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    • 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!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Stop car insurance companies increasing premiums for INNOCENT VICTIMS on accidents


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Someone ran into my boot while I was stationery at a red light, and when I renewed my own insurance, the premium increased, even though it was a non-fault claim and I did nothing wrong.

 

Obviously if you cause an accident, that's your responsibility and you put your hands up and accept with dignity that you made a mistake and must pay a higher premium as a result. Fair play.

 

But if you are the completely innocent victim of an accident caused 100% by another driver, it is a complete and utter disgrace that more and more car insurance companies are now charging their customers for non-fault claims. The money for any car repairs will have all come from the guilty driver's company, so your own insurance company is not losing any money. You are completely innocent and yet you are being punished for being in the wrong place at the wrong time. These premium rises should not be allowed to happen.

 

Do people agree with this?

 

Recently while browsing on the web for the issue, I came across a petition on the 10 Downing Street website which is campaigning for this exact injustice to be banned. There is a reasonable amount of signatures so far. If you agree that this practice is completely unfair and you, or someone you know, is paying more as the result of a non-fault accident, why not sign the petition:

 

Petition to: stop insurance companies charging innocent people extra for insurance after a car accident when it was not their fault.

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I agree with this completely. While I haven't been in this situation myself - indeed, since I don't own a car, I do not even *have* motor insurance - I can readily see the injustice.

 

However, I am probably unable to sign the petition, since although I am a UK citizen, I am no longer a UK resident. I hope plenty of other people will sign it though.

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  • 4 months later...

I've just been talking to my neighbour and can't believe the nerve of her insurance company after what happened:

 

She was hit head-on by a drunk driver, who was on the wrong side of the road and my neighbour had no chance of getting out of the way as there is a wall on both sides of the road. The drunk driver was arrested, charged and has just been convicted, and has been found by both his and my neighbour's insurance companies as 100% liable for the accident.

 

My neighbour has just renewed her car insurance and her premium is 25% higher than last year. When she asked the company, they said the rise is due to her being 'involved' in that accident. Obviously there was absolutely nothing she could do to avoid that accident; her crime was being in the wrong place at the wrong time. Suffice it to say, she changed companies!

 

What an absolute disgrace! These vermin must be stopped, there must be some law created to stop these disgusting companies doing this to poor, innocent people.

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  • 2 weeks later...

You'll be pleased to know I've finally decided to sign this petition! It did seem kind of weird signing it, considering I work for an insurance company myself, but even after all these months that this issue has been discussed on this forum, I haven't been able to think of any justification for why innocent third parties should be charged higher premiums.

 

It may be statistically true that once a driver has been involved in a non-fault accident, it may slightly increase their chances of being involved in an at-fault accident (although I still have no idea why this could be so). However, I imagine that the extra risk (if any exists) must be very small, so I don't think it justifies increasing the innocent party's premium by 25%. It is my sad conclusion that companies might be doing this only for the extra money. I don't think this practice fits in with the "treating customers fairly" principles and I think that the increase in premium should be fully borne by the at-fault party, so the innocent party shouldn't have to pay any extra, once liability has been determined.

 

I would hope that insurance companies would collectively agree to abolish this practice voluntarily without having to be forced by a change in the law.

 

By the way, which company was the "vermin" involved in your neighbour's case (if she told you, that is)?

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  • 3 weeks later...

Hi all, first post and not good news.

Before becoming an independent mortgage broker, I worked for 6 years in a national car insurance company. This was always a tough one to explain to customers, and I’m sure your initial response will be the same, but here it goes.

Statistically, you are more likely to have a fault claim immediately following a non fault claim.

I know, I know, I know – but think this through… how do car insurance companies calculate their premiums? Statistical analysis of claims data. E.g. a barman will pay a higher premium than a bank worker because they have a higher claims ratio. Not necessarily because the bar worker is going to have a drink, but they work longer and later hours. This “homogenous exposure” is used and is backed up by reams of data that is constantly being updated. The statistics don’t lie and the client is always free to shop around.

 

Formermortgagebroker

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Thats ridiculous though - statistics are only meaningful if they mean something. I agree with statistical analysis, but that is like saying the people with ginger hair are statistically more likely to smoke - it is a meaningless relationship, and almost certainly because of too small a sample size.

