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    • so the debt is statute barred then more than 6yrs since your last payment?  
    • what is an OCA letter? you follow post 2 as stated. dx    
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? CA Auto Finance UK Limited How many defendant's  joint or self ? One (self) Date of issue –  02 May 2024 Particulars of Claim What is the claim for – Unpaid car loan 1. By an agreement in writing dated 26 November 2015 and made between the Claimant and the Defendant, the Claimant loaned the Defendant a sum of money. The agreement was Regulated. 2. The Defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant. 3. On the 7 February 2019 the balance due from the Defendant was £8,196,38. The Defendant has paid £0.00.       THE CLAIMANT THEREFORE CLAIMS  1. £8,196,38 2. Contractual interest to the date hereof £0.00 3. Further interest at 10.70 per annum (£0.00) per day until judgement or sooner payment. 4. Costs to be assessed. CLAIMANTS CLAIM £8,196.38                                         What is the total value of the claim? £8751.38 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car Loan When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? In Branch Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor was FCA Automotive Services UK Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? No and No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Unaffordable What was the date of your last payment? Feb 28 2018 Was there a dispute with the original creditor that remains unresolved? Yes (irresponsible lending and they did not supply all documents when CCA sent. The Terms and Conditions they sent as part of the request were different to the original Ts and Cs. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Motorbik accident claim - MIB


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Hi,

 

Im in the middle of an ongoing claim from December 2006 when I was knocked off my motorbike.

The bike was written off, the other party has been prosecuted for driving without due car and attention and having no insurance.

My injuries were mainly around my groin and have taken over 18 months to be properly assessed and has come back with a statement that it is likely I will now require IVF to conceive.

I am using an insurance appointed solicitor, provided as part of the legal cover with my policy.

 

Can anyone advise on two things -

 

1, I have been told that claims must be resolved within 3 years.

Is this 3 years since the date of the accident or 3 years from filing a claim with the solicitors?

I am concerned that the 3 year mark is fast approaching and noend is currently in sight.

 

2, As the other party was not insured the damages/compensation will be coming from the motor insurers bureau who I have been warnd will attempt to limit any compensation given.

On that basis what can I realistically exect to be inlcuded in the claim?

So far the following has been mentioned -

  • The cost of the motorcycle and equipment (helmet/leathers)
  • Estimated cost for IVF treatment
  • Estated cost of semen banking (as advised by medical consultant)

Further to this no one has brought up anything to do with the distress the accident caused (including the distress that me and my parting have undergone not knowing if we will be able to have children), the 2 months I was forced to take off work due to my injuries, any mention of the psychological effects of the accident as I still have an involuntary shudder when crossing some roads and junctions.

 

I dont want to sound money grabbing here but I do want to make sure dont get fobbed off with the first figure they offer and am hoping to find out what they should be taking into account to ensure nothing is left out.

 

Many thanks in advance, DB

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Hi DB, sorry to hear about your accident.

I can only tell you that you have 3 years in which to file a claim.

Also when I had my accident I was compensated for loss of earnings as well as travel costs to and from the hospital.

hope this helps.

 

Ben1305

My opinions are my own and not those of anyone else :D

 

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