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    • apologies if I'm being dense, doesn't that open me up to the risk of a backdoor ccj? They still have my parents address for me. (I *may* come back to the UK someday!)
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    • I understand that the item was correctly declared but the value was under declared. When you enter into any kind of contract, there has to be in agreement as to exactly what is being exchange for what. You agree to pay a certain amount of money for the delivery. They agreed in return for that to carry out the delivery safely – but they also agreed to shoulder a certain level of risk based on your own valuation. This means that the value that you gave for the chair is what they reasonably expected to be the extent of their risk in the event that the item was lost or damaged – or stolen. I'm afraid that by undervaluing it, our view is that you would be unlikely to recover anything more. There is never any advantage in declaring and undervalue. It effectively gives a gift to the service provider because when something goes wrong then that becomes the extend their liability. If you want to try and sue for the proper value then we will be happy to help you but I don't rate your chances. If you want to sue for the undervalue then I think your chances are extremely high. The item was lost – it wasn't damaged. Even if it was damaged, there was no particular suggestion that not being flat packed in some way contributed to the risk of damage but certainly it is impossible to conceive how being flat packed or not flat packed would affect the risk of the chair been lost. In fact in my view, because the item was a large item one would imagine that it would be more difficult to lose it. If you want to continue with this claim either for the full value of the undervalue then we will be happy to support you. Please make sure you've done the reading. I can tell that you've done some reading but I'm afraid the fact that you don't appear to have appreciated the consequence of an undervaluation suggest to me that you haven't read very thoroughly. I think it is important to make sure that you understand the principles of claiming for failed parcel deliveries completely. It will put you in control. It will give you confidence. There is no downside. Do the reading. Post a draft documents here so we can check before you send them off.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Motor trade insurance cancelled under LTD company. Declare?


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Hi everyone.

We've had a motor trade policy for 5 years now. 10 days before renewal this year, the insurer flagged up 4 vehicles we've had for a while, and wanted proof of ownership and V5s.

I neglected to send these when requested. Over the next few days, they started sending me emails regarding renewal, and that the policy will auto renew.

The policy autorenewed, but I know they always want proof of trading (ie. recent invoices) and driving licences. I could see emails coming through, that we had X days to send these documents.

 

In all this, I understood that the deadline for the documents for the renewal was 5pm on the 25th May. I sent the proofs of trading and driving licences, and said in my email "Here are the documents for renewal", and asked to confirm some details about cover. The lady answered my email, but didn't mention those previous proofs of OWNERSHIP of the other vehicles. I assumed those were for the past policy (same insurer).

 

I carried on as normal, awaiting the insurance certificate. It never came, and the following Thursday 31st May (almost a week later) I called them at 4pm to chase it up. I was then informed that insurance had been cancelled due to not providing those proofs of ownership. I'd never gotten so much as a courtesy email informing me of this, and had been driving uninsured for a week.

 

They said if I sent them, they would see about insuring me again. As it was late, they called me the following day (1st June) to say they could cover me, but that since it's a new month, the premium is now £450 more. They wouldn't budge. AND I now have a cancelled policy in my history, bumping up my premiums.

 

Now my question is, all the policies so far were under our Ltd company which is being closed down. Obviously on the schedule of fact it was "Mr X and Miss X (XXX Ltd)" and the account payer for the insurance (on their docs) is "XXX Ltd". We are no longer trading under that Ltd company, we are now a partnership.

 

So when we're asked have you ever had a policy cancelled, what do we say? Legally, if I say no, since the cancelled policy was under a Ltd company, am I covered? Thank you.

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Your individual identity and your corporate identity are distinct. So my view is that if you had policies in your corporate name/identity, then these have no bearing on policies which you may take out as private individuals.

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Being a director of a limited company your in control.

The ltd company had a policy cancelled because of your actions. Your responsible.

That's why policy's say this in the small print and on the policy holder information.

Mr and Mrs x ( company name ltd)

So yes, you must declare you have had a policy cancelled otherwise you run the risk of having another one cancelled.

 

All that being said if you had said in the first place that It was cancelled because you had neglected tosend some information that was required AND you did have it ( your not fobbing them off) it would of been no biggie.

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Your individual identity and your corporate identity are distinct. So my view is that if you had policies in your corporate name/identity, then these have no bearing on policies which you may take out as private individuals.

 

 

Directorship responsibility's.

Its under company law.

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sgtbush, yesterday I spent the day on the phone to insurers, and even with explaining what happened, some insurers won't touch us.

 

 

I cant really say I blame them.

You might be better to use a specialist broker.

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