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    • Yep, should have made sure all were defaulted, sucked up the bad credit for 6 years (which I had anyway) .
    • I've just tried to apply for a mortgage and noticed vodafone have dropped a default on my account on my final bill by mistake. WTH. Stress like you would not believe. Anyone else had their credit report ruined by Vodafone.. And advice? 😢
    • Hi. Thanks very much for taking the time to read and respond to this post. I was a CAG member many years ago under a different username and I think it was you that helped me then, with a few DCAs. Thankfully, with help from this forum, that's all behind me now. Anyway, as far as this issue is concerned; the only reason that I contacted the manufacturer is because they just would not deal with me at all unless I did so, so even though I knew they were in the wrong (and I told them so many times, quoting CRA2015) I just thought that it might make it easier if the manufacturer would put it in writing that there is a fault. To be honest, at the start of all of this I assumed that Currys were still the excellent retailer that I was used to and have been using since I can remember. I don't really know when they started, but I am pretty sure that I have been buying from them since the 80s (a walkman I think - showing my age there!) although I hadn't done so more recently. I honestly thought that when the manufacturer confirmed that there was a fault Currys would do the right thing. I am shocked at how terrible they have become. I have attached my LBA. I downloaded the template for this from the Which website. It's slightly different to the last time I used an LBA, against a car dealer. There's a bit in there about Paypal. Unfortunately I used Paypal, in hindsight I wish I had used a credit card because I could probably then use section 75 (another thing I learned from CAG a few years ago).  Again, I didn't foresee any problem with Currys because of my history with them. lba currys.docx
    • once your debts were defaulted , paying or not or paid or not the defaults are there for 6yrs. you've been had blind..     which toward going to stepchange was the biggest mistake you made.
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    • 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
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      • 33 replies

fraudster trying to claim personal injury


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I had an accident at a VERY slow speed (about 5mph) in my local petrol station.

 

I was reversing into a petrol pump place, and a black taxi drove forward into me.

 

No damage to either vehicle, but the cab driver is claiming personal injury.

This smells to me, and I think he's a fraudster.

 

my insurance co say it's my fault

- I would argue it's 50/50 as he should have seen my reversing lights and stopped moving forward.

 

I exchanged numbers with the driver he only told me it wasn't his cab, but he was a friend of the owner of it.

He gave me his name, but i didn't get ID from him.

 

How do I know the person who's claiming is the actuial person who drove into me?

Maybe this guy wasn't insured to drive the car?

 

Also,

I noticed the back bumper of the taxi was hanging down,

and was secured by a seat belt tied round it.

 

Don't taxis have to conform to strict legal obligations as to the state of the cab

- was this cab roadworthy in this condition?

 

I've asked my insurance for a copy of the driving license photo of the claimant to make sure it's the same guy, but they have refused to provide it.

 

Any advice?

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Ask the garage for a copy of the CCTV covering footage of your car, as a data protection subject access request.

 

The person driving the cab may not have been Insured to drive the friends cab. This is because normally a taxi cab would have specifc taxi insurance and I am not sure how this friend would have obtained insurance to drive it.

 

Yes taxi's have to comply with normal conditions about road worthiness.

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" No damage to either vehicle, but the cab driver is claiming personal injury."

 

What have you received with regards his claim ?

 

 

Andy

We could do with some help from you.

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It's become so easy to claim for personal injury that I'm surprised I haven't yet heard about a claim following a car door being open against another parked car.

 

Unfortunately for you if the claim the insurance will most likely pay out and you'll end up being ripped off even more for the next 5 years.

 

Having the bumper already damaged might have been a good reason not to stop and let you finish reversing:

look at this fool reversing in my direction!

I need a new bumper, so here we go, let me claim whiplash as well as I'm here.

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UK insurance system for you unfortunately, probably one of the biggest scams going right now is car insurance.

 

If insurers aren't using rubbish bodyshops charging 3 times more for insurance jobs, or seeking £160 per day car hire on a rubbish hire car, they're engaging ambulance chasers to try to pursue you for injuries that never occured.

 

The whole system is a disgrace to be honest.

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King I once defended a PI claim from a wing mirror being knocked off lol.

 

For the OP - The guy’s whiplash claim will be what £2k. Defending the claim on causation grounds in the fast track is expensive. By the time it hits trial If you lose you’ll be on the hook for about £5k in Damages and Costs. You’d be looking at around £5k to defend the claim to trial, so that’s around £10k in the hole if you lose. And even if you win you won’t gst that £5k back from the Claimant.

 

Unless the Judge finds the claimant fundamentally dishonest but that’s a ridiculously high hurdle to overcome.

 

Makes more economic sense to give him the £2k. Our insurance premiums would be considerably higher if insurers fought every low value PI claim.

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King I once defended a PI claim from a wing mirror being knocked off lol.

 

For the OP - The guy’s whiplash claim will be what £2k. Defending the claim on causation grounds in the fast track is expensive. By the time it hits trial If you lose you’ll be on the hook for about £5k in Damages and Costs. You’d be looking at around £5k to defend the claim to trial, so that’s around £10k in the hole if you lose. And even if you win you won’t gst that £5k back from the Claimant.

 

Unless the Judge finds the claimant fundamentally dishonest but that’s a ridiculously high hurdle to overcome.

 

Makes more economic sense to give him the £2k. Our insurance premiums would be considerably higher if insurers fought every low value PI claim.

 

And now with this info everyone off to submit a claim 🤨🤨🤨

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And now with this info everyone off to submit a claim

 

It’s no secret though. Yet official figures showed that the number of whiplash claims made has been falling year on year

 

https://www.lawgazette.co.uk/news/compensation-culture-stats-reveal-claims-numbers-in-freefall/5065804.article

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