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Everything posted by sytra

  1. Hi, they have not actually said it but it is just the way they didn't give me any info, all they said was 2 claims had been made against me, 1 for damage caused by collision (3rd party) and 2 injury claims from the people in the front car (3rd party 2), got to have 2 hour intetview, 1 about me and my integrity and the car and 1 about the accident itself. I sent them the pics of the cars and text message but still needs to be investigated. Why i don't know because the pics clearly show my car is only damaged at the rear (front still perfcet condition), the front car only has rear damage, the car that hit us the front end is almost in the passenger seat, his car was also a cat c in 2016. We are not claiming injuries even though we both had a bit of shoulder pain from the seat belts and back pain but as its going now don't see the need to claim. The claims co the insurance used (not claiming on my own insurance) are just waiting on the settlement cheque for my car as it is a cat c write off.
  2. Hi, Just over a week ago we were involved in a 3 vehicle collision. While stationary / crawling pace in a queue of traffic when we heard screech of tyres, i looked in the mirror and saw the 3rd parties car speeding up behind us. I was a good 12 foot or so from the car infront so when the 3rd party hit us i managed somehow to swerve and avoid the car infront however the 3rd party planted himself in her rear end. The police etc arrived and took a witnesses details then told them to leave. I advised my insurance of the accident and the other party details. However, both the other parties involve are trying to claim of my insurance (they are both with Hastings), the car that hit us is claiming we caused the accident and the car infront claiming injuries. My car was written off, and waiting on the payout from 3rd party. 1, we were either stationary or just going really slow I cant remember. 2, the car that hit us was doing approx 50 - 60mph. 3, we never hit the car in front. We now have Cotswold Private investigators coming to interview me over insurance fraud!!!! I have pics of the accident showing 3rd party car destroyed at front, 3rd party (2) rear end damage and my car rear end damage and front end perfect (so showing i didn't hit the car in front). I also have txt messages from the driver infront saying she had pics of the car that hit her and it is the 3rd parties car. How can Hastings really try and wriggle out of this one by passing fault onto us and making us feel like criminals ok it is my insurance organising the fraud investigators, but still feel like we are being blamed.
  3. We know he has to unstruct a surveyor of his own, what we were not sure about is what are his rights about the notice being wrong, I read somewhere that he can go back to them in writing and tell them until they serve a valid notice nothing can be done. After reading and re reading the planning approval it states that plans are approved as listed and shall be carried out in accordance with drawings etc. Now they wish to build in the same space etc but change the use from gym to bedroom. It is highly unlikely he or anyone else would want to do the same extension as it would devalue both the properties at the moment they are linked by the garages if the relative copied and extended then they would become semi detatched and in that area worth about £5000 less than the current valuation. We have a surveyor we now coming today to give us her opinion then he is going to do whatever is neccessary after.
  4. Thank you Sgt Bush your post is quite informative. In regard to the 2 month notice this is laid down in legislation?????? They did register an objection at the initial planning stage. As far as we are aware they do need approval for scaffolding over the garage. There were planning details posted, the plans were for a porch ext, garage converted to bedroom for carers? New Extension above garage to be a gym, single story rear ext.
  5. Hi, An elderly family member has received a party wall notice and we would like some advice before contacting a surveyor see if we just being rediculous. The bits we would like help with are as follows: 1: adressed to the owner not him personally even though his name is known and shown further in notice. Should it be addressed to him personally? 2: they give less than a months notice NOT minimum 2 months. As it is a Party structure notice we understand it should give a minimum of 2 months notice. 3: the notice says to build a bedroom above the garage. Original plans were for a gym above the garage not a bedroom, can these be changed without notice? 4: they say no special foundations needed. The garage is joined to his by single skin breeze block wall and they have not as far as we are aware checked the foundations. They do say they will strengthen the wall but we have doubts about foundations as the neighbour the other side had to have foundations dug. 5: They want to erect the scaffolding over his garage. If they do then he wont be able to use it for a minimum of 4 weeks, bearing in mind he does park his car in it can he claim compensation as in effect his insurance could be invalid as car wont be garaged as declared instead it will be at the end of his driveway. We look forward to any responses.
  6. I know they can issue another when they find out it is faulty if they can be so bothered, however I won a claim a couple of years ago part of which was a flawed DN in that one the DJ decided the original DN along with the POC was enough to throw the claim out.
