Yes I would like to use mediation.

They have filed a defence online.

The current status is:

"DQ sent to <defendant>  on 7/7/23"

I have not been requested to return a DQ and it looks like the defendant has not returned their DQ yet.

what happens if the defendant disputes the claim but does not return a DQ?

Can I request a judgment and how long have the DQ request do I have to wait?

Filled out the N180 but it says:

Once you have completed this form, please return it to the court at the address shown on the form N149A - Notice of proposed allocation to Small Claims Track.

I don't have an N149A so where do I send it?

I have filed a case on MoneyClaim Online for this and the seller has decided to defend the case.

The user guide states:

"If you want to proceed with your claim upon receipt of a paid, full, or part defence, you must notify the court by following the directions enclosed with the copy of the defendant’s response."

The defendants response just states their defence (which I disagree with). There are no further instructions.

The current status is DQ sent to <defendant name>.

Am I supposed to do something or do I just wait for now?

I just ordered some doors and skirting off a UK company on the internet for export to Malta. Before I placed the order I checked if they could supply ex-VAT for export, using my own forwarding agent, and they said I would have to pay the VAT when placing the order but they would refund the VAT once I provided proof of export to Malta. I have used this process with other online suppliers before.

I placed the order and paid the UK VAT, the goods were received in Malta and I have also paid VAT in Malta. I have sent the customs invoice from Malta to the UK supplier as proof of export but now they are refusing to refund the VAT. They say I will have to claim the VAT back myself which I can't do as I am not VAT registered. 

So now I have paid double VAT of about £500 each in UK and Malta. I'm pretty sure the supplier is at fault here and doesn't know what they are doing. Other suppliers have not had an issue doing this. The supplier is not very responsive and is now just ignoring my emails. I'm thinking of filing a small claim against the supplier but am not sure which legislation if any they are in breach of. Any thoughts?

25 minutes ago, mantis shrimp said:

push back as hard as you can, if only for no other reason than that if you don't you will certainly get nothing. 

Yes I agree but the solicitor doesn't want to and says I'm wasting my time.  So how do I force the issue? Go direct to the employer or insist the solicitor asks again against their advice?

Hi all, I’ve managed to get myself into a bit of a mess negotiating a settlement agreement with my employer.

I’ll try to summarise a long running and complex situation as briefly as possible below:

1. I have been with my current employer for 4 years.
2. My employer ordered me to relocate and I refused.
3. My employer threatened me with disciplinary action for breach of contract (termination) if I refused to relocate or resign.
4. I hired a solicitor on a no win no fee basis to threaten unfair dismissal and negotiate a settlement package.
5. The solicitor’s fee was 25% of any settlement which I believe is about average.
6. After two months of negotiations my employer completely unexpectedly reversed their decision and said I could continue to work in my current location.
7. Whilst at first glance this looks like a good result, the solicitors’ terms state they will charge 25% of three months’ salary if I remain in employment.
8. I knew this when I signed up but did not consider it an issue since my employer had already threatened me with dismissal and had made it clear I could not continue to work from my current location. By changing their mind, they have completely changed the dynamics of the situation.
9. I asked for an ex-gratis payment to cover the lawyers fee and my employer refused.
10. My solicitor has told me if I refuse the settlement and resign, I will still be liable for 25% of three months’ salary because they have negotiated a settlement and I have refused it.
11. So now I am in the situation of having to pay a month’s salary to keep my job or paying a month’s salary if I leave. This seems unreasonable to me.

So now to the current situation:

• I have reason to believe that my employer has refused an ex gratis payment as they are unaware of the solicitor’s negotiation fee and think I am just being greedy asking for more money.
• They have already agreed to pay the solicitors contract review fee as part of the settlement which is separate to the negotiation fee.
• The solicitor would take 25% of any ex-gratis payment as part of their fee and any remaining amount would go towards the 25% of three months’ salary.
• I feel that the solicitor does not want to push for an ex-gratis payment as they are more interested in protecting their fee than representing my interests.
• They do not want to reveal their charging structure to my employer as they fear my employer will use it against them as a negotiating tactic and try to reduce the percentage.
• I am thinking of initiating a protected/without prejudice conversation with my employer to explain that I am not simply digging for more money but will struggle to pay the lawyers negotiation fee which they are most likely unaware of.

Is this a good idea?

Is it normal that the employee picks up the negotiation fee in these situations or should I push back on this?

Thanks. I don't think I'll bother. It was just a shot in the dark since I saw he was in UK now. I might ping him an email care of his agent asking for my money and threatening legal action to see if that has any effect.

Thanks, both parties are in the UK so not sure that route would work after Brexit.

Back in 2007/2008 I rented a flat in Amsterdam. The landlord never returned my 3000 EUR deposit. He gave me lots of excuses including saying he'd sent it when it hadn't arrived and eventually stopped returning my calls and email.  The landlord has subsequently popped up in London and I have his address. He a small time TV producer and his contact details are all over the internet including IMDB. 

