Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Insurance Policy

    Hi,

    Sorry if in wrong forum!

    I am being chased for an alleded small debt from a car insuranceicon policy I cancelled years ago.

    I assume I can't CCA the DCAicon as this wouldn't have been a credit agreement? Is this right?

    I want to to get a letter off today basically asking, to see why and if they have proof of the debt.

    Is there anything specific I should be writing?

    Thank You

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  2. #2
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    Default Re: Insurance Policy

    I had a run in with Budget,and this eventually got them off the case:-

    No advice has been given showing how the above sum has been achieved,therefore in line with the Consumer regulations of 1999,this charge must reflect your ‘actual or real loss’,and to this end please advise a Breakdownicon of all costs in regards to your actual loss,and that this charge accurately reflects your true costs in relation to the said charge.


  3. #3
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    Default Re: Insurance Policy

    The alleged debt has been passed to a debt collecting agency. It's for just over £50, but I would like the DCAicon to supply me with details of this debt, as I'm sure by law they would have to have some kind of proof etc.. to chase me for this.

    Would a CCA letter work at all?


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    Default Re: Insurance Policy

    not for insurance, but you could S.A.R. the original insurer, or send them a letter asking for clarification of how this debt arrived.

    When did all this begin? I.e. has there been a 6 year period where you haven't acknowledged the debt in writing / or by payment?

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.

  5. #5
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    Default Re: Insurance Policy

    I was under the impression that (and indeed if you were).....that if you paid by monthly direct debiticon then it was under the Consumer Credit Act - I know mine is definately covered by the CCA (if I signed it of course) !!!


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    Default Re: Insurance Policy

    Quote Originally Posted by 42man View Post
    I was under the impression that (and indeed if you were).....that if you paid by monthly direct debiticon then it was under the Consumer Credit Act - I know mine is definately covered by the CCA (if I signed it of course) !!!
    Generally, if the insurance is paid via a loan, where you agree a monthly repayment for a loan, then the loan for it is credit and so will be regulated.

    if you pay the insurance monthly, when it becomes due, it will not be regulated.

    further, some costs involved in an insuarance contract (i.,e. excess) are not credit, and so would probably not form part of a regulated agreement.

    All this is further complicated by the fact if they claim on the contract it is a regulated agreement, then it will be a regulated agreement even if, otherwise, it would not be. (The estoppelicon doctrine).


    Isn't life nice and simple, LOL

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE