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By HolyTrinity · Posted
@BankFodder Please see the Particulars of Claim - Defendant EVRi Parcelnet Limited Capitol House 1 Capitol Close Morley Leeds LS27 0WH Re-Packlink and Evri delivery: H0xxxxxxxxxx The above delivery sent on 14th April 2022 has been declared as lost and I request to be reimbursed of the full value sold via eBay for the reasons below: 1. The insurance scheme was not a valid excuse to only offer a £25 compensation given the evidence of the courier's negligence. 2. I do not wish to pursue Packlink who is registered in Spain, I would like to pursue EVRi directly accordingly to the Contracts (Rights of Third Parties) Act 1999. 3. There was no reason given on why the parcel was lost and no attempt was made to recover the item that the customer was made aware of. -
Back in Dec 2021 near new year, my car slid down a little snow, and just touched the other car within a hair width leaving some light scuff marks, he told his insurance but said it was nothing and he would deal, the person even messaged me to confirm and I still have the text. It was literally some light scrapes.. My insurance co even said at the time all is fine and they have moved on. I got an email saying they can not renew my claim, I was dumbfounded as I had done nothing wrong. I then looked at the policy end notice and it said" NCD: 0 They have said "the claim is notification only, however we have to wait 6 months to make sure no 3rd party comes in" - This is madness, I have proof that the "3rd party" is not "going in"... What am I meant to do here now? Just not drive for 6 months or start my NCD all over again and lose 3 years worth of savings? Or can I still use my NCD bonus despite them robbing me of it??? Just more proof the the insurance industry is unregulated and run by mobsters!!!! this world is screwed!!!
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I think you may be over complicating your statement...the crux of the argument raised by the claimant is the cause of action /default date and whether their claim was made on time. This is a very grey area with recent judgements determining that the cause of action starts from the the date of default notice + 14 days. I'm not sure whether DX has any source legislation that the deferment date is the cause of action but if so that really needs to be ironed out in a short statement in response. Andy. .
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Here is a draft statement for you to consider/amend and file with the court and claimant. Attach any files as evidence as required. In the County Court at Torquay.pdf
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