another garage do i just ring back up the customer service term with the amount they stated unclebulgaria67 ?

James

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Hastings will want estimate in writing stating what needs to be done and the cost.

 

If I were you I would get a garage to have a look before Hastings decide it is a write off. As I have said the third parties insurers are another option open to you if they are willing to deal with you directly.

 

Do some research into what other people have experienced and quite a lot say they have found it easier in this situation to be proactive. E.g estimate from own garage, see if third party insurers would be interested in dealing directly, obtain as much info on the cars market value as you can, just in case it is definitely a write off.

 

You can check the market value in guides such as glass.co.uk, also look in auto trader, local free ads. Obtain as much info as possible, as insurers will try with a low offer, which you can reject and look to negotiate.

We could do with some help from you.

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Well just heard they have deemed it a right off and have said the market value is £677 not sure how it can be a write off when you can buy a new bumper for £40 odd and im pretty sure i could fit it myself. I will try and get to a garage asap, have been busy today but am wondering how some people managed to keep their vehicle and get the money left over from the valuation after its scrap value? As that is what would best suit me

James

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Whats best is, its been deemed a cat c? Thankfully it wasnt taken away as ive been driving it and its totally fine? The damage is all totally cosmetic, my rear bumper was split basically. Is there anything i need to do? Or is it still road legal, as ive read humdreds of forums that say the mot is still valid yet a VIC will be placed on my car yet i still have the V5 document? All in all its been a total disaster, clearly its only worth claiming if you have a high valued car as otherwise you get into huge horrible ruts that you dont know how to get over...

Insurance companies dont care about repairing your car they just want to find the cheapest way out as possible and in this case they have as all they've done is cause me misery

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Whats best is, its been deemed a cat c? Thankfully it wasnt taken away as ive been driving it and its totally fine? The damage is all totally cosmetic, my rear bumper was split basically. Is there anything i need to do? Or is it still road legal, as ive read humdreds of forums that say the mot is still valid yet a VIC will be placed on my car yet i still have the V5 document? All in all its been a total disaster, clearly its only worth claiming if you have a high valued car as otherwise you get into huge horrible ruts that you dont know how to get over...

Insurance companies dont care about repairing your car they just want to find the cheapest way out as possible and in this case they have as all they've done is cause me misery

 

It is easier than you think to resolve. Get the car looked at to see what damage there is. If it is only a bumper, if you get it repaired.replaced, then it would not cost much. On an old car, I repaired a split bumper and drove it around for years. If you need to replace, you can source a replacement from a scrap yard quite cheaply. If you want an easier route, get an estimate from a local garage and see whether the third parties insurers will pay. If it less than the write off value, then they may be happy to do so.

 

Hastings won't register write off, if you are keeping the car to sort out a minor repair yourself. Remember that under a comp policy with the excess for damage to own car which you have to claim back from the third parties insurers, it is a hassle for your insurers to deal with a small claim as minor damage often means a write off. This is because garages will charge them quite a lot more than a repair you might be able to arrange.

We could do with some help from you.

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It seems a little unclear to me who you are dealing with James. HD? or Albany on HD's behalf?

 

From the other folks experiences with no fault accidents under HD (managed by Albany) reported here and elsewhere, it would seem it *might* be worth your contacting the other parties insurance directly and considering dropping Hastings/Albany out of the picture as much as possible if the contact goes well.

 

I know that you are probably like me and think that when you pay for fully comp insurance you shouldn't have to deal with this sort of crap, but it would seem with HD a personal approach to the other insurer should be considered.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Toby

 

Because Insurers have outsourced claims services to reduce costs, it is not as easy in some situations to make a claim, as it was in the past. You really have to make a few phone calls to find out the best way forward. As you agree, sometimes dealing directly with an at fault third parties Insurers can be easiest, if they are willing to deal direct.

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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Toby

 

Because Insurers have outsourced claims services to reduce costs, it is not as easy in some situations to make a claim, as it was in the past. You really have to make a few phone calls to find out the best way forward. As you agree, sometimes dealing directly with an at fault third parties Insurers can be easiest, if they are willing to deal direct.

 

As I am starting to realise. :(

If it wasn't for the fact that fully comp is only a few quid more than third party for me I wouldn't bother with what i have seen happen here.

 

Mind you, the one claim I have had in the last 20 years was a major disappointment.

It got AA insurance added to my very short 'never use these bar-stewards again' list.

Its likely I was living in blissful ignorance of what would really happen. A sucker to the sales spiels.

:(((

 

Mind you if I had had more accidents, the list would likely be longer it would seem.

 

add addendum

unclebulgaria67

Is there a list of companies who do 'do it the old way' internally without selling you to companies like Albany who reportedly mainly muck you about to increase the costs and profit?

Edited by tobyjugg2
added a bit

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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