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By Ethel Street · Posted
@Titchytitcha couple more questions: (1) There seem to have been several cars insured under the policy with Aviva from December 2015. For all the cars insured since then (a) have you been the legal owner (ie was the sales invoice/receipt or similar for its purchase in your name) and (b) were you the Resitered Keeper named on the log book/V5C? (2) Do you know about the claim in 2017? How much was it for? Where did the claims money go? (3) Put bluntly, the Ombudsman believes you are lying. The Ombudsman believes you were aware of the policy because of the 12 letters Aviva sent to your home, addressed to you, since the policy started. I too am puzzled about how none of these letters ever arrived at your house. Have you asked your brother if he intercepted them, and how? You speculate that he might have set up a PO Box, ie a different address, but that would only work if he'd instructed Aviva to change the policy address to a PO Box. Have you seen copies of any of these 12 letters? Did they show a PO Box address? -
As I go through the defence it has sections for - Defence, dispute reasons, defence particulars, counter claim, service details (this is where it asks for correspondence details, and asks for additional details such as telephone or email - I assume it is because they do not have these details for me, only my address), summary, and confirmation. There is no red asterix to suggest I have to provide additional correspondence details. -
Its irrelevant really to this claim...what you wish to do with OC is your choice. -
the 3rd party will be drydens i expect. dx -
By lemon_martini2 · Posted
OK here's everything-afraid it took a bit longer than I expected-not helped due to having to race into A&E overnight and then the computer deciding to delete my whole file and replacing it with something blank!! The store-this is the first time they have specifically named the store-it was Exeter(my home city).The problem we have with that is that when the lockdown hit in March 2020,that store closed for good and has never reopened. The defence is vague and generic and does not respond specifically to my claim except to ask to have it disallowed for 'acting unreasonably in issuing it without engaging in pre-action correspondence'. I change my signature regularly as a security check-if I have a specific signature for a time period then it makes it easy to tell when documents etc were issued-this normally changes when I move address(every 2/3 years or so). On this occasion as it had not been changed for almost 4 years, I opted to change it on 1 January 2020. Since then all new documents and details have been using the new signature. I've included their defence points and my comments as instructed. VirgDef2.docx
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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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