 

Signed, as I wasnt even aware this occurred, and it is frankly disgusting.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thats ridiculous though - statistics are only meaningful if they mean something. I agree with statistical analysis, but that is like saying the people with ginger hair are statistically more likely to smoke - it is a meaningless relationship, and almost certainly because of too small a sample size.

 

Signed, as I wasnt even aware this occurred, and it is frankly disgusting.

 

 

OK - Insurance company A insures 10 bricklayers and 10 hairdressers on the same day on the street, driving the same cars. 12 months later 8 of the bricklayers have had claims and only 2 of the hairdressers have had claims.

 

Costs for the 8 bricklayers will go up because of the claims, but the cost for the other 2 bricklayers are also up slightly because "statistically" they are more likely to have claims based on that data. the hairdressers may even decrease. The 2 bricklayers that don't have claims suffer even though they could be the best drivers in the world, conversely the 8 hairdressers that didn't have claims could be the worst. This is direct stat analysis. There is a claims data base that I would say all insurance companies subscribe too. It contains claims for all drivers in the UK and is a fraud prevention tool.

 

The pool of data is quite large because insurance companies tend to market to a certain demographic: Sheila's wheels are women in general so they have a broad range of data on women drivers whereas diamond tend to be more competitive on young 18-30 drivers so their data is precise.

 

Another issue is the attitude of drivers pre and post claim. We have all jumped behind the wheel of a car and driven to where we want to go without thinking about it. It becomes second nature. After a bump however, your driving attitude changes, you were hit by an idiot so you are more aware and more cautious, which is understandable. But while you're looking to see if any idiot is going to hit you,you drive into the car in front of you. Once again the stats bear this out.

 

The insurance industry has enough problems with the mis selling of add-ons. And trying to get money out of these companies following a claim can be a nightmare. The issue of non fault claims costing you more money, as annoying and frustrating as it is, isn't going to change because it is proven theory.

 

Going slightly off subject, insurance companies don't make a lot out of insurance. The one I worked for was making £3 per £100, and that is a very profitable company, the sister company was paying out £101 for every £100 it was taking in so it was running at a loss. Insurance companies make their profit by selling add ons such as legal cover, payment protection and personal accident cover. The breakdown cover sold with a lot of policies was not as good as the cover you can get outside your local tescos. And don't get me started on claims.......

 

 

 

 

Formermortgagebroker

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Payment protection on car insurance payment. Supposedly to cover in the event of a job loss etc to cover premiums. Same as what’s sold on other products such as furniture etc.

Problem was, if you had a 12 month policy and lost your job after say 3 months, you would be required to pay the premiums as normal and reclaim them at the end of the policy.

This was under the General Insurance Standards Council. Not sure if companies are still flogging them, but I know they were between 1998 and 2004 when I was in the industry.

Can open, worms everywhere?

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  • 4 months later...

Mortgagebroker: how you you feel if it was you who was hit by a maniac and then upon renewal were accused of being a worse driver and forced to pay a higher premium through no fault of your own.

 

While I understand your analogy of bricklayers, it is unacceptable because in fairness the bricklayers who did not have an accident fully deserve to have a decrease in premium because they have not had an accident. What someone else of a similar/same profession does with their car is frankly irrelevant and does not affect your own driving one bit. Tarring people of the same occupation/sex/age with the same brush is completely unacceptable and uncondoneable. Fact: there are good and bad drivers of all ages, sexes and professions.

 

This is a case of using random statistics which prove nothing to punish innocent drivers with the sole aim of taking money off them. Typical insurance companies.

 

While statistics are often a good indication, they are NEVER a guarantee that one driver of a certain age/profession will be good/bad at driving. That is impossible to tell because all people are different and independent of each other.

 

Also I find the statistics relating to the "low" profits of insurance companies impossible to believe. The vast majority of people do not claim in any given year, and many people never claim full stop. Yet this overwhelming majority of people is paying hundreds of pounds each per year to the insurers. They must have absolutely bucketloads of cash. I appreciate that there are some big payouts with major accidents etc. but this is completely eclipsed by the tens of millions of people who pay large amounts of money each year but never ever claim.

 

Oh, and Lemon Twist: sadly she was discreet and chose not to say. I just hope it wasn't my insurer in case it happens to me!

 

We cannot predict when some moron is going to crash into our stationery cars so it is impossible to guarantee avoiding this situation. Therefore it is unfair that our premiums are increased for this.

Edited by Tom87
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