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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law. Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, altjough c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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BeansandCheese

Removal company insurance wont pay for missing/stolen items

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Hello,

 

We have just had our storage and removal insurance claim denied

I don't know what to do next.

If I get anything wrong I'm sorry as this is my first post.

 

Back in October we paid for a large national removal firm to come to our house,

pack and export wrap all of our things and then take them to be stored in their warehouse for six months as we were moving to Eastern Europe to start a business.

 

 

We took out their own removal and storage insurance covering us up to the value of £23,000 as we listed all of the items about £500 separately as per their instructions.

 

When the time came for us to have our things delivered, we employed a second removal company to collect our things from the warehouse and deliver them to us in Eastern Europe.

We also took them up on their insurance, for the same amounts as above.

 

When our things arrived, everything looked fine at first,

but as we started to unpack we saw that almost all of the boxes had been opened,

then resealed and new box numbers put on with the old ones taken off.

 

 

Some boxes even had two completely different numbers on, and the contents of the boxes was completely different to what was written on the packing inventory.

 

Most of the boxes were almost empty too,

but in was done in such a way that you wouldn't be able to tell until the box was open.

 

 

For example, one of the boxes said that it contained my evening dresses and formal wear, it was a big box, but all it contained was our old and very worn picnic rug

 

Our little fire safe had also been broken into, you can see where the lock has been forced and the contents are gone.

 

We went through everything and the missing items come to just under £15,000.

We informed both removal companies within four days of receiving our things.

 

 

The first company who had stored the things said to fill out the insurance forms and get the information to them as soon as we could.

 

The second company said that it was not their responsibility as everything had looked in good order when they collected it, but their broker sent us the claim forms and said to submit the claim anway.

 

We put the claim in for the first removal company as the second removal company would not have been able to open and reseal the boxes as they did not have the branded labels with the first companys logo and details.

 

The first removal firm said that they had sent our claim off to their brokers underwriters and that we would hear directly from them.

 

 

After five weeks of not hearing anything, and of the removal company ignoring my emails and not putting me through to anyone when I called,

 

 

I called the broker instead who said that they had never received our claim details.

They asked me to send them directly to them, which I did.

 

They have sent me an email saying that they are denying the claim as it is the other removal companys responsibility as the goods were in good condition when the collected them.

 

I'm not sure what to do,

it is soul destroying,

these were hugely sentimental items,

we are devastated.

 

 

Any help or advice would be very greatly appreciated thank you.

 

Sorry I should have added that we have now moved back to the UK as my mother became very ill and we didn't want to be far away.

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Have you taken photos of everything?

 

Who's the insurer?


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Yes we have, we even took videos of us opening the boxes after we started to realise how much had been opened and resealed, and we submitted them all with the claim. We also contacted the police in Eastern Europe and in the UK, but both forces said that it was the other polices problem. The insurer or broker is ICA.

 

Thank you for replying.

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Only just read this. Awful thing to happen. The mistake here i think is to have two different Insurances, so no continous cover from the point your possessions were collected, until they were delivered to an address in Eastern Europe. Each Insurers therefore will decline the claim on the basis they don't know when the loss was suffered and the Police in each country won't be helpful either.

 

In this situation i think you really need to get to the bottom of what happened with the safe keeping of the boxes containing your possessions. You need a full explanation from both removal companies of the whole journey, from when your possessions were collected until the point they were delivered. Given what you say about the boxes being carefully resealed, so it was difficult to detect the theft, i should imagine it was done at a time the items were in storage for the longest period. Ask the companies whether they have been advised of other thefts occurring. Ask the local Police force whether they have records of thefts being reported at the removers warehouse.

 

You are more likely to succeed with a legal claim against the removal companies, than on the Insurance and should seek legal advice. I would guess that the second removal company would be responsible, as they took responsibility for the possessions you had itemised. If they had any suspicion of boxes feeling light, then they should have asked you to attend the warehouse to check the boxes.


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