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By honeybee13 · Posted
They're working for me this morning. Have you tried again, detemindator? Sometimes problems can resolve themselves overnight or with a bit of time. -
By Woodys Wonders · Posted
Your Insurance Company will have a copy even if your Broker cannot find one -
By unclebulgaria67 · Posted
Insurance companies are required to keep copies of policy wordings they have issued for at least 6 years beyond when the last related policy was in force. It is a requirement of FCA to have robust administration systems in place to ensure they can underwrite the risks they have accepted. If they don't keep copies of wordings, they might not be able to satisfy FCA that they have sufficient resources to administer and settle any claims they received. Agree with @Manxman in exile that you will have to prove fraud which is difficult as the deceased may have thought the watch was genuine. Also surely your business should have been more diligent in checking the watch. I would find it difficult to believe Insurers would cover mistakes made by jewellers in accepting fake watches. There was opportunity to have taken the watch to a Rolex specialist before the original trade was done and given the value of these, this would be a reasonable requirement of Insurers to expect a business to have done. Don't think I would take the Insurers to Court without a lot more thought about this. If you cannot find policy wording and the Insurers cannot provide it, may be the option is to ask for your premiums back (providing no other claims made) as the Insurers cannot prove they have been providing Insurance. -
stop paying them. they would have to return to court to do anything about getting more money out of you. and then we can challenge and expose the whole scam that has gone on here. i would suspect as like most adams cards of that era, it was changed to a credit card by Creation finance and you never agreed to that by signing a new agreement. that means the whole thing is void and unenforceable. please don't be scared of a DCA or their pet solicitors. there is really nothing they can do to you. a DCA is not a BAILIFF and have ZERO legal powers on ANY debt - no matter what it's type. NEVER EVER ring a dca or their dogs again, simply state writing only and put the phone down. since the judgement have you moved? -
Hi dx and thank you so much for replying:) Original debt was an Adams store card we were paying for years way back at least 10 years ago we fell into financial difficulties we asked to pay creations lower payments they agreed then a year later doubled the interest. We stopped paying and went to the FCA my partner then received court papers through the door, I can not remember the year but this was quite a few years ago. we believed the court case would not go ahead as we were contesting the balance -it still went to court and the balance doubled. As we were going through quite a bit of stress at the time we just filled out the paperwork and were then sent the paperwork for the CCJ judgement of £30 pr mth we have never missed a payment Is it best to not overpay and just stick to £30?
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Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422-
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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