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By Titchytitch · Posted
Yes sorry my head is all over although that name would suit better 😉 -
By BankFodder · Posted
You mean the FOS – and yes, send it to their main offices -
By Titchytitch · Posted
Thank you sooo much would I send the SAR form to Avivas registered address and to the FOB's ? -
Seems a bit fast...made application on the 17 and granted by the court same day and DQs sent out same day. Possibly the hearing was the 17th doubt it was the date of their application ? The claimant is allowed to make application to lift a stay pursuant to CPR rule 15.11(2)...but only.... Whether the claimant had an adequate explanation for the delay; Whether the claimant’s claim has (at least) a real prospects of success; The defendant’s behavior, and including his engagement with the court process, and whether any delay was caused by the defendant’s actions; The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted; Whether any attempts were made by the claimant, within the 6 months, to ‘revive’ the claim. You have not been served a copy of the application....you have not been afforded the opportunity to oppose their application. Very strange Andy -
By BankFodder · Posted
Tell you now where I think this is going. You are going to decline the ombudsman decision. We will send them a letter outlining your objections – although all they will do would be to put it on file. We would then investigate the possibility of suing Aviva under ICOBS and you will need to start reading that an understanding it if we are going to go ahead. Basically the idea is that as an insurance company they have a statutory duty to treat you fairly and I think we have a very reasonable case to suggest that they are not treating you fairly. I would propose suing them for a modest amount – simply to get into court and to force them to disclose any documents which they haven't disclosed under an SAR but also to start deciding whether they are going to accept that yes maybe they got it wrong, or whether they think they are going to defend it. You will have to decide whether you are prepared to take a small claim on this basis and I can assure you that if they decide to defend it, it will get quite exciting because they will fight tooth and nail because a judgement for this kind of statutory breach of duty is a serious matter for them. I think before we launched into litigation, we would try to open up the issue with them again but this time on the issue of domestic abuse – which is what I think should have happened first of all. They might say that it's already done and dusted. We might then try to move it up to the ombudsman – but the ombudsman might also say that this is an issue which has been done and dusted and cannot be revisited. In that case, we would have to decide whether or not to litigate. If you did litigate and they put their hands up, then as a condition of withdrawing the action we would require them to undo all this damage that they've done to your credit files et cetera. If they decided to defend then you would have to decide whether or not to go to a hearing and to try to get a judge to award you judgement and a modest compensation on the basis that the insurer had treated you unfairly. That's the general idea. Of course things can change very quickly – but that's the theory, anyway.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
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