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    • I think the existing system is that you declare the item and the value – and then they go on to sell you the insurance for it. It would be easy enough for them to make it clear that the insurance for glass objects related only to loss. They don't. In fact on our experience here, Hermes routinely tries to disclaim liability for insured items which are lost simply because they apparently prohibited. And of course, this is not a regulated insurance provided by a "firm". It's the courier's own little sideline. No doubt millions of items are successfully delivered every year. Millions of those are probably insured and the "premium" goes directly into the pocket of the courier has an additional little earner. I think that if they have accepted insurance for something that has been correctly declared, then they have effectively waived their rights to rely on the prohibited items list. 
    • Parents trying to put aside money for their children are in danger of seeing the value of their cash fall due to rising inflation.View the full article
    • That could be helpful – but I have to say that I would have been more comfortable getting an independent inspection first. Although it would be a very good idea to get the manufacturer installed at some point, it is highly likely that they will enter into an independent exchange of correspondence with Lord. You won't know what is being said or discussed and at the end of the day you can't be too certain where the interests of the manufacturer lay. If Lord are a frequent/regular customer of the manufacturer then the manufacturer may find that they have a bit of a dilemma because they won't want to lose a good business customer. I suppose that it is you who has put this enquiry in hand but I think that you have gotten ahead of yourself and it would be better to get at least one independent assessment first of all because then if you had decided to bring the manufacturer in, you would have a documented assessment to show to them and this would have put you in a stronger position. I'm afraid that by alerting the manufacturer before you are ready with all of your own authoritative assessments, you are ceding control. I hope it doesn't cause problems – but at the end of the day, all of these people are serving their own economic interests  
    • Insurance may be arranged to cover say fire, earthquake, theft, but not breakage when there is no other underlying cause for the loss.   So it is possible for Insurance to be valid with exclusions applying and for items to be excluded under Couriers t&c's.        
    • The first thing is that if you slow down a bit and read the Hermes stories on this forum, you would understand why you are completely wrong when you suggest that because the contract of carriage is between the sender and the courier, that you have no right to sue. You say that you are running your own business and so you have got things right, but if this has been your understanding while you have been running your own business – then Big Fail. On the other hand, I'm afraid that I disagree with the view of my site team colleague that you can sue the courier.   In most circumstances you certainly could – but this case, the items were made of glass. Glass is on the prohibited items list and they were broken. Often we find that couriers rely on the prohibited items list to disclaim liability even for glass items when they have been lost. In those cases, the fact that the item is made of glass is irrelevant and the courier is still liable. However, with the item is broken because it is glass – exactly the kind of risk which is foreseen in the prohibited items list – then I'm afraid that there is probably no claim. The courier service has made it clear that they won't be held liable for the consequences of the particular sensitivity of certain items – and the sender accepts that as part of the contract. What is interesting though is that you are suggesting that the item has been insured. Do you know this for a fact? I would venture to say that if the courier has accepted insurance money for an item which is on the prohibited items list, then I think that overrides the prohibited items list and on that basis I agree with my site team colleague that you can sue the courier. I'm afraid that your story is really not at all clear. I think we need to know the identity of the seller, the identity of the courier. Was insurance taken out? As the seller accessible in terms of knowing their name and address for the issue of a County Court claim? The value of the item is irrelevant and in fact if it is only £50 then I think that it is excellent that you are prepared to enforce your rights for such a small sum when many other people would simply write it off.   We can certainly help you but you need to answer my questions and set the story out in a proper chronological timeline and a bit less of the narrative please  
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yeah they have sent a letter saying the sum credited etc.

 

I have checked on moneyclaim online and it says the status of claim is defend, I have never received anything through the post saying they are going to defend - but the date they have put as defence is the date it was acknowledged - is this right???

Should I get a court date through soon - I'm scared!!

 

If I do a letter accepting this as partial payment do I send this to H.O address??:confused:

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Hi Lu1, exactly the same thing has happened to my sister as I have been doing all the online stuff for her. Nationwide were £200 short so I sent the letter accepting the offer but demanding the rest. Today they have put in a defence even though I only set the letter on Saturday. The defence has a date of 22nd December. I'll keep you posted on whatever information she receives. Don't worry, I think they are just trying to pull a fast one.

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Hi

Today I have received my 'Notice of defence that amount claimed has been paid' even though they haven't paid in full.

I have to tick a box wishing to proceed with the claim or not. I want the rest of MY money but worried now that this is going to get to court.

Is this letter standard practice???

When I send this back do I also send a letter to Nationwide accepting this as partial payment but saying I am continuing for the full amount??? Is there a template for this???

 

Any help greatly appreciated

x

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Thanks Garu

I think they are just trying to pull a fast one and scare me off - am a bit worried now but hey it will take more than this trick from Mr bacon to scare me off!

Is anyone else at this stage????

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  • 4 weeks later...

Hi guys

Well I rceieved my allocation questionnaire at weekend so it has to be submitted by the 20th Feb, bit annoying that I have to pay another £100 when I really can't afford but it will be worthwhile.

Am a bit scared at this stage and keep hoping that they will pay up quickly, but I am sure they are just trying to scare me off claiming back the extra £900 that is RIGHTFULLY mine!!!

Seeing as they have already paid up a large amount of the charges surely this shows that they are guilty???

 

Has anyone actually had to appear in court yet???

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I decided to give nationwide a call before filling in my allocation questionnaire to see why they had paid my claim short £900, I really didn't expect them to do anything but a really nice, helpful lady looked into my claim and came back saying they had made a mistake and not printred off 6 months worth of charges, so they would send me a cheque for the remainder of my claim!!!

I'll wait and see when it arrives and for how much the cheque is for before getting too excited but it was well worth a phone call!!

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Hi Lu1,

 

Don't forget that 'Talk is Cheap'!

Banks aren't exactly reknown for honouring their verbal assurances.

 

Be mindful of still filing your AQ within the deadline set by the Court!!!

 

 

Hopefully U won't need to...But here's hoping eh?!...:)

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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