  7. No, a claimform hasn't been sent yet, but we are expecting one. Will scan a copy asap, the T&C nor agreement were in the original SAR
  8. Hi, Been on Forum for ages and managed to win all but one claim that has been brought against us with advice from here. However, this one is confusing me a little as not had to do it in a while. My wife had a Marshall Ward catalogue taken out in Aug 07 so after the April changes, everything was fine until 2012 when we got into a bit of trouble one thing led to another and she got defaulted, in 2013 Capquest aquired the debt, we CCA'd them, they sent a recon agreement and then all went quiet. Oct 2016 my wife starts to get letters again from Capquest and now passed over to Restons. We have SAR Shop Direct as we know the account has a few hundred in charges, and sent a pre action letter to Restons. Now I know the Default is invalid on at least one point but the recon CCA that capquest sent in 2013 I am not sure it is complete and correct. I understand that post 2007 CCA have very little wriggle room. I am going to be sending off another CCA to Capquest see if they can get anything this time. 1: Dates, it is dated by them nearly 4 months before the account was opened. Is this valid? 2: It has a term under key information that says "Details of up to date charges in relation to each of these matters are available from us" . They never sent anything relating to the charges mentioned within the CCA, do they still have to include everything mentioned? 3: Final agreement, again is dated 2010, the account was terminated in 2012, are these correct 4: Neither agreement has a tick box just a sig box, Is this right? Does any one have a copy of the original T & C's from Marshall Ward Spring 2007 and ISME from Autumn 2012, I am sure I have seen somewhere that the 2011 /12 agreements actually mentioned the £12 default charges whereas the agreements I have don't.
  9. Hi, After a little bit of advice really. We have had our broadband provided by the same company for the last 18 months and our contract has just come up for renewal, they have sent us a letter saying we HAVE to be in contract with them otherwise if we go onto the rolling monthly contract we are liable for a £65 fee in the case of any call outs. Before we sign any new contract I just wanted to get some feedback. 1, Can they charge us again for installation (not a small amount but £833+vat)? In the pack they have sent us they have got the set up fee as being payable again for router, connectivity and installation (this is already still installed and working and was paid for by the Welsh government last year). 2, They state in the T&C's summary that "4.7. if you move address within Wales and request it, we will try to relocate your equipment to allow you to continue to receive your subscribed services, If relocation is impossible and you are still within your contract term you shall still be required to make any appropriate payments, even if you are not receiving the services" Is this a fair term and standard or is it one of what the OFT call a "disguised penalty" If relocation is impossible and you are still within your contract term you shall still be required to make any appropriate payments, even if you are not receiving the services The terms above are a bit worrying as we live in rented accommodation and as such cannot guarantee that we will still be living here in 12 months or more, more to the point if we do have to move, there is no saying it is going to be within the broadband providers coverage which i believe is quite minimal. 3, It says on the terms summary that we need to read the full terms on the website, however on the website the terms and conditions are just a smaller summary of what we have got with us. If the terms are not on the website, would the summary be just as binding? As you have probably worked out we live in a village in a rural part of Wales and cannot get traditional broadband so it is done wirelesly as a result we are not fortunate enough to change supplier so I just want to make sure they do not try and stitch us up, I have messaged the provider for clarification on the points raised above but am waiting for a response.
  10. Hi, Well the In laws did go to the police yesterday and have been given 2 crime refs, and also were advised to phone the fraud office which they did this morning. The MIL called Roxburghe this morning and they say nothing has been passed to them, but on the payyoupcn site yesterday it said that they couldn't appeal and to conatct Rox as it had been referred to them. then by some miracle later today they are now both active on the payyourpcn site awaiting photo eveidence etc. @Meekyou: We thought it could just be human error, but according to the site mentioned above it was seen by a parking attendant and ticket affixed on 2 separate occasions / dates, i wouldn't have thought "if" an attendant did see the car they would get the wrong reg no twice??
  11. Hi, I have been asked by my father in law to look into a problem that has just appeared. He got home form work today to 2 parking notices dated April this year from a Hospital in Newcastle (a copy of one should be attached). Now, we know that he is not at all liable for these charges as they relate to a hospital car park in Newcastle (he lives in Milton Keynes), the date of the first charge is 16th April, on this date he came to visit us in Wales and filled up in Milton Keynes on the way so trying to find receipts with the time on and they stayed for just under a week, he has bank statements etc to prove where he was for the week. The second notice is for 23rd April, both he and the MIL were at work in Milton Keynes at the time and the car was in the work car park, he is checking if they still have records / camera images of the staff car park area as evidence. Again, they have never visited Newcastle and there is no family link there either... The only reason we can think of is that the car has been cloned, they have been to the local police station to report this so hopefully get a ref number. Next step is to inform the DVLA. The first they heard of this is today, so 5 months after the incident, i thought they had to inform the owner a lot sooner than this? What is the best way to approach Roxburgh? if we get a ref number from police etc do we need to give it to them?
