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    • I think the difference at play here is that I am being honest and saying I have only just finished a DMP
    • I sent a CCA letter to Arrow back in January 2020 concerning old Sainsbury's credit card and loan debt because they were hassling me to up my £1 payments which I have continued to make to Sainsbury's via SO each month - the debt was assigned to Arrow in 2010.  Arrow replied they would need time to get the documentation from Sainsburys.  They sent me two letters, last one in April 2020 to say still waiting to hear from Sainburys.  Then today I received a letter from Arrow to say they now have the documentation but couldnt send it via post because they were very busy because of the Covid19 restrictions! and therefore I would need to email them to request the documentation be sent by email!  Well, I dont want to email them because that then gives them my email address and as I dont trust them I want the documentation in writing via post.  Can I insist on that?  I am aware they are well outside the legal requirements for sending the information.  I pay £1 a month to Sainsbury's for the debt.  The credit card debt they have acknowledged is unenforceable and the payments have stopped.  What can I do over the loan please and the requested documentation?   Advice please and thanks in advance.        
    • Hello BankFodder I do have a sales invoice from SEHBAC showing the warranty transfer and fee paid.   The warranty is a 10-year warranty provided by the installers at the time of fitting 0n the 27/8/2015, fully endorsed by the Glazing federation.   This is underwritten by QA National Warranties. Section one:-  agrees to indemnify the policy holder in respect of making good a defect in the insured works where the contractor has ceased trading and is consequently unable to rectify the defects subject to the terms of the written guarantee issued to the policy holder.  A defect being defined as a physical fault or error in the insured works caused by defective workmanship or defective materials.   Section two:- covers breach of building regulations cover where the contractor has ceased trading. Sadly, in this case I have no claim against the insurers as the company has not ceased trading.   The installers have agreed that there is remedial work that needs to be carried out. The delay during the last few months has been annoying, especially as we are struggling to warm our living space to a satisfactory temperature without excessive use of the heating.   I have no Idea of the cost of the works required.    You have obviously realised from the information that I have given so far, that I feel that the remedial work will not fully address the issues. From the comments made by the surveyor at the time of inspection, the work that needs to be carried out will require the windows be deconstructed and reinstalled, this to me indicates that the workmanship in the fitting was substandard and consequently gives me little confidence that any repair will rectify the problem, but will only be a patch job, unfortunately this will not be known until or if the work is carried out.   I have not had an independant inspection of the work carried out, and would not know who to approach to carry out this sort of inspection.   The installers have given no indication of the actual work required to rectify the issues.   Thank you for your help.    
    • AXA have no obligation to explain anything to you about their policy cover because you are a third party and have no contractual relationship with them.  Your claim is against the gardener. If AXA's policy had insured the gardener then AXA, for practical reasons, would have dealt with you direct. But for whatever reason they have decided that their policy will not insure the gardener against your claim.   So AXA are correct that you will need to pursue the gardener directly for the damage to your property and he will have to pay it from his own pocket. If he disagrees then you would have to start a small claims court action and a judge would decide if the gardener was liable.   It's normal for insurers to ask for details of the damge you are claiming for before they decide whether it's covered by their policy. This hasn't disadvantaged you because you will need that information to make a claim directly against the gardener.   It's not correct that you would get new for old if AXA had agreed to pay the claim. As a third party claimant you'd get the same whether AXA paid it or the gardener pays direct - the used value.   Is the property that was in the lockup insured by you under your own household policy? Have you put in a claim for to your insurers? If it's covered by your policy then it's quite likely you would get paid 'new for old' value.   How to make a complaint to AXA is in the "Making a Complaint" section on this page ===>  Website Terms & Conditions | AXA Insurance  However, I'm pretty sure they'll just reply that they can only deal with complaints from customers and you aren't one. TBH I'm not sure what your complaint is? Haven't AXA simply decided their policy doesn't cover the gardener for this so you will have to sue the gardener direct? Only the gardener can challenge that and make complaints to AXA about it.
    • I don't understand why you think you should be entitled to claim new for old from 1/3 party insurer. On the basis that we are talking about negligence, you would only be entitled to be put back into the position that you would have been had the negligent act not occurred. This means that you would be entitled to obtain the replacement value of the damaged items. What kind of items are we talking about here? What kind of value are we talking about here
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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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Panicking... again!!


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I put my letter to reject the Natwest's offer of 50% in the post to Cobbetts on Monday, they had set a deadline of today by which to receive it; but I just phoned to check they HAVE received it and they haven't. The lady who is dealing with my case said it was ok to fax it over in the morning. My question is, is their deadline legally binding? Can they turn round and tell me to get lost because I missed the deadline? The reason I'm flapping is because it was a heck of a lot of money that I turned down, and I'm terrified of doing something wrong and blowing the whole thing.

 

Sorry and thanks!

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Their deadline is like the charges they applied to your account. They have no legal effect whatsoever.

 

Fax a copy of the document to them in the morning. Be patient and do not panic. They will pay because they know the money was collected unlawfully from your account. The banks are playing on people's fear. It is a [problem] and do not fall for it.

 

Good luck.

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Bennyowen I love you! Thanks very much for your reply, I have now calmed down and come off the ceiling thanks to your rational response. Now how can I learn to think like that!?

 

Much obliged,

Claire.

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