Jump to content



  • Tweets

  • Posts

    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Supermarket -oap slipped on food - injury claim?


Please note that this topic has not had any new posts for the last 368 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

Elderly relative slipped on food produce on supermarket floor. Very bad fall.

Immediately other customers came to help and they called over a store assistant to assist.

This assistant then put up one of the yellow "danger slippery surface" signs.

 

Relative had the presence of mind to use telephone to photograph what slipped on and the injury.

After a while relative managed to get up/ drive home and then go to the doctor. Its a rural quite old-fashioned GP and they told relative to come back if injury gets worse :-( (ie they were very busy and kind of couldn't deal with this type of complaint)

 

1 month later the bruising has subsided but the injury is still bad; causing problems. A possible fracture? Needs an x-ray to verify.

 

In the meantime relative had been expecting a call from the local branch to check injury ok - but never received any call. So relative instead wrote to the head office of supermarket and complained. The head office replied quite swiftly advising relative to return to the local branch for compensation: which turned out to be a bunch of flowers and a cheque for a nominal (tiny) value.

 

Given relative is elderly and vulnerable I am of the opinion that the flowers/tiny cheque value is a 'fob off'. Lots of elderly would be very happy with such "gifts". But relative is still in pain and may even have a fracture (can update on this after hospital) so I am wondering if we should write and thank them for the flowers and the cheque - but we are considering making an injury claim against them.

Is this how it works? See how they reply to such a letter from relative? Or just go straight to a lawyer to handle this issue?

Link to post
Share on other sites
  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

What kind of expert is it? Orthopaedic knee specialist I presume.    Usually, there will be an interview and an examination. The interview will he where the expert gets the background of what h

It was indeed a very brief meeting.  As you mention - background details followed by a brief look and a prod He was independent - for both sides  

Which supermarket please?

Link to post
Share on other sites

I suggest that you get hold of a written report from the doctor and any follow-up medical evidence. Keep on seeing the doctors. Write to the supermarket and lay out exactly what happened, when it happened and the fact that they have not responded to you and so that you now wish formally to make a claim.

 

The only problem but this is working out the value. I suggest that you invite the insurer to carry out their own independent medical examination.

 

At the end it will depend on what you are prepared to do about it. They will try to put it into their insurer and it will take ages and there will be negotiation et cetera. If you wanted to happen more quickly then you would have to be prepared to bring a legal action in the County Court. Not difficult but your elderly relative would have to do be the person named and would have to go to court and maybe they don't feel up to it.

 

Whatever happens, you definitely to get your claim in formally to the supermarket and get a proper response from them.

 

Frankly if they don't respond within seven days then given the delay that they have already caused, I would then threaten legal action.

Link to post
Share on other sites

Thank you

I think compensation request depends firstly on the outcome of the x-ray.

I will help relative with this.

I guess in meantime I could ask the store to forward cctv and accident log to relative?

Link to post
Share on other sites

collin11 - yes you read that right!

 

This is fairly typical of rural GP's

- in this case the GP asked elderly relative if they thought they might have broken something!!

I mean seriously.

 

Most town GPs would send the patients straight off to hospital.

 

Plus elderly people don't like to make a fuss...

 

I suspect, having now seen the injury, that there is a hairline fracture.

 

So ok enough to walk on with pain but not enough pain to be an obvious break...

Link to post
Share on other sites

Elderly can be quite stubborn... But yes, that is the aim...

 

it is quite hard when someone says "I'm fine; I'm fine" and then you take a look and everything is very clearly not fine. Trying to gently hold their hand to do the correct things...

Link to post
Share on other sites

The important question here in terms of seeking compensation for injury :

has the supermarket breached its duty of care?.

 

So, if the “slippery produce” was dropped by a member of staff who then left it,

or someone had reported a hazard and the store staff had left it, knowing there was a hazard,

or even “supermarket put in the wrong flooring, leading to a known slip hazard that they don’t correct”

: breach of duty of care.

 

If, however,

the supermarket had records showing the aisles were regularly and frequently inspected for hazards,

and they claimed this showed that the produce must have been dropped almost immediately before the incident,

and they had done all that could be expected of a careful and responsible retailer

: no breach of duty of care, and no claim for negligence under the Occupiers Liability Act 1957.

Link to post
Share on other sites

As above

I think your elderly relative's health should be first and foremost

- if they think they've broken a bone they should really go to hospital.

 

As for making a claim for personal injury,

your claim should follow the pre-action protocol for low value pi claims (EL/PL)

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-low-value-personal-injury-employers-liability-and-public-liability-claims .

 

If you instruct solicitors they will complete an electronic Claim Notification Form (CNF) and submit directly to the supermarket's insurers.

