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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Ring claim query


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Hi caggers t

he wife cut her finger end off which resulted in a visit to a&e where she was asked to take her ring off to have the finger dressed and subsequently lost the ring.

 

 

Been through the insurance and they are happy to replace due to loss.

I won the ring on an auction for considerably less than the ring is actually worth.

They have said they will come up with a figure in relation to what I paid and what the valuation was so a figure can be given so I can go and search for a new ring.

 

 

Should the insurance company not be giving me the valuation figure so I can get the same ring or equivalent or can they change the amount because I won the ring at auction?

 

 

The ring cost 560 but is valued at over 3000.

 

 

Thanks in advance I don't want to be taken for a ride and the wife wants the same ring.

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shouldn't matter a monkey's

 

for all your insurance co know

it could have been a gift from a relative

 

market value me thinks

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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Most likely market value - it's unlikely to be the value given on a valuation as these are always over-inflated.

 

You may find that if you want a cash settlement rather than them to replace then they will deduct a percentage to reflect the discount they get from their supplier (anywhere from 10-40%). This only applies if they can obtain something which is similar.

 

Out of interest, was the valuation from an independent jewellery valuer or was it done by the place you purchased the ring from?

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Most likely market value - it's unlikely to be the value given on a valuation as these are always over-inflated.

 

You may find that if you want a cash settlement rather than them to replace then they will deduct a percentage to reflect the discount they get from their supplier (anywhere from 10-40%). This only applies if they can obtain something which is similar.

 

Out of interest, was the valuation from an independent jewellery valuer or was it done by the place you purchased the ring from?

 

Agree. You will get the current value to replace the ring. Most likely the Insurers will put you in touch with their jewellery specialists who replace items lost. They will look at the description of the ring shown in the valuation and provide details of the rings they can supply which meet the description.

 

If you go for a cash settlement and try to replace at a local jewellers, because of the high mark ups they add, it would be difficult to replace with like for like.

We could do with some help from you.

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all rings etc need a valuation every year or so for Insurance purposed to use if a claim is needed

 

Most Insurers suggest a regular valuation or at least every 3 years. Jewellery can increase by much more than standard inflation.

 

The other thing to point out is that some valuations for Insurance purposes can be at an inflated amount already. Therefore a commonsense approach is advisable as you don't want to spend money when it is not necessary. Most standard items of jewellery can be obtained through Insurers jewellery wholesalers at a much cheaper amount than any high street jeweller. Make sure the valuation contains full information and take pictures.

We could do with some help from you.

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depends on the terms your insuer offered for high value items. Mine has several listed items and any other piece of jewellery has to be worth less than £2k so if I bought a ring for £560 and it was valued at £3k then there is an underinsurance of £1k so they will likely pay you £1-2k If I told then it was a ring that had an emerald of a certain size and surrounded by diamons of a certain size they can then find another on on the catalogue of their preferred chain supplier. The big jewellers only pay 25-50% of the retail price so insurance so doesnt pay out the full amount and you get like for like.

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  • 3 weeks later...

Hi there got an answer back from the insurers supplier saying a settlement figure of 500 quid.

You can imagine my surprise

 

 

I rang the insurer who said the supplier had contradictory notes on my record and that either the valuation was fake or the ring in the picture on the valuation was not the ring on the description.

 

 

This was left as an answerphone message,

the insurer did say he has queried the settlement figure with the investigation team today and that he'd get back to me.

 

 

My question is

are they just trying their luck with a lower settlement figure because they cannot replace the ring and if so is there any action I can take to get the valuation total?

 

 

I can post all the info I have on the claim up here if it helps, they have me raging and I've not dared tell the better half yet.

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What supplier ? The jeweller who sold you the ring originally or who last valued it ?

 

Do you have pictures of the ring being worn ?

 

They have to pay replacement value of the ring that was subject to loss, providing you evidence details of the ring that you owned. Insurers are careful with such claims, as you do get attempted fraudulent claims and a low offer might signal that they are unsure about the claim, possibly due to your suppliers records.

We could do with some help from you.

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Hi uncle Bulgaria

 

 

the supplier in question is the insurance companies not who I bought the ring from originally.

 

 

When we had a house visit from the insurance investigator

we showed pictures of the better half wearing the ring and we've proven purchase etc.

the investigator was more than happy with all the evidence we had supplied.

 

 

I'm at a loss as to what they are playing at,

I even pay extra on my insurance for items valued over 500 quid to which we have a few items.

 

 

I was going to get back on the phone to the insurance to get it sorted rapid before the wife starts asking questions,

I just wanted to know if anyone had went through the same thing with some success.

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I even pay extra on my insurance for items valued over 500 quid to which we have a few items
were you required by yr policy to list/value items over 500.

if so, was it applicable to jewellery and did you do it for the ring?

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If the ring was not specified, any claim would be subject to single article limit.

 

Previous replies were presuming the ring was a specified item with an Insurance sum capable of covering the value of the ring,

We could do with some help from you.

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Hi ford the ring was a specified item along with some diamond earrings rings, this experience has now made me wonder whether it's worth insuring other high value jewelry my better half has, it's just really frustrating when all you want is a replacement but they cannot do it.

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In November 2014 the ring was valued at 3150 by an independent valuation company to who I bought it off, I've looked online at the same size diamond, clarity etc and just for the stone itself you are looking at nearly 4000 pound not including being mounted on a gold band

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This is what is happening here. The Insurers are not happy with the evidence provided for the value of the ring and are restricting the payout to £500, which is presumably the single article limit.

