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    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
    • Just to clarify - I make use of evening legal clinics. It is not always possible to see a lawyer (they have limited time and days/week).  This means questions one has may never get answered or there's weeks between follow-ups.   To be really clear - I am representing myself; I am playing at being lawyer/ barrister - which means I take help wherever I can get it (and then research it thoroughly). Ae - a judge in a recent hearing pointed out the receiver is not part of my current proceedings - and suggested I have a separate claim v the receiver. Disclosure has presented damning evidence v the receiver  The receiver against whom I have a complaint is not part of the receiver governing body.   The receivership is in 2 names - a joint one.  My complaint is directed at whom I was told is the lead receiver.  The other named receiver IS a member of the governing body.  But he has now left the company.  And the lead receiver has retired - but is still a working consultant on my case.   All the evidence shows it was the 'lead' receiver who was doing all the  work/ the misbehaviour.   But if the appointment was 'joint' would I make a complaint against them both?    I am sure that wouldn't go down well with the other receiver who is at the beginning of his career. The law is very much against borrowers.   But the evidence against this receivership is crystal clear.   I just don't know how and to whom to complain.   The places I've tried so far don't offer much transparency       
    • Ok, noted, thanks again. I'll share details of every communication received just to make sure.
    • Yes. I sent back the PAP form stating they hadnt supplied the correct paperwork and that pdf is what they sent back
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can i claim this back??


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Hi

 

I purchased a car 2 years ago from Bristol Street Motors and the finance was through british credit trust. When i purchased the car, Bristol Street Motors told me i "had" to take out the 3 year GAP insurance at a cost of £599, otherwise i would not be able to get the finance for the car! I saw on another thread that someone had asked if they could claim back the GAP insurance and someone told them they could.

 

Is this correct? can i claim it back?

 

thankyou

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There are two main types of GAP Insurance:-

 

1. GAP Insurance taken out within 3 months of delivery of a new car – this insurance covers the shortfall or "gap" between the insurance settlement and either the original price paid, a new for old replacement or any finance that is outstanding.

 

2. GAP Insurance bought more than 3 months after delivery or on a vehicle that is over 5 years old – this insurance covers the shortfall or "gap" between the insurance settlement and a Parker's Private Good valuation of the vehicle.

 

GAP insurance is generally required if you take out a lease agreement because although the car is still owned by the dealership or car manufacturer the lease holder is financially responsible for the vehicle. GAP insurance in these circumstances makes perfect sense because it protects the lease holder from financial loss in the case of an accident and we've all heard about people who have lost out when their vehicle has been written off by an insurance company.

 

However, GAP insurance is not always required, is not always suitable and can be missold. It may be missold by dealerships who want the extra money or who are ignorant and just automatically add it to the loan or lease agreement without advising the buyer of what it is or asking them if they want it.

 

As a consumer, you have the right to refuse gap insurance and to be given the appropriate advice.

 

You may not need GAP insurance if:-

 

-- You have adequate cash reserves to cover the shortfall between the insurance settlement and value of the vehicles, and so do not want to pay insurance premiums

 

-- You are already covered through your motor insurance

-- The loan agreement covers any gap in value

-- Your vehicle is heavily discounted so there would not be a gap in value

 

In these circumstances, you would want the option to refuse GAP insurance as it is not relevant to your circumstances. If the GAP insurance is not needed then it can be deemed to have been missold if it was added to your loan, hire purchase or lease agreement.

 

If you have found that GAP insurance has been added to your agreement without your knowledge, where it is not needed or where it is even invalid, then you may be eligible for claiming a refund of policy premiums paid on this missold GAP insurance policy

 

nicked from another site...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

The GAP insurance was taken out when i completed the relevant forms with the dealership. They told me i had to have it, otherwise i would not get the finance. They told me that if i had to claim if my car was stolen and written off, NOT to claim through my own insurance, but to claim from the GAP insurance because it would cover me more financially than my own insurance would. EG.... IF vechicle was written off, my own insurance would only pay "bottom book" GAP insurance would cover say if i paid £10k for the car, i would get £10k back. Don't know if this is true or not but thats what they told me. I have fully comp insurance myself, and although GAP insurance sounds good, if its true what they tell me, but if its not, then im paying 2 lots of insurance?

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reclaim it!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

is there a standard letter to send to claim back GAP insurance? Also, if i claimed it back successfully, the lender would obviously have to recalculate my agreement yes? Would they recalculate it for the period of time that is left (which is 3 years) or would they recalculate it for the whole 5 years?

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they cannot make yousign a new agreemnet nor vary the term, it will be a restucture over the same period but at a lower PCM.

 

no std letters

 

see the stickies at the top of the forum.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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