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    • 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.  
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Insurance Problem, Please Help !


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Hi everyone,

 

Firstly, We have a hole in the bathroom ceiling that was first found in January 2007, we have a shattered double glazed upstairs window pane from which we came home from work to find in this way, we also got flooded under the downstairs flooring recently (from these heavy floods). We moved into our property over 2 years ago and have had this insurance company since we moved here.

 

Someone came from the insurance company to look at our damage and went away...We then got a phone call stating we have to make 3 separate claims, therefore having to pay the excess three times (3 x £100). We wanted 'one big claim'. They said it was FLOODS ONLY that they are paying out for, which wasn't the agreement we took out !

 

They said they probably wont pay for the ceiling anyway and we can get the window fixed for around £100, so defeats the object really.

 

What are we actually paying the insurance company for ? It was 'Home & Contents' - in which the home is what got damaged !

 

Is there anything we can do ? Are they ripping us off ?

 

Thanks again,

Lindaaa

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Basically yes - the splitting of claims is common as it works to their advantage, you need to be able to convince them that the insured 'event' is one and the same, not cumulative. They'll be dealing with Floods as a matter of priority due to the recent problems, so you may find not urgent claims are temporarily shelved. Since it is probably impossible to link them, get as much as you can from the flood claim and remember ALL insurance companies work this way.

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Hi,

 

Thanks for the reply. All are linked in a way as the heavy rain came through the ceiling, caused the shattered window to fall out into the garden and obviously under the downstairs flooring.

 

A drainage/flooding company called Rainbow are going to be sent by the insurance company, so we cannot ask for more money as they are working alongside them. Could we just choose who we want to inspect the flooring ? The guy on the phone did seem to go a bit quiet and was lost for words when we challenged their decision...

 

Best Regards,

Lindaaa

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It's a stretch, because if the rain came though the roof then it would not be in good order so whilst they may agree to settle on that basis, they may insist on a re-roofing (at your expense as it's fair wear and tear). You do not have to accept their repairers unless your contract/policy specifically gives them this right - but you may have to get up to 3 independent quotes, and at times like these, firms are too buy trying to get the work done than doing quotes for work they might not get!

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I have to correct what buzby said - it has nothing to do with the insurer wishing to work to their own advantage.

 

How did the hole in the ceiling in January contribute towards your house being flooded 6 months later?

 

You are insured against specific insured events so as 3 individual events have occurred you would be liable to pay 3 excesses. This is completely correct.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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The rain only came through the ceiling when the heavy rain came (during the floods). We noticed a slight hole in January, that got bigger when the heavy rain came.

 

I was just wondering what our monthly payments to insuarnce are for ? I don't understand why we have to make 3 separate claims, when its all at the same house, all water damage and all with one company.

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The rain only came through the ceiling when the heavy rain came (during the floods). We noticed a slight hole in January, that got bigger when the heavy rain came.

 

I would class that as a contribution...Don't worry we want to do everything 'by the book' and its not an 'insurance job'.

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It is all based on an 'insurable event', the other considerations are not relevant to the company (appalling, I know). Although the floods exacerbated the leak, it was pre-existing and should have formed the basis of a claim then, not rolled up with others. If a loss adjuster attends, we may well rule that the hole did not appear as a result of the flooding, and block any claim for this work - this would make the excess per event seem quite reasonable.

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In essence you could find that no cover is provided for the further damage (following the original hole) as you have done nothing to correct the pre-existing damage.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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