 

As Ford says, if Insurers were sent a valuation at the time the ring was specified and they approved it, then they should be paying out current replacement value up to value specified.

 

All you can do with this claim is persevere and follow the Insurers complaints process. If necessary, you can escalate to the FOS or if your case is strong enough consider court route, but both represent a delay in settlement. If your evidence of value for the ring is clear, then you should be able to get your Insurers to settle the claim properly, wothout any further delay.

We could do with some help from you.

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  • 1 month later...

Hi caggers,

I'm still preserving with the Company that is acting on behalf of my insurance company.

 

 

I got the below email reply yesterday which I've read as to be pretty much a final settlement offer.

I have replied to say I would contact the seller again which I have I'm just waiting on a reply from him. I

've removed any identifying names etc from the email chain.

 

 

My questions are should I be contacting the seller when they have all the information I have?

And is this just another stalling tactic?

 

 

On my email reply I did state that I would await a response from the seller before proceeding further and I hinted on contacting the FOS once my complaint raised has ran out of time.

 

 

I would seem that the valuation I supplied originally isn't good enough as they'd asked for a secondary one which I don't have.

Reason being the valuation I was given was authentic and original.

 

 

I've also let the seller know that he is more than welcome to a copy of the insurance email as it reads he is effectively selling dodgy diamonds which I'm sure is slander toward him and the valuation company he uses.

 

 

If you need anything clarifying please ask as I'm just prepping FOS paperwork as the 8 week complaint time is nearly up.

 

 

The company has really got my back in just because I bagged an expensive ring at auction for a lot cheaper than it should have been. Thanks PM

 

START OF EMAIL CHAIN

 

Good Morning Name Removed

Thank you for your email.

Our Investigation team and suppliers were asking for a second valuation different to the one you originally supplied.

 

There are concerns that the valuation you have provided was not for the ring you had as the cost you paid for the ring is far less than that on the valuation document.

 

We believe the person/company you purchased the ring off had provided you with a far less costing ring than the ring specified on the valuation document.

 

Without any other supporting documents we can only offer a settlement for the cost you paid for the ring which would be £460 net of your policy excess.

 

A complaint has been raised and is currently with our Customer Relations Team, if you could provide further documents that shows evidence that the ring purchased was in fact the ring on the valuation please send this through.

 

Would it be possible to maybe contact the original seller who may be able to provide further documentation?

 

We note that the Ebay seller states that they sell treated and enhanced diamonds.

 

Please see below for the definition of Treated and Enhanced diamonds

 

“Advanced technology nowadays has enabled the jewelry industry to improve the visual appearance of lower grade diamonds by the process of laser drilling or fracture filling.

This practice is referred to as "clarity enhanced".

The cost of treated diamonds should be at least 50% less than a natural diamond.”

Kind Regards,

Name Removed

 

 

 

From:

Sent:

To:

Subject: Re:

 

Hi

 

I'm slightly concerned you ask for the valuation paperwork again, this was submitted to Insurance Company when I initially insured the ring.

 

 

Subsequently again as part of the evidence when I put the claimin it was also submitted and also when I had a house visit from one of your colleagues. I attach a photo of the valuation.

 

 

The valuation was completed by GIE Labs who have a website gielab.com, you can also input the reference number into the website to obtain a version.

 

Please let me know if you need anything else that has not already been submitted to Insurance Group Name Removed.

 

An update would be appreciated.

Thanks

Name Removed

Sent from my Samsung device

 

-------- Original message --------

From:

Date:

To:

Subject:

 

Good Afternoon Name Removed,

We are now in receipt of the further advices from our investigation team in relation to the above incident.

 

We understand from previous comments that you have previously had the watch valued, therefore can you please forward to ourselves a copy of the valuation in order that further consideration may be given to thie incident.

We await receipt of the requested documentation in due course.

 

Kind regards

Name Removed

 

Property Claims Technician

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They're just clutching at straws, they don't like it, it doesn't tick the boxes and can't be bothered to use some initiative, plain lazy.

 

I'd get back to them right now just telling them you are pleased they have passed it to their customer relations team, you'll wait for them to review the file and get back to you as the handler is clearly not capable. In the meantime, as requested here's the valuers details, please let me know what the outcome of your enquiries with them.

 

The bottom line is the onus is upon you to prove your claim, however upon proof (which you have supplied), if they have queries, they are the ones to make them not you.

 

Obviously if they come back and have spoken to the valuer and he states it was wrong, then it all changes.

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Is there any culpability on the part of the hospital regarding the loss of the ring?

It may be prudent to start an action against them and tell your insurers that you are doing so if they (hospital) are culpable.

 

In the meanwhile tell the los adjusters to show what evidence they have that the ring was a lesser item than the GIE certified one and in any case you want a like for like replacement rather than cash.

 

 

they are currently accusing you of being untruthful so make them put this down in words where it can be challenged.

the rest of waht they say is just verbal garbage designed to stall things.

 

 

Let them contact the seller if they wish to accuse them of "uttering" (passing off fakes etc) and see how far they get.

 

 

Inshort, give up trying to be nice and force them to reach a decision and then put it to proof of how they arrived at it.

 

 

If you do accept £500 then it will look like you were trying it on all along and that will go down on the insurance database.

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Who got the GIE lab valuation ? You or the Ebay seller ?

 

If it was the Ebay seller Is it possible that they obtained a valuation on one ring which was of good quality, but this is not the ring that was actually sent to you.

 

For some reason the Insurers are concerned that something odd has happened. Generally people would not sell a ring at below the actual cost they could obtain.

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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