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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 xx/xx/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 xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/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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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car Accident on Friday past and other party now concocting a get out story.


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Been awhile since I have had any input on this thread but, after 80days of the other party's insurance dragging their heels and my insurer failing to gain a copy of the CCTV before he 30day write over loop etc, etc, finally the other party's insurer has accepted liability after two independent witnesses confirmed my version of events.

 

Have already had my car written off and payment received (still searching for replacement). Having failed to take legal cover with my insurance policy I have already spoken with my solicitor regarding this accident and he, advised me today that I no longer need him as my insurer SHOULD run with this now that liability has been established with third party.

 

I then spoke with my insurance and they said no!!??

 

Is this normal? I need to claim back my excess already taken from my settlement and after speaking with a "friend" advised I should be claiming back the premium increase I will get at renewal as a result of this accident!? .... Is this true?

Finally, my own insurance have told me that they have "Personal Injury" on their system for claim!??

 

So, should I now expect my insurer to now run with the baton as my solicitor suggested? .... Or should I go with my own solicitor? ..... Or dare I say it, do I go with one of those ambulance chasers as advertised on mass media?

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  • 1 month later...

On Friday past I called my Insurer and asked that they kick this can up the road as the other party's insurer had ignored all previous correspondence, this morning was called by my claims handler and told that my insurance had threatened legal action if they had not responded in 14 days and three days later the other party's insurance has admitted liability!

 

 

So, I asked my insurer what do I do now!?? Can I have my excess payment back please! What about personal injury/inconvenience,costs incurred?

I was told that my insurer would be pursuing their costs, hire car etc and I would need to appoint my only solicitor to pursue my own costs!!?

 

Is this normal? If so am I better using my local solicitor or one of those ambulance chaser outfits?

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Yes, that is correct.

 

Personal injury and your out of pocket expenses are "uninsured losses" so you need to claim them yourself or appoint your own solicitor.

 

If you choose the solicitor route, make sure they're a personal injury specialist firm.

 

Just Google "injury lawyers" or something similar and pick one.

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This is normal, the insurance excess is what's called an uninsured loss so it's not the insurance company's responsibility to recover it (sometimes they do it off their own back).

 

If you have an injury you should really instruct a solicitor. Which solicitor is entirely up to you, there are reviews of various solicitors online, and your insurance company may be able to recommend one. Otherwise see if there's a local solicitor who does PI work and can give you a free 1hr initial appointment.

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  • 2 months later...

As an update this thread is now concluded. After months I pushed my insurer to call the other party's hand and give them an ultimatum which they did. Finally the other party's insurer based upon the statements provided by my independent witnesses and the photos provided admitted responsibility!

 

So, I asked them to refund my Insurance Excess and they stated that they would include it amongst their charges for hire car etc. Yesterday it was six months and a day and I decided that I wanted this episode done & dusted, contacted my Solicitor who advised me to first call the other party's insurance and deal direct with them. I did and in an afternoon the other party's insurer refunded my excess deduction, refunded me my expenses incurred including transportation of replacement car from England to Ireland and a compensation award for the seat belt injury suffered in the accident.

 

No solicitors, no other party acting on my behalf, just me being polite, firm and fair got the episode concluded. So, if you are involved in a non fault accident and like me have no legal cover, do not fear taking insurers on yourself.

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