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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • 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
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • 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.
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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.

      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.

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      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
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Do not buy Insurance online if you have had claims


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I have come across too many complaints about policies being cancelled, when claims have not been disclosed properly when buying Insurance online.

 

The Insurers don't always check the CUE (claims & underwriting exchange) when you buy Insurance online. They then check the details you have disclosed against the CUE database, which is a central claims database used by Insurers. If the details don't match up the Insurers will come back either asking for extra money or to say they have cancelled the Insurance. If they cancel the Insurance, you may not get much notice of this. Insurers are supposed to issue a letter or sometimes email giving 7 days notice of cancellation. But sometimes this is not received or until after the 7 days.

 

There is also the possibility that undeclared claims will not come to the Insurers attention, until you try to make a claim. If this happens, it could put you in a very difficult position. In some cases, the Insurers could void the policy from inception and not cover your claim.

 

The advice is not to buy Insurance online, if you have any claims to declare. You can get some indicative quotes online putting the claims information you have in, but you should really phone companies to arrange the cover. Make sure you are giving accurate claims information and the Insurers are happy to arrange the cover. If you are in any doubt, about claims details, obtain them from your previous Insurers. They are sometimes listed on the renewal notices received.

 

If in doubt speak to Insurers or a brokers. Do not arrange cover online, unless you are confident you have the accurate details to provide.

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Read out customer services guide when you contact them and keep any recordings or logs

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I found that after you purchase insurance and they send you the paperwork, half of the details are wrong so you have to call them anyway.

They always mess up my eu licence with a uk one.

Never had a problem changing the policy details, but annoying nonetheless.

I had my first accident in 20 years driving this year, so I will pay attention to this issue.

Thanks.

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Yeh, I agree with the view, if you are unsure of the claims history, speak to someone.

 

The alternative is you can still get the quote online, just ask them to call you prior to proceeding, it's not that easy if you are doing it at midnight, but if you do it in the daytime, boy, do they call you back fast.

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Ask the claims department for the underwriters for the reserve amount they have set against it.

 

Make sure the new insurer knows the claim is ongoing, and how you got the figure if you go with them.

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Ask the claims department for the underwriters for the reserve amount they have set against it.

 

Make sure the new insurer knows the claim is ongoing, and how you got the figure if you go with them.

 

Ok, thanks

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  • 2 years later...

err, why wouldn't you declare all of your claims and/or driving convictions - as you are required to do? Why would the same as what you say, not also apply to buying a policy via some other route - that is to say, not declaring your past claims may also cause a subsequent problem?

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err, why wouldn't you declare all of your claims and/or driving convictions - as you are required to do? Why would the same as what you say, not also apply to buying a policy via some other route - that is to say, not declaring your past claims may also cause a subsequent problem?

 

Online transactions which require a consumer to provide accurate information and to understand everything are more risky to the consumer. If you are organised then of course you will enter full correct details, but many people are not great with details. They don't remember dates of claims, which might be important i.e was it within the declarable period. If people have had several claims, they might get one date wrong and the Insurers would not have provided Insurance with the correct information.

 

There is also a problem in regard to when Insurers check CUE to see whether info declared is accurate or not. Not all Insurers check CUE automatically at quote stage. It might get picked up later and cause a problem.

 

Generally, i find that consumers are more likely to be prompted during a conversation to check claims history. During a conversation it might become apparent that the customer does not have claims info from previous Insurers. The Insurance clerk can therefore suggest the customer finds out the full correct details of claims.

We could do with some help from you.

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