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By BankFodder · Posted
You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out? -
By BankFodder · Posted
Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win. -
By Gemma19194 · Posted
Iv only just seen that the van driver is claiming a witnesses, i didn't know this other than from 10 minutes ago. I haven't received any documents from my own insurance , the document i received was from admirel - the van drivers insurance. Yes i have the name and address of the van driver. There was still ice on the road yes. I will carefully read through your bulletpoints and comment afterwards. -
By BankFodder · Posted
Also, I understood somewhere that you had the name and address of the van driver. Is this not correct? Also, at the time of the accident, would you say that there was ice and slush and the middle-of-the-road? Or is it simply in the side of the road between the parked cars? It was late in the day and we can imagine that the passage of traffic would have cleared any ice and snow. I notice one or two of your images seem to show tarmac with no ice or snow -
By BankFodder · Posted
Okay there's a number of things. First of all you say that there are apparently witnesses which the van driver is claiming – this is the first that we've heard of this. Are there any other details that you know of which you haven't disclosed to us yet? Secondly, you've apparently received instructions from AX not to contact the insurer. AX are not your friend. Thirdly, you are asking whether you should write to AX and give them information? – AX are not your friend. You ask how you can put these points forward – we will help you. However don't expect it to be easy or quick. I'm afraid that things have rather slipped out of your control and you will have to take back control with our help. Also, let me point out that not all of my site team colleagues necessarily agree with my assessment above – I expect that there will be some contributions and it will be helpful to see what comments and criticisms are made of my assessment above. I understood that the van was stopped but you are now saying that he failed to give way which now suggests that he was moving and continued moving even though you came within his sight. I understand that you've been given documents by your own insurer which apparently you've ignored. You say that AX told you not to respond – I don't really know why you are taking advice from AX. They are not your friend – and I can tell you also that your insurer is not particularly your friend either. You haven't commented on the bullet points that I've made. Do you agree that this is what happened? It's essential that you give us some feedback. Also, if you want to use stand any chance taking this forward, then you are going to have to engage in a bit more closely and respond to questions more quickly please.
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Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Picked By
BankFodder, -
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