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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check and if I still am,  I am going to discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
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    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
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    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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M&S Car Insurance


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I recently cancelled my direct debit for the car insurance as the vehicle has been sold and the policy is no longer required.

 

Just received a letter stating that if dd not put back in place then the policy would be cancelled, fine I thought. Called M&S to tell them that the policy was no longer required.

 

The person on the phone then said this was not a problem and that the policy was cancelled immediately, they then went through a number of figures and stated that I now owe them a large sum of money.

 

I questioned this, to which the person said we will atttempt to take it by direct debit which I said you will not, I was then told you must pay by credit or debit card again I said no, and stated that I would like to see an invoice to ascertain what these costs were.

 

My question is what are they trying to charge me for and secondly is this allowed?

 

ska

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Right, firstly what does it say in your policy regarding cancellations?

 

Secondly, just because you were paying monthly doesn't mean that you were receiving cover on a monthly basis. It was just a way of spreading the cost of a year's policy (with added interest of course). You can't get out of a policy these days without some kind of fee being charged. Of course if it is outrageously big then I would certainly recommend kicking up a fuss.

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I am just digging out the policy docs at the moment, secondly the fee seems overly high to me.

 

Can they just take a direct debit despite it being cancelled and my telling them that I do not give them permission?

 

Also when I took the policy I knew that it potentially would not be for the year and I questioned them on this and was told not a problem and that there would not be any significant charges applied.

 

ska

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If you cancel your policy:

 

1 month 20%

2 months 30%

3 months 40 %

4 months 50%

5 months 60%

6 months 70%

7 months 80%

8 months 90%

9 months onwards 100%

 

No claims have been made on the policy and no mention of additional charges.

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I am assuming those figures are based on having bought the policy in full and represents how much of the total policy cost you are liable for. So if you cancelled a £200 policy for argument's sake within one month you would pay £40 so got a refund of £160.

 

It becomes more complicated when you spread the costs by DD. Going to need some figures here.

What was the cost of the policy (including any interest charges for paying by DD) and how many months into the policy have you cancelled?

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Right, I'm guessing their argument is that you would have paid them £436.85. With it being 8 months into the policy you are liable for 90% of the total cost.

 

Therefore 436.85 x 0.9 = £393.17

 

Then if I understand your payments correctly it would be:

33.07+36.78 and seven months @ £36.70 means you have paid off £326.75.

 

The difference between those two figures would be £66.42.

How much are they asking for?

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Yes correct on the number of payments made, no mention of admin charges except for the following

 

OTHER CHARGES: ADMINISTRATION FEE - If you make an underwriting change to your policy after the first 14 days, we may charge an administration fee of £25.

 

ska

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It's possible that they are putting an extra 25 quid on and that takes us up to 91 pounds-ish which matches the figure they are quoting you. With it all being written in the T&C it looks like they have got you there I'm afraid... :(

 

It is galling to have 67% of the cover (8 months out of 12) and pay 90% of the cost...

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You can certainly querry it, however in my experience, if it's written in the T&C they won't be interested in any complaints you make. Insurers are like any large financial institution, pretty vile :)

 

It's because of things like this that I rarely cancel insurance and just let it run even if I no longer need it as it often pays dividends in the form of NCB for example.

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My advice is to pay up, as otherwise you will come to regret it. The Insurers will count non payment as a debt like any other. After writing to you, if you did not pay, they would pass this to a debt collection agency, who would attempt to collect, adding their own fees, making the amount owed a lot higher. If you did not pay, they would add this debt to your credit record as a default. It is also possible that they could take you to court and obtain a CCJ.

 

For £91, I don't think it is worth the hassle.

 

You are of course entitled under FSA rules to ask for a full breakdown of the cancellation charges in writing, before you make payment.

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I have already asked for an invoice with a full breakdown of where these costs are coming from. I no doubt expect that this will not be what they send but I will then request in writing and until such time as they produce the breakdown I will consider the account to be in dispute.

 

A disputed account can not be passed legally to a debt collection agency and the DA will drop it like hot potato when they know the account is in dispute.

 

ska

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