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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Liability for Roundabout Incident - Same Insurer


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Hi, looking for advice I've discovered this forum.

 

Apologies for long post......

 

Two weeks ago I was involved in a car accident on a roundabout. I was on my way home after picking my children up from school. I approached in the right hand lane, this lane leads to either the middle lane or the right hand lane of the roundabout. The lane markings on this major roundabout are clearly marked. I travel this route 2 to 3 times a day and as usual went to the middle lane. There were numerous cars on either side of me as we went over the motorway. After the next exit my lane becomes the left hand outside lane - and the roundabout exit lane to the motorway.

 

A white car on my right started to indicate then immediately pulled into my lane, there was a sudden bang and the force of the impact knocked my car from the lane. There was damage to the side of my car – driver’s door and side wing, and side trim hanging off. The third party didn’t get out of their vehicle. As I was about to go speak to her, she made no acknowledgement and drove away through the traffic lights - from the left hand outside lane, which is the exit lane only to the motorway, and back around the roundabout to the right.

 

The side trim of my car was hanging off and scraping on the road but as I had not even had the opportunity to obtain the third party’s vehicle registration number I had no option but to go after her through red traffic lights. She had then gone through a further set of traffic lights. I caught up with her and signalled to pull over. The driver stated she hadn’t left the scene of the incident (despite driving away not knowing whether or not my car was even driveable, had made no acknowledgement to me, driven through two sets of traffic lights before I was able to catch up to her). As she hadn’t stopped at the scene I called the Police as I had concerns whether she would provide the correct details under the circumstances. I was given an incident number.

 

The third party apologised, said she believed the right hand lane she was in merged into the lane I was in. Why did she indicate if these lanes ‘merge’. There was absolutely no reason for her to change lanes, as both lanes lead to the same exit. I told her to go and check the lanes and she would find the lanes do not merge. Third party car had damage to front nearside wing. Can clearly see damage to my car is caused by the front wheel of the third party vehicle from the large round black rubber mark. This shows the third party’s wheels were turned towards my vehicle. This was 100% not my fault and I have told my insurance company I will not accept any liability for this incident.

 

The problem is the third party has the same insurance company, at first they seemed helpful and reassuring but the last few times I’ve called for an update they seem to have a different attitude - where’s the proof she went into my lane, where’s the proof she drove away?

 

Apparently the third party has not yet responded. The insurance company has suggested it would go split liability if it comes down to my word against hers without any cctv or witnesses. Hopefully the third party will be honest about what happened.

 

Any advice would be appreciated.

Edited by dx100uk
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Did you inform the police, as its a hit and run, and leaving the scene of an accident is illegal. Also, and i know this is a bit pointless for this scenario, invest in a dashcam. Theyre a lifesaver in situations like this.

 

Hopefully others will have more advice for you soon.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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OP was given incident number by Police!

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Sadly car accidents bring out the worst in people, unless the other side decides to tell the truth there is not a lot you can do.

 

You can ask your insurer to see their statement to make sure this is the case, but other than making sure you are getting the full story from the insurer, even if this was between 2 insurers your chances of success would probably be less than 51% and not get taken to court.

 

A positive is, some insurers when faced with a complaint of this nature will allow the NCD and in some cases reimburse the full excess rather than have a complaint, that does does depend on the insurer and their attitude towards complaints.

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