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    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • Seeing your posts I am feeling very grateful that the online process was not available last year when I first had to apply so didn’t choose it for the second one.  Paying the fee was my big problem as that had to be done over the phone but other than that I had no issues.  I am convinced that sending all documentation in one package to one place was no bad thing.   Other than waiting on the ombudsman I’m not sure where you can look to.          
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    • Well, I'm not having that luck. A quick google shows that I'm not the only one either.   It's very hit and miss it seems.   Currently, I'm looking for some recourse, as this is eating my and my sister's inheritance up in interest and government fees, when it should have been a cut and shut case.
    • Doing it that way does add an extra chance for a screw up in that someone has to marry the physical will to your online application.  Does seem a recipe for disaster.  Can’t see that a determination to move all applications online will be an improvement.  Doing it all with pen and paper and using snail mail last year I got the email to say they’d received it within days and probate granted a couple of weeks later both times.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Claim upheld without any investigation


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Hello, I have had this really bad experience where in my car insurance company upheld claim from another party that my wife, while reversing the car, hit his car and that his sensors and other things broke down. My car on the other hand is spotless. Not mark anywhere.

 

I dont want to dispute if there was any accident or not, but even so the insurance company accepted the claim without any investigation. They accepted that there indeed was an accident based on balance of probability that I was present at the time/place of incidence. No further investigation at all.

 

As far as I think, there may have been an incidence but only very minor. My car is spotless and that makes me believe that the accident, even if it occured, must have been minor. The claimant is only using this as an opportunity to get his other broken items fixed, all at my cost.

 

What are my chances if I went to Ombudsman?

Does the insurance not have to do further investigation like whether say bumber of my car can even reach the sensors of his car?

What is the general protocol.

Do insurance companies have to carry out such investigation and produce some report, even if preliminary.

If not then anyone can come and claim a world from me, even if I am not genuinly laible for it.

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Does not really make any difference, whether third party has claimed £500 or £5000, it is still a fault claim against your Insurance record.  So no point complaining or questioning how your Insurers dealt with the claim.  It won't reduce your premium or lead to any compensation, even if the Insurers just accepted the evidence the third party Insurers provided.

 

 Insurers should have made contact with you or you should have reported the incident, giving full details of what happened.  And if there was enough doubt about the extent of the damage the third party was claiming, your Insurers should have at least asked questions.  But if the claimed amount was less than a certain threshold value, it may not be their practice to spend too much on what they see an unnecessary administration.

 

No the Insurers don't have to produce investigation reports or involve you in the claims process, other than ask you to report the basic accident details, at the beginning of the claim process.

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Thanks for the reply, UncleBulgaria.

 

Fine, if it does not matter the claim is for $500 or £5000. I get that point.

 

I basically want to dispute the whole fact that an accident happened in the first place. They said that since my description of the event and of the claimant is same, they upheld the claim.

 

What had happened was that on the day of supposed incidence, this gentleman walked to my wife and said that she hit his car while reversing. And this is what I said to the insurance that the claimant said this.

 

The claimant, if he has to cook up a story, naturally he will have the description of context of incidence. So matching the desciption of supposed incidence cannot be good enough. There must be some physical evidence of the incidence, which will be some sort of mark, scratch or smudge.

 

Without any physical evidence that prooves the incidence, the claim has been upheld.

 

Edited by gentle
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