 

If you go it alone you'll still have to start the claim by sending a hard copy CNF to the Defendant's head office, and follow the process in the pre-action protocol.

 

If you just issue proceedings (bear in mind liability could well be disputed) without following the protocol, proceed through the litigation process and end up with a win in Court, you run the risk that the Court could impose a sanction for failing to follow the protocol (and that could take the form of a reduction in damages). Not a certainty but a risk.

 

Even if you don't follow that, there is still the pre-action protocol for personal injury.

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic#3.1

 

If you submit a letter of claim to them,

they can issue a response and the protocol gives them 3 months to investigate liability and respond.

 

Notwithstanding the procedural aspects of making the claim,

the liability issues outlined by Bazza above still need addressing.

 

Sending a letter of claim should trigger them to investigate liability.

Investigating this as a litigant in person will require an investment of time and energy.

Link to post
Share on other sites

You would need to contact the store / Customer Services and ask for the CCTV to be retained and disclosed, so you would be able to see who created the hazard and how long it was there, however, what bazzaS is correct

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

Link to post
Share on other sites

If it was over a month ago it is extremely unlikely the cctv exists unless you have advised them to keep a copy. Cctv is almost always deleted or over written every 30 days.

 

 

So you need to be fast.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

According to relative it was vegetables that they slipped on.

Normally this vegetable would be packaged in a sealed plastic bag, pre-cut by the supermarket.

 

At some point a bag had been picked up, the bag broke and a couple of the contents spilled out.

 

No-one had picked up the spilled contents - neither customer nor sales staff And relative stepped on the veg and slipped.

 

I would suggest breach of duty of care.

The bag should not have split and someone should have picked up the spillage.

 

We would need to check time of accident against their cleaning logs

- but would they have specific records which show which aisle was cleaned at what time?

Edited by dx100uk
Spacing
Link to post
Share on other sites
  • 5 weeks later...

Update:

Persuaded relative to return to doctors / got a specialist referral / MRI booked / results this week. So far via NHS. Unsure of any future rehabilitation costs within or outside the NHS.

 

In meantime have written to supermarket and advised them, briefly, of the circumstances since the 'fall' - problems walking/ all doctor visits and scans etc. Just to keep them informed.

 

Have not yet suggested any form of litigation or personal injury claim - but I guess the mere fact have written to supermarket advising them of the circumstances does prepare them for a follow up pi claim??

 

Will update with the MRI results when get them

Link to post
Share on other sites
  • 1 month later...

update - yes, the MRI confirms there is a split menisci in the knee. No arthritis. Consensus that cause is by fall, not by age degeneration.

Still great pain even lying down. There was no pain or problems walking before the fall.

Just trying to decide what to do next...

Link to post
Share on other sites

Did you get the CCTV? Did you file an accident report with the store? Youll be hard pressed to win any claim if you dont get the proof

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Now all you can do is wait . You can always get a PIL onto it, but you need to make sure all your ducks are in a row.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
  • 2 weeks later...

little update:

Supermarket have acknowledged the potential injury claim; have passed it on to their insurance company.

The insurance company has then written saying they have a legal obligation to investigate and reply within 40 days.

Is there anything we need to do in the meantime?

Link to post
Share on other sites

Keep a detailed log – a daily log as to the progress of the injury and the difficulties/problems involved in care and treatment.

Link to post
Share on other sites
  • 1 month later...

update:

there's been a few pingpong letters.

 

The supermarket has passed the relative's details on to a claim handler.

 

And relative has since received a letter from DWP - the compensation recovery unit.

Relative has actually never written they are making a claim - but obviously the intent has been shown.

Apparently if supermarket thinks a claim is being made they have to - by law - ask the Govt DWP if the injured party has received any benefits from the Govt. If the case gets settled and payment made to relative, the insurance company then has to repay DWP any benefits that have been paid as a direct result of the injury.

 

Not quite sure of our next steps...

Obv Supermarket is treating this seriously; as a claim. So will put our heads together and try figure what is best to do.

Link to post
Share on other sites

The report to the DWP is the correct procedure, any appropriate recoverable benefits paid to your relative will be deducted from their damages and paid to the DWP directly. The notification to the DWP will also bring to light any NHS charges which the Defendant will have to pay if liable (eg charges for X-rays, scans etc)

 

Has your relative considered instructing a solicitor yet? There are steps which need to be followed in bringing this claim as set out in the Civil Procedure Rules.

Link to post
Share on other sites

No benefits have been requested/ paid (yet)....

 

No solicitor instructed. Was potentially going to handle for relative???

Intend to research the procedures...

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...