Jump to content


  • Tweets

  • Posts

    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   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 ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Accident and car insurance might be void.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4921 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm in desperate help here folks. Been literally worried to death about this.

 

Had an accident some time last month. The car infront took an emergency brake and I failed to stop. The car infront only had some minor scratches which probably cost £30-40 to repair where as ines was totalled, 15 year old banger.

 

The car is in my fathers name and I'm the second driver, rarely use it. However I'm scared my insurance may be void due to fronting. I didn't claim liability yet or on the day.

The other person is claiming some sort of injury but her car was alright just some minor issues on the bumper.

 

I'm afraid I may end of in debt £15-20k if the company voids the insurance and I'll be liable to pay even though her car was fine and she walked out uninjuried.

 

I've read a few threads and get a feeling I may be liable for the liability rather than the insurance company.

 

Any advise on what I should prepare myself, got the letter form the solicitor. I need to be prepared for the worst. Is it possible to declare bankruptcy, I can't afford to have my parents in debt because of this. They are both on minimum wages and have worked hard all their lives.

I'm prepared to have a crap credit report etc;

 

Thanks for any responses.

Link to post
Share on other sites

You should not worry too much. As long as the car is registered in your dads name and there is no evidence of fronting, then the Insurers will deal with the claim as normal.

 

Just let your dad deal with the claim, with you providing any information about the accident he might need. If you try to deal with the claim, it might look as if you have been fronting.

 

If the solicitors letter is representing the third party, then your dad needs to pass this onto his Insurers. It might be a good idea, just for him to send the solicitor a letter just saying that the letter has been passed to his Insurers, noting the name and address of the Insurers and the policy number. He should not make any comment about the accident or claim. The letter should simply supply the Insurers details and that the letter has been passed onto them.

 

You must let your dad and his Insurers deal with this. DO NOT get involved, apart from helping your dads Insurers with any information that they might need from you.

 

If you keep this simple as above and stop being paranoid about it, then you should be ok. People will always try it on when they have had an accident, so no surprise about the 3rd parties injury. This is for your dads Insurance company to deal with.

 

Stop worrying. Only the guilty should feel guilty. If you are not, then what is the point in getting stressed out about it. Most people have had accidents at some point in their driving life. Just learn from it, by allowing space between you and the car in front. Perhaps they braked to cause the accident. Some people do stage accidents, so they can make claims for injury.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Good advice. Let us know what happens

 

You should not worry too much. As long as the car is registered in your dads name and there is no evidence of fronting, then the Insurers will deal with the claim as normal.

 

Just let your dad deal with the claim, with you providing any information about the accident he might need. If you try to deal with the claim, it might look as if you have been fronting.

 

If the solicitors letter is representing the third party, then your dad needs to pass this onto his Insurers. It might be a good idea, just for him to send the solicitor a letter just saying that the letter has been passed to his Insurers, noting the name and address of the Insurers and the policy number. He should not make any comment about the accident or claim. The letter should simply supply the Insurers details and that the letter has been passed onto them.

 

You must let your dad and his Insurers deal with this. DO NOT get involved, apart from helping your dads Insurers with any information that they might need from you.

 

If you keep this simple as above and stop being paranoid about it, then you should be ok. People will always try it on when they have had an accident, so no surprise about the 3rd parties injury. This is for your dads Insurance company to deal with.

 

Stop worrying. Only the guilty should feel guilty. If you are not, then what is the point in getting stressed out about it. Most people have had accidents at some point in their driving life. Just learn from it, by allowing space between you and the car in front. Perhaps they braked to cause the accident. Some people do stage accidents, so they can make claims for injury.

Link to post
Share on other sites

Thanks for the reply unclebulgaria67.

 

I guess I'm over-reacting. Really appreciate the advice and will take on aboard everything you mentioned.

 

One more question, how can they suspect fronting?

 

They can suspect fronting from documentation for the car. V5 reg document, invoice/receipt for purchase, invoice/receipt for repairs/servicing, who paid the car tax. etc. They will request all the documents to do with the car and they will check as much as they can. They will also request copies of driving licences and will check for any offences. If they find out information about the main driver e.g. they claimbenefit for a disability that would affect driving, then this might suggest that someone else is the main driver.

 

Insurers will ask for information, so that they can investigate as far as possible, whether the information given to take out the policy was correct. If your dad gave accurate information, then it would be difficult for the Insurers to prove who had actually been the main driver.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

They can suspect fronting from documentation for the car. V5 reg document, invoice/receipt for purchase, invoice/receipt for repairs/servicing, who paid the car tax. etc. They will request all the documents to do with the car and they will check as much as they can. They will also request copies of driving licences and will check for any offences. If they find out information about the main driver e.g. they claimbenefit for a disability that would affect driving, then this might suggest that someone else is the main driver.

 

Insurers will ask for information, so that they can investigate as far as possible, whether the information given to take out the policy was correct. If your dad gave accurate information, then it would be difficult for the Insurers to prove who had actually been the main driver.

I can confirm by father paid for the MOT and TAX and his name is on the V5 documents. Neither of us have any sort of convictions before or related accidents.

 

Been just readig this:

 

If an insurance company believes "fronting" has taken place, it can refuse to pay any claim. The young driver can then be treated as driving without insurance and face a fine with six points penalty points on their licence.

I guess Insurance companies will have access to everything. :jaw:

Link to post
Share on other sites

If an insurance company believes "fronting" has taken place, it can refuse to pay any claim. The young driver can then be treated as driving without insurance and face a fine with six points penalty points on their licence.

 

 

Insurers should investigate first and not make allegations that they can't prove. They can believe what they like, but this must be backed up by information that they have found to come to this belief.

 

If I were you, I would stop reading some of the stuff online. Yes there are some idiots out there who have been fronting and been caught out. That is their problem.

 

Sometimes these online forums can be a breeding ground for hysteria.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Insurers should investigate first and not make allegations that they can't prove. They can believe what they like, but this must be backed up by information that they have found to come to this belief.

 

If I were you, I would stop reading some of the stuff online. Yes there are some idiots out there who have been fronting and been caught out. That is their problem.

 

Sometimes these online forums can be a breeding ground for hysteria.

My father is telling me the same thing although his just trying to help me stop worrying about this. His been very supportive and caring, which is all that matters. Glad his around to help me. :madgrin:

 

Though a good lesson learnt for next time, thanks again for the help.

I'll just keep my head up and see what happens.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...