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    • How much of the documentation have you seen from when probate was obtained? And do you have a copy of the original will? I can't remember. My thought about you making the decision on your own to go with another lawyer is that three of you are meant to be beneficiaries of this will trust, aren't you? Normally you would need to act together. HB
    • Octopus allows you to pay by variable Direct Debit, so you pay only for what you use but still benefit from DD pricing. That's what I've done ever we were SOLRed over to them in July 2022.
    • Hi guys, I am about to file my defence via email as cannot log in to the claim anymore.  Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in?  Thanks!  The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.  1.  The Defendant is the recorded keeper of vehicle xxxx xxx.  2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.  3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.   4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.  5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.   6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Getting onto the ladder: The first-time buyer conundrumView the full article
    • Ooops - one to many also s..... my draft reply should read as:  Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands, and if P2G wish to avoid the addition of court costs and interest to my claim, you may wish to respond positively before that date.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Just over two months ago my wife and I got back from holiday to discover our kitchen was flooded as the result of a burst pipe situated behind the plasterboard located in the area of the sink unit.

 

I notified the insurer, Esure, who promptly sent out a company called Building Validation Solutions (BVS) to assess my claim. The guy from BVS acknowledged the claim and agreed we were entitled to a settlement. During the site visit I was told that he would draw up a scope of works and then authorise a cheque by way of settlement, and that he'd phone through the amount of the payment that evening.

 

The damage was quite extensive and required the installation of dehumidifiers, replacement chipboard flooring throughout the kitchen & utility, replacement base level kitchen units (for our bespoke kitchen) and new vinyl flooring that had been fitted less than one year ago. Also included in the scope of works were replacement architraves and skirting boards, and a contribution towards the cost of redecoration. The guy from BVS said that they leave the customer to find their own contractors, preferring to put the insured in a position to get the work done quickly by making a speedy settlement.

 

I got a phone call from the BVS assessor at approximately 7.30 pm that same evening with an offer of £1700, minus the policy excess for water damage of £350, a net amount of £1350! The vinyl flooring we'd installed less than a year prior to the claim cost £500 alone.

 

The BVS claims assessor further said that he'd instruct a cheque to be issued the very next day. I then remonstrated that the settlement figure seemed awfully low, but was assured that the figures were properly costed and a breakdown of the scope of works he'd drawn up would be available on BVS’s website for my inspection.

 

Having spent a sleepless night wondering how on earth I’d get the work done on the payment I’d been offered, I phoned the BVS chap the following morning and told him to hold fire on a settlement; I was going to conduct my own research.

 

To cut a very long story short, I decided to appoint a Chartered Loss Adjuster to work on my behalf and paid for a RICS survey, the cost of which would be reimbursed IF BVS’s scope of works was found wanting.

 

Following several meetings between my loss adjuster and then another claims company appointed by the insurer, I had a telephone call today informing that Esure had agreed to settle the claim at a figure in excess of £10,000.

 

My learning points from this experience:

 

Do not take it for granted that the insurer will appoint an impartial loss assessor

 

Do not accept a first offer of cash settlement

 

Appoint your own Chartered Loss Adjustor if you think your claim will likely run into thousands of pounds

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Did exactly the same to me. Then sent their "flooring specialist" who confirmed the Wood to him trade was more than the settlement never mind labour. Swapped insurance provider and let them know why.

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That is a heck of a difference. Well done you for not accepting the first decision.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks citizenb, and well done gregs07.

 

When I got the scope of works from BVS, the breakdown of items weren't costed. I asked BVS why this was so, to which they replied that the pricings were "commercially sensitive". Subsequently, I formally complained to Esure, demanding that I get a breakdown so that I could see how this figure had been calculated. Again, I met the same brick-wall answer.

 

That's when I'd had enough and decided to appoint my loss adjustor and have the RICS survey completed. Their so called "commercially sensitive" rates must be miles off actual replacement costs.

 

Fortunately I haven't had to take this to the FOS, but I would've done so, and from looking on the FOS website it appears that most of the rulings regarding insurance claims are in favour of the claimant.

 

At best the practices I've witnessed by Esure and BVS are sharp; at worst, the word charlatans springs to mind.

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I wonder whether a Subject Access Request would have provided you with the information they were unwilling to give ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Don't thinks so citizenB. My understanding is that a subject access request relates to personal data held by an organisation on an individual (Data Protection Act 1998 I think?)

 

But, I don't feel it's right that they can hide their sums behind something as convenient as "commercially sensitive data". I wonder what the FOS would say in the event of a claim?

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Don't thinks so citizenB. My understanding is that a subject access request relates to personal data held by an organisation on an individual (Data Protection Act 1998 I think?)

 

But, I don't feel it's right that they can hide their sums behind something as convenient as "commercially sensitive data". I wonder what the FOS would say in the event of a claim?

 

What I think they must do, is purely work from a guide based on bottom values for the different aspects. It is not based on your specific situation in terms of the quality of the materials and exact labour hours needed. It is a cheap way of dealing with claims, that tries to offer the lowest they think they can get away with.

 

Not a very good practice, as I should imagine they get a lot of complaints and customers having their own assessments done. In the end Esure would have to pay the cost of putting their policyholder back in the same position as they were pre the claim event.

 

I wonder whether the FCA would be interested in receiving details for their files, so they can look into this, the next time there is any review. The FCA does not look into individual complaints, but they may be interested in cases like this.

We could do with some help from you.

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Hi ub67

 

If I thought I could spare someone else the aggravation I've had during this process by contacting the FCA, I would willingly do so. In my professional life I have experience of the FCA and, unfortunately, I very much doubt they would add any value on this one.

 

What I will likely do once the claim is settled is draw my experience to Esure's CEO, with the suggestion that I may seek media coverage of my claim. I have a feeling this would likely resonate and possibly get them to review their relationships with companies like BVS.

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  • 2 weeks later...

Update:

 

My claim has been agreed in excess of £10,000 and an additional disturbance allowance (and refund of the RICS survey I paid for) puts the total claim in excess of £11,500.

 

My Loss Adjuster is so appalled at the actions of BVS they are considering taking the case to the FCA. Apparently, they have other cases where BVS have caused claimants considerable distress. Let's hope this bunch of clowns get their just desserts!

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L

Update:

 

My claim has been agreed in excess of £10,000 and an additional disturbance allowance (and refund of the RICS survey I paid for) puts the total claim in excess of £11,500.

 

My Loss Adjuster is so appalled at the actions of BVS they are considering taking the case to the FCA. Apparently, they have other cases where BVS have caused claimants considerable distress. Let's hope this bunch of clowns get their just desserts!

 

The FCA need to deal with this, as it against the FCA handbook rules that Esure must go by.

We could do with some help from you.

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  • 3 years later...

We suffered water leak in ground floor toilet it had been going on for some time, we thought it was exterior brickwork problem [treated] ,untill early morning visit to toilet found me standing on a wet floor ,pipework was concealed behind paneling and tiles, water had gone across floor under floor covering damage going through to rooms either side ,bvs appointed by legal and general made a visit used various devices for dimensions and damp ,he came up with a building repair cost far below what i expected, i refused as i had no quotes at that time ,later that day i received e mail giving me 14days to accept offer .

how do i now proceed

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thread is 3 yrs old

better to start a new thread

 

you wont get seen here

 

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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