Is there any point in putting in a small claim? I still have the rental agreement and bank statements form the period proving I paid a deposit and received nothing.

I'm guessing the small claims court would knock it back on the basis of time elapsed or they have no jurisdiction. Would England and Wales rental law apply to this case? I'd long written the money off but since his name and address popped up on my radar I thought it might be worth a punt on around £50-£100 for small claim if there's half I chance I might get some money back.

I need to repair the lead flashing on my side of a firewall on the roof of a Victorian terrace. It will involve hacking off the cement on my side, installing new lead and reapplying cement. Do I have to notify my neighbour under the party wall act before getting this work done? I was under the impression minor work was not notifiable. I would consider this minor work. From the party wall act:

"Some works on a party wall may be so minor that service of notice under the Act would be
generally regarded as not necessary.
Things like:
 drilling into a party wall to fix plugs and screws for ordinary wall units or shelving
 cutting into a party wall to add or replace recessed electric wiring and sockets
 removing old plaster and replastering
may all be too minor to require a notice under the Act."

The neighbour has got wind of what I am doing and has asked for written grantees that I will cover the cost of any impact on his side and is threatening to invoke the party wall act if I don't I don't want to write him a blank cheque as his side of the firewall is probably is as bad a condition as my side.

I recently let a property and instead of placing a deposit the tenants took out deposit insurance. This is the first time I've done this. Apparently it's a new thing and becoming quite popular. I think the policy was sold to the tenants by the letting agent and the letting agent assured me the insurance was as good as a deposit. Last May the tenancy ended and I had to make a claim on the deposit for some repairs. The tenants have disputed the claim and the process is going nowhere. I am dealing with the agent and, as far as I can tell, they have just spent the last 8 months trying to convince the tenants to pay up and haven't involved the insurance company at all yet.

It seems to me the tenants have no incentive to come to a settlement because they have no deposit at risk and have presumably already paid the insurance premium.  I have asked the agency to refer this to the insurance company several times but they seem reluctant to do this and keep negotiating with the tenants who, in turn, keep delaying. The whole process is going round in circles. I have received no documentation relating to this insurance so I don't even know the name of the insurance company to see if I can complain to them. There is a clause in the tenancy agreement in lieu of the deposit clause saying insurance is required and I should receive a written copy. I have requested that. 

It looks like I have been sold a pup and the insurance is not worth the paper it's written on - assuming it even exists. Needless to say I have not accepted deposit insurance on any of my properties since. Does anyone have any suggestions on how I can formally move this forward? Should I be taking action against the tenants, the agent or the insurance company?

Yeah I think you're probably right. I cancelled it anyway because the balance was due on the 10th July and I thought if I held out for an alternative and rejected it I might loose my deposit. Virgin are not answering calls from anyone not flying within 14 days by which time  the balance due date will be well past. I didn't want to pay the balance just to keep my deposit and get it all back in 4 months. Better to cancel the whole thing and get my deposit back now.

The holiday is in October so I think it will be fine to travel by then. I still plan to take a holiday on the same dates but I doubt I will get 10 days in the Caribbean (or anywhere long haul) for the same price so will probably go somewhere in Europe. It's just frustrating when I see basically the same holiday advertised on the same dates but for 50% more than the one they just cancelled.

I'm not too worried about Covid 19 and plan to travel as soon as the quarantine rules are lifted.

I just got an email from Virgin saying my package holiday to Antigua in October is cancelled. The flights are still available so I assume it's an issue with the hotel.

I've been offered a refund or rebooking with potential price difference. I checked on their website and the cheapest holiday to Antigua on the same dates (same flights different hotel no car rental) is £800 more than what I paid for the original booking with car rental in January. Surely if the hotel pulls out then they are obliged to place me in a similar hotel for the same price rather than just cancelling?

If I rebook with another travel agency now I will never get the prices that were on offer in January so will probably just have to scrap the holiday and go somewhere in Europe. Have I got any rights here or am I on a hiding to nothing?

Just to update.

I got paid by Axa after I threatened to take them to small claims court.

I never got a response to the SAR from the ombudsman.

The SAR from Axa didn't really help.

The ombudsman never responded to any of my communications.

It seems the ombudsman only issues judgement but it's down to the individual to enforce them.

So allowing for postage and Easter it's been a month since I sent the SAR's and no response from either Axa or the Ombudsman. I guess given the current situation I should give them more time to respond? I'm still not clear how this is going to help me move my case forwards.

Noted. Thanks.

SAR sent to both. I also chased the ombudsman and emailed the insurance company again for what good it will do. I am wondering whether it is worth returning the cheque uncashed to the insurer with a covering letter explaining the reason I am rejecting their settlement and asking for a break down of the figures. Or would that just confuse things now I've sent the SAR?

I'm not accepting the lower value. I was just using it as an illustration to point out why I think their calculation is wrong. At this stage I just want an explanation of how they have come to the number they have done but I can't even get that out of them.

Thanks for the feedback so far. I'll wait to see what pops up tomorrow.

