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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • 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.

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Should I pay a debt I don't feel I owe?


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Hi, I am being chased for a small debt from Elephant car insurance.

The story.

I had my car insurance with them for one year paid in advance. At the end of the year they sent a renewal which they could not charge for as my card details had changed. I was looking around for a better deal. A couple of weeks after the end of the year during which I didnt use the car, I phoned them stating I had been offered a better deal could they match it. They couldn't so I said, well I'm not renewing. They said they would be charging me for covering me for the time from when it ended till I cancelled. I wasn't happy with this but if thats the rules I was willing to pay. However they are charging me an administrive fee of £45 on top for cancelling, which I don't want to pay. As I feel I shouldn't have to pay a fee to cancel a policy I only had for a year.

I am now getting texts and phone calls and letters from a debt collection agency. The debt was £65 and they now want £85 with threats it will go up. The money is not a problem to me. I can afford it, but I feel I am being bullied and I don't like it.

What I'd like to know is where do I stand legally? Can they just charge what they like? Should I just pay to get them to go away? If I don't pay, how much could it end up costing me?

Thanks

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Hello and Welcome, Hearts. (sound username by the way ;))

 

Sorry, I can't help you with your problem. I think this thread would get a better response in the Insurance Forum.

 

I'll ask a Mod to move this thread.

 

Hopefully you'll get the help you require.

 

Please keep to one thread.

 

Regards.

 

Scott.

Edited by maroondevo52
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Thread moved to Insurance Companies Forum. I'll remove your duplicate thread hearts so that all advice on your situation is in the one place.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This sounds like it might be a case of dual insurance. If you cancelled the Elephant policy after the renewal date, you would have still been covered by them for a few days, which is why they charged you. What date did the policy with the new company start from? Was there any overlap between the 2 policies? If so, then what you would need to do is send Elephant proof of your new policy, and then they shouldn't charge you for the period of cover between the renewal date and the cancellation date.

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No it's not dual insurance. I didn't insure it. I never use it so it's been garaged since. I use the wife's as I'm on her insurance.

 

All I want to know is am I owe them this money? As I sadi fair enough I cancelled late and I owe them for this but are within their rights to add on extras?

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I'm afraid it is standard practice for a cancellation fee to be charged if you cancel a policy mid-term. The FSA rules say that insurers are not allowed to charge anything that could be classed as a penalty. So, if you believe the charge is a penalty and you are not given any evidence to the contrary, then you could dispute it in that way.

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Thanks, the thing is though my policy was only for 1 year, so I assumed it ended after the year. Now I can understand that, they in continuing the policy would expect payment for that time but surely this should be pro rata 52/3 of the cost if it overrun by 3 weeks or whatever. My thinking was that as I never renewed then why should I pay extra to cancel.

If what you say is right I'll pay I just want to know that in my case it applies. If you think it does then I'll accept your word.

Thanks

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Yes you're right, as the policy was only for 1 year, the contract ends after the year is up. However, nowadays most policies auto-renew, particularly if you pay by monthly direct debit or by credit card with continuous authority.

 

The insurer will send you a renewal document stating the new premium, 21 days in advance of your renewal date. If you don't want to renew, you are required to contact them before the renewal date to say you want the policy to lapse. If you contact them before the renewal date, they won't charge a cancellation fee.

 

If you don't contact them, they will assume you want the policy to continue and it will auto-renew for another 12 months. As you went into the 2nd year of the policy, that is why they charged you a cancellation fee.

 

I hope this clarifies things.

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