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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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      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.

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non contact accident


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Please bear with me first accident in well over 10 years.

 

Coming out of a junction last night saw a moped with no lights at last moment, so stopped.

The moped skidded and fell over.

The rider stated if it hadn't been raining he would have stopped okay.

 

He said he was okay, but we exchanged telephone numbers and parted ways, and he said he would call as it only looked superficial.

 

I'm not sure if he wants to pursue a claim,

do I report it to my insurance now,

or wait until he contacts to see what he wants to do.

 

Realised today that even though there was no contact and he fell due braking sharply in the rain,

could be seen as a non contact accident.

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I would expect you would both suffer severely if your relevant ins co's got wind of 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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Not sure that's helpful, but having had a read of some of the thread stickies I aim to phone my insurance tomorrow, irrespective of whether the guy calls me or not. Then at least if something happens later at least they are aware of it and I can refer them to my insurance.

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and still get hammered by increased premiums...

regardless to if it goes anywhere...

 

 

what are you afraid of

are you guilty

did you do something wrong?

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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Not sure that's helpful, but having had a read of some of the thread stickies I aim to phone my insurance tomorrow, irrespective of whether the guy calls me or not. Then at least if something happens later at least they are aware of it and I can refer them to my insurance.

 

If you read the terms of your policy it tells you to report all incidents, where a claim might be made. Then you have protection of the Insurance if the moped rider decided to claim.

 

Just make sure, it is recorded as an incident and not a claim event. At the moment you are not expecting any claim to be made.

 

Yes your Insurance premiums might be affected for a few years, even if no claim is ever made. This is why a lot of people don't report to Insurers, because they are unhappy paying extra premiums in these situations, when the Insurers never paid anything out in a claim. Given you pulled out of a junction and a moped rider crashed, on balance you might decide to report, as the rider may have suffered an injury not noted at the time.

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I'm sure that many policies state collision.

 

What happened in your case was a bloke fell off his moped in sight of you.

 

TBH a moped ridden without lights on a wet road probably doesnt have insurance and possibly not registered to the rider either!

 

I wouldnt have even exchanged details but would have told him that he would get reported for riding without lights and hope that he gets done for riding without due care etc as well.

 

doing what appears to be the right thing always creates more trouble.

 

I had an increase in my premiums this year for a non-event 3 years ago that for some reason an ex-insurer has now decided to pay out on without bothering to inform me.

 

they also actually put on the database that it was my wife involved so doubly unhappy

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Thanks for the replies.

My insurance said they normally only record collisions as claims, but as it was a moped there is higher likelihood of a claim so opened one as notification only, and will be closed if no claim comes forth.

 

That said if he hasn't contacted me in 3 days, then most likely he won't, but at least should there be some form of retrospective injury claim in the next 3 years I have notified my insurance.

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Thanks for the replies.

My insurance said they normally only record collisions as claims, but as it was a moped there is higher likelihood of a claim so opened one as notification only, and will be closed if no claim comes forth.

 

That said if he hasn't contacted me in 3 days, then most likely he won't, but at least should there be some form of retrospective injury claim in the next 3 years I have notified my insurance.

 

 

Not strictly true.

You need to clarify exactly how the incident occurrd.

For example

Were you turning out of a junction onto the major road and the moped was on the major road?

Forget the no lights on for the moment

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In my experience once you tell your insurance about any possible future claim or near miss like in this case, they stick it on their database as a notification.

 

This will need to be declared when renewing insurance and of course will pump the price up.

 

The op didn't have any choice really, because if he hadn't reported this "incident" and the biker had made a claim, he would have suffered the insurance finger pointing for not reporting it.

 

This industry needs to be regulated as a matter of urgency.

The scale needle is leaning dangerously in favour of insurance at the moment and consumers are forced to fight them unnecessarily even when they clearly make mistakes.

 

One thing I never understood, everywhere in Europe you insure the car and anyone with a valid licence can drive it, in UK you have to declare who will drive it.

 

Surely some drivers are more at risk than others, but when my insurance tells me that they are increasing the premium because other drivers make lots of claims, where's my reward for driving carefully?

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There is always a decision to be made, whether you advise Insurers of an incident.

I would say the main factor is whether a third party could have been injured.

If this is a possibility, always report to your Insurers, even if you think you had no responsibility.

 

 

Reason for this, is that a third party might describe an accident in a way that is not accurate,

but if you don't have CCTV/dashcam or independent witness statements,

then it is very difficult to dispute.

Insurers might accept the third party claim.

 

UK Insurers are regulated. Consumers are not educated enough and don't take enough interest until they need to make a claim.

 

I agree that vehicles should be Insured for third party risks, possibly as part of the vehicle tax system. Then if people want to, they can take out further Insurance to cover what they want e.g fire, vehicle damage, legal cover.

We could do with some help from you.

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Is it more insurance company will see the side of the third party and settle rather than the insured party and fight it?

 

This might be my first "incident" in over a decade, but seriously considering getting a front & back dash cam, just in case.

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I fitted dashcams in both my cars after my wife was hit by a guy paying attention to his dreams rather than the road.

He then declared to his insurance that he wasn't at the scene of the accident, but how did he know we were going to contact his insurance?

It took almost two years to sort out, a dashcam would have shown exactly what had happened.

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Dashcams will become standard manufacturers installed features at some point. And if this happens, then you can bet Insurers will start asking for recordings for every accident event, even when it is unhelpful to their policyholder.

 

Interesting issue for Government and ICO to think about in regard to Data Protection.

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

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if you had passed the white junction give way line into the road then stopped...you need to be very careful here regardless to the no lights issue

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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