27 minutes ago, BankFodder said:

also it's not clear whether this letter is from the ombudsman or the adjudicator. This is why we want you to put up a scanned copy

This was a pdf from the ombudsman as an attachment on an email.

There is no heading or mention of an adjudicator. 

It's just plain text.

I'll have a look at how I can redact it and post it tomorrow. 

Yes I have the pdf but how do I redact personal info?

Attached is the letter from the insurer.

Below is the text of the ombudsman findings.

By my calculation the minimum settlement should be:

Ombudsman's lower valuation threshold: £21,000

Less payment already made to leasing company: £19,770.38

Less policy excess: £350

Amount outstanding: £879.62

Amount offered by insurance company: £453.23

Shortfall: £426.39

Quote

"Mr XXXX complaint against AXA Insurance UK Plc
My understanding of the complaint
The consumer’s car has been deemed a total loss and he’s unhappy with the valuation amount offered. His car was valued at £20,200. Given it was a lease car; the insurer paid the finance company £19,770.38 which was the settlement due amount.
AXA didn’t give the consumer the remaining amount. Mr XXXX disagrees with this decision and believes he’s entitled to it under the policy terms and conditions.
He also says the valuation of the car is wrong. As far as he’s concerned he needs to be awarded £21,000 and £21,480 respectively which is what he says the car is worth.
He wants the remaining amount to be refunded to him.
My findings
I’ve now investigated the complaint looking at all the evidence and information available.
Where there is a dispute about a car valuation we use Caps, Glass and Carzana to check the market value of the car at the time of the incident.
The incident took place on 24 February 2019 and from the information I have, the mileage at the time was 14,000. I’ve placed these details on the sites and the market value of the car was £22,874 at its highest and £21,000 at the lowest. With this in mind, I’m satisfied that the valuation amount should be between these figures.
I’m unsure as to why AXA valued the car at 20,200. I imagine the reason why they’ve got this figure was because they added the wrong mileage on the system. In Copart’s report, it states the mileage of the car was 23,000. However, from Hopers report and by looking through the notes, it appears that the mileage was 14,000 which is what I’ve used in my valuation. The value we use is the market value of the car.
I’ve then looked at the policy terms and conditions to understand what the insurer said it will do where the valuation is higher than the finance settlement amount. In the terms and conditions under the heading ‘if your car is a total loss’ it states:
‘If our estimate of the market value is more than the amount you owe the finance or leasing company, we will pay you any remaining balance of the agreed settlement. If our estimate of the market value is less than the amount you owe the finance company, you may have to pay them the rest of the agreed balance.’
In light of this, it’s clear that the agreement was for the insurer to pay the consumer the remaining balance where the market value is more than the settlement amount. Given that’s the case in this situation, it’s fair for the insurer to pay Mr XXXX the remainder of the valuation amount.
So for this reason and the reasons explained above, I recommend AXA:
1. Value the car between £21,000 and £22,874
2. Pay the consumer the remainder of this amount after deducting £19,770.38 ( the settlement figure)from it"

Quote

 

letter.pdf

Not sure. I assume it was made by the ombudsman. I don't recall anyone mentioning an adjudicator. I'm expecting about £879 and the insurance company has sent a cheque for just under £453.

Hi all,

my car was written off by flood damage February last year.

I disputed the insurers valuation with the ombudsman after getting nowhere with the insurers own complaints procedure.

The ombudsman upheld my complaint and in November last year I got a cheque from the insurance company but it was well short of the settlement recommended by the ombudsman.

I did not cash or bank the cheque and referred the issue back to the ombudsman.

Since November they have been chasing the insurance company for clarification of how they came to the amount on the cheque but so far they have not responded.

Every time I email the ombudsman they say they are waiting to hear back from the insurer.

It seems to me that the insurance company regards it as a closed case because they have issued a cheque and the ombudsman regards it as a closed case because I accepted their recommendations (which as far as I am concerned the insurance company hasn't fulfilled).

if the ombudsman is getting nowhere

what options do I have apart from taking the insurance company to court?

It's a pretty sad state of affairs when the insurers start ignoring the ombudsman.

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

I recently rented a car via a 3rd party website. After the rental I found out I had been charged extra for damage and theft excess protection insurance by the 3rd party website on top of the quoted price.

I don't need the extra insurance as I already have travel insurance on my credit card which includes this. Upon checking their website I see it is checked automatically but not included in the headline price. It's up to you to un check it and opt out.

Unfortunately I missed this. I emailed them and asked for it to be cancelled but they refused on the grounds that the rental had already started. I booked the car 1.5 hours before pick up so there was no way I would have spotted this before I picked the car up as it didn't appear on my credit card statement until next day.

I thought all these pre selected charges requiring an opt out had been banned now. Is it worth disputing the extra charge with my credit card company?

Well I asked "watch it" how they got my mobile number and they said they had no idea so I should ask O2! Not sure I can be bothered banging my head against a brick wall with O2 but would quite like to follow this up and get an answer.