  12. Have you heard anything yet? we managed to get the claim against us thrown out due to Capquest and DrydensFairfax failing to send any paperwork and also under CPR rules Drydens failed to sign the claim form wrongly which meant they could not use anything on their claim form.
  13. No not a signed copy as the agreement was from 09, however they failed to send any agreement even recon. The docs I think he referred to were specifically the cpr31.14 and cpr18 request - so, agreement, default info, statement of how the amount claimed is reached etc. Of top of head can't remember if there was anything else. Basically just before the claim was issued a cca'd capquest, they never responded in any way to the request. Then after claim issued sent cpr to drydens and asked them to change the signature on claim form. They responded by saying it will take about 6 weeks to get info, so wrote back they then said they hoped to have it by end May or June. That's when I got a solicitor involved who did the application. The judge agreed they were not complying and issued a strike out.
  14. Update on this problem Moorcroft have backed off, but since last year have had a couple of letters from SRJ Debt Recoveries one of which was threatening legal action again. Knowing exactly how old this debt is (10 years now) I sent them a statute barred letter a couple of weeks ago, then today I get a letter saying they have contacted their client and the information they hold is correct and the debt still stands. I phoned them (I know, shouldn't do it) and after they said the call may be recorded I confirmed yet again that if there is a debt it is statute barred, the girl the other end said that the supervisor had put a note on the account saying that (wait for it, this will give you a laugh) that it cannot be statute barred, the only way it can become SB is if it was subject to a court claim.... sent them the second letter (ignoring the SB) today see what comes back now. I should add this debt never has shown on my CF, I took out a subscription earlier just to double check and there is diddly squat from AW and no CCJ's at all. Like to see them try legal action now!
  15. Sorry, it got to the point where Drydens kept on saying they were waiting on the info, then just saying that they hoped to have it by the end of April, then the end of June, I got fed up with them so got in touch with good consumer credit solicitor who confirmed they were taking the pee and did the application for me (being a solicitor he knew all the right jargon etc) 2 weeks later got a hearing and had them struck out that day!
  16. We used a solicitor in the end who initally claimed about £1500 but was reduced due to area of court and hourly rate in that area. All in all, happy as not cost me anything now
  17. Update, the claim went to an application hearing and was struck out, basic findings follow: DJ found that the claim and particulars had not been signed by a statement of truth as per CPR22 PD3.10 (signed by firms name of solicitors not the solicitors own name), breach of CPR16 and 31.14. Also said that IF they find the documents requested and IF they wish to bring the claim before the court again then the documents MUST BE served the same time as the claim form. Claimant tried to argue that a strike out wasn't in the application and requested 28 days to supply info, DDJ basically said they had messed up big time and he was using his own judgement to strike out and they had no argument. Costs awarded in the sum of circa £900
  18. OP did you have any further news on this claim? I only ask because Drydens / Capquest started a claim against me in Jan, and have recently won against them, the case was struck out for failing to sign the POC correctly, failing to respond to CPR31 and a couple of other things, we won with costs awarded.
  19. Hi, thanks for your response I have already SAR'd them and have done the spreadsheets and realised how much they actually owed me which is the reason I want to go for them for the charges and ROP including interest it comes to nearly £2500. I wanted to try and find out if anyone else had gone against them and what the outcomes were, to see if it really is worth my while trying
  20. I am going to be putting in a claim with Vanquis for the charges and ROP that they charged while I held the card with them, I have looked and am finding it difficult to see if there are any recent(ish) claims that have been won so I can try and swat up on the likely tack. Anyone know of any claims that have been won against Vanquis?
  21. Hmm someone at DF is having fun, believe it or not I got the exact same letter yesterday except i get till the 30th April for them to "maybe" get the info from Vanquis. I am getting my defence in this week, as far as i am concerned they have had since the beginning of Feb to get all the paperwork, if they have not got it by now then tough. So far they have failed to respond to s78, CPR 31.14 and also CPR18, even though I know they should have a copy of the agreement as it showed up in my SAR from Vanquis as being requested.
  22. TOR is correct, the Vanquis DN WILL be totally incorrect I would have thought (being from 2012, probably before any amended template) Chances are Capquest and Drydens will not supply the paperwork in time.
  23. If this is right Andy doesn't it really go against the CPR? and how come other companies (solicitors) can get it right?
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