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    • Nationwide is facing mounting criticism from savers.This is a result of the cuts it has applied to savings rates in the wake of the Bank of England's decision to cut the Base Rate to 0.1 per cent. View the full article
    • As a former NHS manager in a mental health trust... I agree 100% with the actions recommended by stu007.  And I would make especially clear in your letter(s) of complaint that you are extremely concerned about the whereabouts of any confidential letter that was intended to be sent to you in the handwritten envelope.  (Indeed, the fact that a handwritten envelope addressed to you was used would suggest to me that they definitely had something to send you.  It also sounds a bit odd to me that the envelope was handwritten).   As well as complaining in writing to them, I'd contact the clinical team by 'phone first thing on Monday, explain what's happened and tell them to ensure that any confidential information about you that has been sent to a third party must be recovered immediately, and you want confirmation of that.  Well that's what I'd do - see if others think it a good idea or not.  If that had happened at my trust, heads would roll.   There's another poster on these boards called "think about it".  They're involved (I think) in GP practice management and may have some comments too about patient confidentiality.   Oh - I think I would include a photocopy of the handwritten envelope in my complaint to the trust and the ICO.   (I've got to ask - can you say what trust it is?  Don't say if you don't want to.)   EDIT:  And well done for contacting the other person to tell them what's happened.  You did the right thing
    • Hey, thank you very much again for your replies!   - We go to the branches and ask for business accounts, but as I give them my personal name they register them as sole trader accounts in their systems, regardless of my company name being on the agreement.  Suspended our services for high volume messaging -- that is not explicitly covered in terms and conditions Send us letters referencing wrong terms and conditions that we did not sign Terminate the contract and come with a random balance number. We argue unsuccessfully, but they don't follow up with the requested deadlock letter. Pass our account to Lowell in 2017 I pick the account back up when I notice it is affecting my credit file in 2020 I work on the case for about three weeks and file a complaint with CISAS I give Lowell my contract and they see it is my company's name on it so they pass it back to Vodafone Vodafone wants to settle my account quoting they should not charge me anything on the first place and they offer £250 as a compensation for distress. I mistakenly accept the offer because of confusing wording and thinking that the third party adjudicator was already involved in the case, although they would basically get involved on the later stage.  I make a complaint as per CISAS and try to reverse the settlement in the system and have third party adjudicator having a proper look into my case and hopefully reward me a much fairer compensation for all the damages.    I have made a SAR request with both Vodafone and Lowell so far, but still waiting for the Vodafone to send it.    I am now waiting for CISAS to respond, but because I am still upset how much damage this has caused me I am considering taking them to small claims court.  For that I am researching what are the acts I would have to reference in that case.   Obviously Consumer Rights Act 2015 and then Data Protection Act 2018 and perhaps some acts regarding entering into contractual agreements -- can you help with that maybe?        My main concern at the moment is to how to express claims well in a legal language, because £250 they offered feels just patronizing given that there has been everything clearly written in black and white, yet I have had to go though this damaging and humiliating experience. 
    • Cooling off periods do not apply to faulty items. The cooling off period relates to a distance purchase of an item which is of satisfactory quality. Where an item is faulty then it become subject to the rules under the Consumer Rights Act
    • I understand the cooling off period for online purchases, but this is a little different due to the item being collected/paid in person.    A used item was recently sold by auction on eBay. The seller inspected, paid with cash and collected the item in person.    The buyer is now claiming the item to be faulty.    If this transaction was completely remote and the item posted, I would absolutely expect the buyer to be entitled to a refund.    But as the transaction happened in person would the point of the money changing hands be when the contract is made? Therefore not giving the buyer any cooling off period?   I think this is the key information; Used item Paid in person Working when collected Private sale   Thanks!
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josswallace

Query on Claims

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I currently have one claim on my car insurance policy for the theft of a catalytic converter from my car. The best insurance quote I have found for my wife's car when I add myself in as an additional driver is £350pa with a £350 total excess.
In March 2019 I was involved in an alleged incident in Austria where the claimant claims I damaged his front bumper. I have resoloutely denied this and after legal advice am disputing this in the courts. Currently the situation is that the Austrian Courts have applied to the UK courts for statements and that is where the position is at the moment. According to my solicitor there is no way this can be described currently as an accident. However my insurance company at the time has entered this incident into The CUE motorists data base an accident resulting in loss of no claims bonus. I have not made any claim on my insurance so I don't see how I can have lost any part of my no claims bonus.
I have at the moment made a formal complaint to the insurance company involved asking them to remove/correct the posting to the CUE data base. They refused this request verbally which is why I made the formal complaint.
When I add this second claim on to the quote for my wife's car insurance the cheapest I can get is £628pa with a £400 excess.
At the moment my options appear to be:- 1-Do nothing and just pay, but it will become much more of am issue when I come to insure my own car. 2-Wait for the claim procedure to go through the insurance comany's internal proces then escalate it to an ombudsman. 3- Take the insurance company to the small claims court for the excess on my wife's premium. 4-Take MIB the administraters of the CUE database to the small claims court for diseminating false information.
Any advice would be greatly appreciated.

 

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You seem to be confusing the idea of a no claims bonus with some to do with having no claims. Bless!

The insurance company is acting defensively and they are upping the premium in advance. Very unfair but that's what they do.

I expect that my colleague @unclebulgaria67 will be along to give you more experienced advice that I can – but I suspect that you will have to suck it up for the moment – make it clear to them in writing what the situation is and that once the matter is sorted out in Austria, you will be coming back to them to have your money refunded and also to have your file cleaned up.

I'm afraid that whichever insurer you go to, they will probably apply the same self-serving defensive unfair rationale.


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Agree with Bankfodders comments above.

 

The Austrian incident has been recorded against your Insurance and will be recorded as a fault claim, as your Insurers believe that they may have to pay out an amount. 

 

You can of course ask your Insurers (using a GDPR subject access request ) for copies of what they have received related to this incident.  It may be that they have received information about the incident,  which is sufficient to make them believe that they should record a fault claim. 

 

They may want to record the claim as fault to collect additional premiums, rather than wait for the outcome of a lengthy process.  If eventually it is decided that you have zero liability for the accident, then the Insurers will update the claim to non fault and you can register this with Insurers to obtain a relevant refund/reduction of your Insurance.

 

So you will need to take out Insurance based on the no claims situation as it is.  Send the GDPR  SAR to the Insurers and separately, send a complaint to the Insurers asking to be kept updated about the progress of the claim and provided with copies of any documents which assists with any current Court/legal processes which are ongoing. 

 


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