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By Gemma19194 · Posted
Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021 at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) . The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21. Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' . I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!. The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response. Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do . I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible. After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay. And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case? As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges. Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt? Thank you Gemma -
Hi, Well over a year ago, I moved from one area of the UK to another. Where I was moving from ,I had TalkTalk fibre broadband, was happy with them and had no issues. A week or two before I left, I started planning the whole internet and phone move, called up TalkTalk and found out they weren't able to suplly the fibre where I was moving to. They could only infact offer a minimal ADSL connection. I said that I would probably cancel it, but I would look into it. Later on the very same day, I foudn out only Virgin and another company had services at the prperty so TalkTalk were out. It called, cancelled propty and left it at that. I eft the new address as a forwarding address for the final bills etc... too. Months later, a DCA is on my case for the tune of £190 something. I coined them on 1st August, left on 10thish of November. There was an outstanding about £25ish. I've spoken to thecomplaints department, they were't budging, I've tried the execs and they were the ones that passed it to a DCA, which is about to go nuclear. Anyway, how it stands now... Officialy soeaking, if they want to knit-pick, the connection came with a £100 welcome gift card for someone who stayed at least 3 months, which I did..., they werent able to supply the connection, were told to cancel, and planned otherwise. They STILL dont ahve dirisdicton over this buiding so they wouldnt be able to suplly the services. Now BWLegal claim that theyve repeatedly tried to get ahold of me (lies) about this bill and now they're planning to go legal on 13th March. They literally sent me a letter with a realistic 1 week notice period on it, but officialy they;ve bacdated it by a month. SO I'm left in a predicament. I dont want to phone them as I like everyting in writing, because of corona things will be late, so they've literally tried to shaft me here for acontrac thtat doesnt exist. The letter they snt me is literaly a "Letter of Claim" with some Citizens advice page attached, income and expenditure forms etc... I refuse to fill ti in as as far as I know, this is resolved, or at the wosrst there's a small sum outstanding. Or I could be really brutal and be clear and say they owe me 60-80 for the gift card, but I dont really care about that. I've literally jstu found a good job after a long horrible period and it feels like they're using the upcoming "freedom" as a reason to start their antics. All they ask for to stop the legal action is a "reason" ut it appears they''ve gota 3rd hand account that's been sold around as it's in some name like JC International now? Shoud I: 1) Ignore them and contact TT directly? I've got the executive email address so usually get a swift response. 2) Treat it as any other hot air DCA's blow out ? No proof has been given o far, no copies of paperwork, so it's just "pay now, this much" letter. 3) Make an example of this and let it do to court, explain to the courts what's going on and let them deal with the issue? What concerns me is their underhanded tactics.... Anyway, any help would help... Cheers, Ade -
By BankFodder · Posted
No it is not the right direction to go. Read the stories in this sub forum and then check back here for a fuller reply tomorrow -
Its fine, it just so happened that they're happy wit h me paying it off at a realistic level. I think that he landlady went little too far, but things have been smoothed over. Thanks for the help.
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Thanks for the respond. Long story short, the reason I am pursuing Packlink because I am a seller on Ebay. The courier is myHermes. The parcel is lost and the postage purchased through Packlink. It was a UK to UK shipment so I didn't need to declare value of the item when I was purchasing the postage on Packlink. The item is not extremely valuable, that is just a charger for electric toothbrush and it is insured with max pay out of £25. I raised a claim on Packlink and they refused for the reason - I did not contact them within 30 days of the posting date. Packlink did admit that the parcel is lost. I still haven't started to contact myHermes yet. However I am disgusted by Packlink customer service. I am planning to first, dispute the shipping fee through Paypal, then escalate this matter to myHermes, and if necessary, to small claim. Do you that this is the right direction to go? Thanks!
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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!
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