Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Amazon property damage


Fireman D
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1347 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Please Assist.

 

On the 14th May 2020 I had a delivery from Amazon. My drive has electric gates fitted which open outward,

the delivery driver forced my gates open by pushing them 'inward' which resulted in the gate hinge being broken

from the gate post, the mechanism that opens the gate being damaged and inoperable and the gate itself being

broken where the opening mechanism was fixed to the gate. All this was captured and recorded on CCTV.

The gates had to be removed for safety reasons as a result.

 

This was immed the USA. ARC initially investigated this and requested the CCTV footage and photographs of the damage and also requested two quotes for the repairs. Due to the cost of the repairs and replacement ARC subsequently passed the claim on to the drivers insurance, QBE in the UK. QBE did not respond to my e-mails and denied that the person whose name I was given by Amazon actually worked for the company.

 

ARC was informed of this to which their response was they would settle my claim and invoice QBE for the claim amount. ARC then informed me that QBE will contact myself via e-mail. QBE subsequently sent an e-mail stating they were 'investigating' and will contact me again with the findings of said investigation.

 

The initial e-mail from QBE was on the June 16th and will not respond to any e-mail or telephone call, and now ARC will not reply to any e-mails.

 

Any advice on how I can now deal with this would be gratefully appreciated.

Link to post
Share on other sites

Sorry, but what does this mean?

Quote

This was immed the USA. 

 

Who are ARC?

It would be helpful if you could be a little bit more clear about what happened.

I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company

Link to post
Share on other sites

4 hours ago, BankFodder said:

I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company

 

So would he proceed against Amazon if they'd sent the item by Royal Mail?

Edited by Man in the middle
Link to post
Share on other sites

14 hours ago, Fireman D said:

This was immed the USA. ARC initially investigated this and requested the CCTV footage and photographs of the damage and also requested two quotes for the repairs.

 

Should read 'This was immediately reported to Amazon who passed it over to ARC, ARC are a claims management company based in the USA.

(For some reason this text was omitted when the post was sent !)

 

4 hours ago, BankFodder said:

It would be helpful if you could be a little bit more clear about what happened.

 

What further information do you require please ?

 

And you also say 'you don't understand why I am not simply proceeding against Amazon'  Proceeding with what and how ?

I am no legal expert, i am a retired firefighter.

Link to post
Share on other sites

Well you shouldn't get involved in case management or anything else like that.

You are being fobbed off to some company that specialises in cutting down payouts to people who have suffered and also delay because they are involved in so many cases and have complicated procedures.

If you want to take control of this then you should claim against Amazon.

You haven't told us the value of the damage.

You should get two independent quotations and assessments of the damage. You would need those for the claims management company anyway. If they haven't asked you for these then they really are dragging their feet.

Get the quotations – and come back here.

You should claim against Amazon by writing to them in the first instance with the two quotations. Give them 10 days to respond. If they don't respond or if they don't respond satisfactorily then issue a letter of claim and begin a small claim in the County Court.

They will probably respond to you and say that you have to deal to their claims management company – you should ignore this and deal only with Amazon.

Please give us more information about the damage – and in particular the value and let us know about the independent quotations.

Link to post
Share on other sites

Thanks for reply.

 

I have forwarded the two independent quotations to ARC (the claims management company)

Quotation 1 was for £4500 + VAT (£5400)

Quotation 2 was for £5200 +VAT (£6240)

 

The damage was

15 hours ago, Fireman D said:

which resulted in the gate hinge being broken

from the gate post, the mechanism that opens the gate being damaged and inoperable and the gate itself being

broken where the opening mechanism was fixed to the gate.

 

both companies that assessed the damage stated that 'no parts were salvageable'.

This being because you cannot purchase one gate or one opening mechanism or one gate post. They are only

supplied in pairs hence the whole system has to be replaced.

 

Is this sufficient information for you ?

Link to post
Share on other sites

Thanks. Okay these are manageable amounts.

It seems that the claims management company are making reasonable headway but it's a mystery is why they seem to have stopped responding.

If you want to move it on then you should write to Amazon and copied out to the claims management company that you are not prepared to wait any more. That they are treating you discourteous lead by not responding to your emails and that you are preparing to take matter into your own hands.

Tell them that this means that you will begin a claim in the County Court if they don't bring you up to date as to what is happening and give you reasonable timelines for action.
Tell them that you want to reply in 10 days or else you will be issuing a letter of claim.

Letter of claim means that you would then give them 14 days and then you would start a legal action. If they don't respond to your 10 day deadline – and there is certainly a chance that they won't then you should send a letter of claim – but only if you are absolutely certain that you intend to bring the legal action.

It is clear that your chances of success are almost guaranteed and of course any costs et cetera will be borne by the losing party. You would bring the claim against Amazon at the UK address. If they haven't started moving on your initial warning and then on your letter of claim, you can be certain that once the court papers are issued they will start taking you seriously.

I'm afraid that if you're not prepared to do that then you will probably have to do remain patient and keep on waiting for as long as they want to wait. It's not fair but these people are not used to being hassled – and they generally speaking take their time and do things the way they want.

If you want to break this routine, then take the action which I have suggested. You should be aware that they probably often receive threats which are never followed up. Any threats you make, must be followed up.

If you have to bring a claim that it's very simple and we will help you although you will need to read around this forum about how to bring a small claim in the County Court.

Link to post
Share on other sites

ARC act for Amazon, they are in effect Amazon's outsourced claims handling department (presumably because Amazon self-insure small losses like this). I doubt you will get anywhere by refusing to deal with them. Unless you are actually starting court proceedings when of course you have to direct your claim to the actual defendant.

Edited by Ethel Street
Link to post
Share on other sites

I'm afraid that you have misunderstood what I have suggested.

I've suggested that the OP contact Amazon and tells them that if ARC don't get a move on then he will proceed directly against Amazon.

It's not a question of refusing to deal with ARC.  It's a question about putting them to get going. If the OP does end up issuing court papers, against Amazon – you can be pretty certain that things will get a move on. I can certainly imagine that it will be ARC which will deal with it on Amazon's behalf, but they will suddenly realise that the OP is serious

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...