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    • 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Morethan changing excess percentage before claim


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Hi All,

 

I'll try and keep this as succint as possible, I just want to gauge some opinions on a current issue I'm having with morethan pet insurance.

 

Our cat is 13 years old and requires surgery costing up to £8k. We've had our policy since he was 8 weeks old, with the same provider (morethan), and have never made any changes to the policy ourselves. The cover limit is £8k (plus whatever excess fees, which we'll get to)...

 

The last paperwork we received from them was the payment schedule this time last year (it also detailed the policy renewal date as 5th June 2018; we were yet to receive the payment schedule, which seems odd considering 3 weeks have passed since the renewal date). On the last payment schedule it detailed the t&c and we noted that as the cat was over 9 years old we'd pay £150 plus 10% of the final costs. Fine. So we go ahead knowing that that's affordable. The cat had the operation today and is recovering well.

 

Also today (29th June) we receive our updated payment schedule (not by accident might I add - we had to phone to request this amidst the cats problems as we knew we'd need to show it to the vets) - now, the policy schedule says that as the cat is over 9 years we have to pay 20% of the final costs- instead of the 10% we were expecting as detailed on lasts years schedule.

 

My wife phones up the insurance company to query this and apparently they changed their excess structure in December 2017 and notified their customers - needless to say we didn't receive any notification from them.

 

So we're in a position with the vets bills coming in soon, and we'll have to pay double what we expected - if we'd known about the 20% we probably would have held off and had him monitored for a few more days before resorting to an op.

 

Naturally I'm suspicious that as the insurance company were aware of the claim incoming when we phoned to request this years they schedule, they took advantage of the 'between policy period' and have doubles our excess percentage! I can't see any excess percentages detailed on their website - are they done on a customer by customer basis, does anyone know?

 

Can anyone offer any sage advice as to our situation?! Do we have any legal footing due to the fact that we've not been notified of the changes?

 

Well, that's all folks, thanks for listening, and thanks in advance for any help!

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get them to prove they sent out the unpdates in the beginning of the year. there is alos a reasonable expectation that as they havent notified you beforehand about the changes that they werent in force at ther time you called them. Did you pay them on the 5th of june or at least before the op? Is it a fixed amount on a monthly basis or an annual charge

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get them to prove they sent out the unpdates in the beginning of the year. there is alos a reasonable expectation that as they havent notified you beforehand about the changes that they werent in force at ther time you called them. Did you pay them on the 5th of june or at least before the op? Is it a fixed amount on a monthly basis or an annual charge

 

Thanks for replying

 

We've always paid monthly by direct debit. I don't have the document to hand right now, but I believe each month is a fixed payment of £30 something, and the last payment for that year was at the end of May 2018. We've always just let it roll over year on year, and the cost has gradually risen with the cats age.

 

Our first conversation with the insurance was this Tuesday 26th, when we needed to call to give the vets permission to deal directly with the insurers and request the new payment schedule. Nothing was mentioned at the time about the excess, and we didn't asking as we assumed we had the correct info already on that front

 

The woman on the phone said it predated her employment but she believes everyone would have been written to in December. In terms of proof, what would be considered as evidence for them? They wouldn't have sent the letters recorded delivery, so even if they have some kind of proof of postage, there's no evidence that we were in receipt of anything

Edited by theboywilliams
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The woman on the phone said it predated her employment but she believes everyone would have been written to in December.

 

That sounds like a typical call centre person whose general insurance knowledge is weak.

 

It sounds as if this is an annual policy renewable 5th June. You pay the premium by monthly instalments but that's not relevant to the cover.

 

In annual policies the conditions that apply, including the excess percentage, is what is recorded in the policy in the policy at last renewal date. As a general rule insurers cannot change those during the 12 month period of your policy. Insurers may well change their standard policy wording in December 2017 but they can only apply it to individual policies as they come up for renewal. So the higher excess percentage could have been applied to you only from 5th June 2018, and that change would have to have been clearly advised to you prior to renewal.

