Jump to content


  • Tweets

  • Posts

    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
  • 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
      • 161 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

Storm damage - they won't pay!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6300 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

Hi all,

I have just been speaking to my mum, who had some severe storm damage in the last storm - basically it's a Victorian end terrace house that has now had part of the upper gable end blown off! She had to have emergency scaffolding put up to prevent people being hurt (and tiles hitting people!) and the assessor has been around today and basically told her that it's 'wear and tear' and that the wood was rotten so would have fallen down anyway - this is untrue as the builders that put the emergency scaffolding up said the timbers were as good as any new build house!

 

Can she do anything about this? How should this be done, and is this because of the insurance companies not wanting to pay out for storm damage?!!?

 

The insurance company is (not suprisingly) Barclays.

 

ANY HELP MUCH APPRECIATED!!!!!:mad::mad::mad:

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Hi,

Well first of all I am sorry to hear about your story, at a time of need this was the last thing that she needed. First of all I work for Aviva, the company that does insurance for Barclays. We take these kind of complaints really seriously, so I can send an email to a customer experience department and see if they could pick it up and see if there is anything that they can do to help. If you care to memo me your policy number I will pass this on for you. However I need to stress that I will simply do my best to help you out and can not promise a result.

 

Mostly though, this depends on the definition of wear and tear and the state that this was in. If it was in a bad state then unfortunately there really isn't much that you can do about it, however, if that is not the case then you may have to stand your ground. What I suggest is that you get two estimates and complain in writing to barclays. Phone them up, get their complaints address and send it by registered mail.

 

Best of luck with it.

Link to post
Share on other sites

Hi all,

I have just been speaking to my mum, who had some severe storm damage in the last storm - basically it's a Victorian end terrace house that has now had part of the upper gable end blown off! She had to have emergency scaffolding put up to prevent people being hurt (and tiles hitting people!) and the assessor has been around today and basically told her that it's 'wear and tear' and that the wood was rotten so would have fallen down anyway - this is untrue as the builders that put the emergency scaffolding up said the timbers were as good as any new build house!

 

Can she do anything about this? How should this be done, and is this because of the insurance companies not wanting to pay out for storm damage?!!?

 

The insurance company is (not suprisingly) Barclays.

 

ANY HELP MUCH APPRECIATED!!!!!:mad::mad::mad:

 

GET A QUALIFIED INDEPENDENT LOSS ADJUSTER to help you...ASSESSORS are not qualified in these matters and plus they are employed by barclays in this instance and will only help their insurer! ie BARCLAYS. pm me if you need more info will gladly help.

Link to post
Share on other sites

Hi,

Well first of all I am sorry to hear about your story, at a time of need this was the last thing that she needed. First of all I work for Aviva, the company that does insurance for Barclays. We take these kind of complaints really seriously, so I can send an email to a customer experience department and see if they could pick it up and see if there is anything that they can do to help. If you care to memo me your policy number I will pass this on for you. However I need to stress that I will simply do my best to help you out and can not promise a result.

 

Mostly though, this depends on the definition of wear and tear and the state that this was in. If it was in a bad state then unfortunately there really isn't much that you can do about it, however, if that is not the case then you may have to stand your ground. What I suggest is that you get two estimates and complain in writing to barclays. Phone them up, get their complaints address and send it by registered mail.

 

Best of luck with it.

 

you work for an insurance company. you are not qualified to assume this situation. qualified loss adjusters are. thats why insurance companies want the experience of qualified loss adjusters esp with Lloyds of london.

Link to post
Share on other sites

Kimmy, I know that i am not qualified to assume this situation. What I am offering is to pass the details on to a customer experience department, people that work with loss adjusters and this kind of situation in particular on a daily basis. At worst nothing will happen but there is a decent chance that they will at least contact the lady and get this situation moved forward. Either way yes, you will have to contact some independent loss adjustors if Barclays stick their heels.

Link to post
Share on other sites

pjdavies sorry to hear of your mums problems. The assessor is wrong.

 

Even if there is evidence of rotting timbers they should at least repair the structure & request a contribution from you mum for 'betterment'. They should ensure that the structure is restored........after all they do have a vested interest in the property

Link to post
Share on other sites

OK.

 

Firstly, dont get an independant Loss Adjuster, as there are no such things. Loss Adjusters always work for the Insurance Companies.

 

Regarding the damage - You will need to get an independant report. The Insurance Company has done what it needs to do to satisfy its obligations. Your mum has registered a claim for storm. They have sent someone out and found that the storms were consequential to the loss, and the proximate cause (this is the main thing that has damaged your roof) is Rot. Rot is not covered by the Insurance Company.

 

The onus is always on the Insured to prove the loss. Barclays have seen no proof from you that the damage is covered.

 

If you get a builder to repair the damage and he puts the cause of damage down as storms, there will be a chance that (after a while) Barclays might offer you a contribution towards the damage, as they have evidence that the damage was partially caused by rot.

 

However, they will interview the builder, and from previous experince they are not too forthcoming with information - when asked what the pre damage condition of the roof they always say alright / fine!!! Barclays will have photographs of your roof too, which they will talk to the builder about.

 

If you get a full report that states there is not rot, or it is at a fairly early stage - not enought to damage the roof, then there is a chance that you will get a full refund (including the cost for the roofers report)

 

Hope this helps.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

Link to post
Share on other sites

This is correct, Loss Adjusters are Independent Companies hired by Insurance Companies for a fee to deal with claims, generally they only report and investigate and the final decision will be with the Insurer's. An independent loss assessor can be useful to appoint yourself and are usually qualified/experienced adjusters and often the adjuster and assessor can argue things out, however you do need to go to the Insurer's with your complaint, check your Policy for information on how and where you can do this as this should be in there ?

 

Can you also confirm if the assessor was an "in-house" inspector or worked for an external adjusters ?

Link to post
Share on other sites

Just to let you know - I work for a Loss Adjusters, and be wary of Loss Assessors - Part of the fun of the job for us is "confusing" Loss Assessors. I do not know of one that is qualified - or if they are do not show competence for this (cue all the assessors complaining now!). They will also charge you for their service, which is NOT recoverable from the Insurance Company.

 

You are best off keeping us up to date on this forum - from historical threads there are a lot of qualified insurance / ex-insurance employees glad to give you advice

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

Link to post
Share on other sites

Like you say Craig there are some good and bad so it would pay to check them out first and their credentials and yes they do charge you for services.

 

BTW I am an Underwriter so yes assessors are a natural enemy for us ...... but can sometimes be useful ..... unlike the NWNF boys !! GRRRRR !!

Link to post
Share on other sites

Just joined - new member.

 

Craig Walton has given the best advise so far - Loss adjusters are OK in my view and I have (in my 25 odd years og broking) yet to come across an adjuster who (although paid by the Insurer) does not err on the side of the policyholder in cases such as these - they do however become rather different animals when they smell a rat on a dodgy claim and they are usually good at that too.

 

This claim will not probably be settled in full - it should be one the Insurer contributes toward - if she were my client I would get her a reasonable settlement as Craig says by getting your own builder to put forward a valid statement to substantiate the cause of at least some of the damage - also check the cover - does she have accidental damage - this helps.

 

Lastly - if all else fails ask for an ex gratia payment - this is where you agree with the Insurer to accept the loss is not covered but pay it anyway in view of the special circumstances - its a goodwill gesture on their part and is something Insurers used to do regular years ago ...

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...