 

So when did you submit the claim to morethan? If it was prior to 5th June 2018 the excess percentage should be the one you renewed the policy on in June 2017.

 

 

I don't know their actual pet insurance policy wording but that's how insurance normally works.

 

But if you didn't notify the claim until 26th June, after you had renewed the policy for 12 months, then the excess that applied from renewal 2018 will apply providing the renewal invitation they sent you included details of the increased excess percentage. When you got the documentation isn't so important. What's important is the paperwork they sent you before 5th June telling you what the renewal premium would be. Did that say in it somewhere that the excess percentage was increasing?

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It sounds as if this is an annual policy renewable 5th June. You pay the premium by monthly instalments but that's not relevant to the cover.

 

So when did you submit the claim to morethan? If it was prior to 5th June 2018 the excess percentage should be the one you renewed the policy on in June 2017.

 

I don't know their actual pet insurance policy wording but that's how insurance normally works.

 

But if you didn't notify the claim until 26th June, after you had renewed the policy for 12 months, then the excess that applied from renewal 2018 will apply providing the renewal invitation they sent you included details of the increased excess percentage. When you got the documentation isn't so important. What's important is the paperwork they sent you before 5th June telling you what the renewal premium would be. Did that say in it somewhere that the excess percentage was increasing?

 

The claim hasn't been submitted yet, and will be in three parts I expect; two lots to the regular vet (one of which Ive already paid by debit of £1700, and the claim form is sitting at the vets waiting for their input), and a bill for the specialist. So two of the three claims we're processing directly. Prior to us querying the policy change we'd spoken to the call centre twice on 23rd & 26th June to request me being added as joint policy holder, then again to request the new schedule and give permission for the vets to deal directly. The claim was mentioned in passing, but we didnt have costing details at the time

 

That's correct about it being an annual policy renewable on June 5th; the new schedule we received this morning states that the next renewal date is June 5th 2019.

 

I understand that terms can change between renewals but my gripe is that we didn't receive an invitation to renew and thus were not notified of the fees changing so drastically; and probably wouldn't have noticed for at least a few more weeks that is was overdue for renewal if not for the cat being ill etc.

 

I accept that we have to should some responsibility for not keeping on top of the renewal date, but it seems that they haven't carried out due diligence either regarding the policy. So where do we stand given that we weren't notified of the changes before the renewal date? Do the old terms still apply until we've consented to renewing, or is it a case that those terms have simply expired after June 5th and they have no obligation to honor them?

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Technically the answer is that if the insurer didn't notify you of the changes in cover then the increased excess percentage doesn't apply.

 

But I can predict what will happen when you say that to morethan. They will simply say that they did send the renewal invitation to you and it included notification that the excess percentage will be higher from renewal and that's the basis the policy was renewed on 5th June 2018. You will ask for a copy of it, they will send it to you, and it will indeed say there is a higher excess percentage. If it doesn't then you are in a strong position, but my guess is it will. So they say they sent it, you didn't receive it. It's a difficult position for you because the insurer doesn't have to show you received it, only that they sent it. morethan aren't responsible if Royal Mail fail to deliver it.

 

You could complain to the Ombudsman. I don't know what they say in cases like this. Other posters here may have a better idea how the Ombudsman deals with cases of 'insurer sent documents but they were never received'. I suspect the Ombudsman would say the policyholder also has an obligation to keep track of when the renewal is due and contact the insurer if no renewal invitation is received. I don't know though. It seems unlikely to me that the Ombudsman would generally find in favour of the policyholder in these cases unless there were some particular reason to doubt that your insurers had issued your specific renewal invitation. Otherwise anyone who didn't want to accept a change in cover from renewal could simply say 'I didn't receive it'. You never know though.

 

And from a practical point of view morethan, if they accept the claim, will no doubt insist the that the higher excess percentage applies and deduct that from the claim payment. So if you wanted to pursue the argument further you'd have no option but to sue morethan in the small claims court.

 

Next step: tell morethan you never received the renewal invitation and ask for a copy.

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