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andrewcaldin

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  1. Critically ill and left naked by a fraudulent insurer Scottish widows Plc Thursday, 22 July 2010 Dear SIR/MADDAM I need help I tried to make a claim on my critical illness policy to be told that I didn’t have one I asked to see a copy and they sent me a photo copy, I FOUND THE FOLLOWING PROBLEMS: 1) The Tied agents name had changed 2) The start date was 09-12-1997 when I signed in October 1997 as i needed the life policy and critical illness to support my application for my mortgage as it was part of the conditions on the application. 3) I received my mortgage offer before i had signed the application as it is now dated the 09-12-1997 which would have been impossible. 4) They sent me a further report which showed my date of birth wrong and the start date as 2003 when I signed in 1997. I started legal action against them on my own and made an allegation of fraud to them on my claim form. They produced further documentation to show that I had signed before December 1997 and a copy of a fax to show it was sent prior to the 09-12-1997. I asked to view the original to which I signed they came back and told me it had been destroyed. They sent me a witness statement from a lady called Kirsty ann. Douglass within that statement it showed that a waiver of premium had been allocated with a sum of money meaning that the waiver of premium must have formed part of the policy. All of these were put to the judge in Manchester after they applied for summary judgement, i believe they done this to prevent a Trial and the public finding out what they had done to thousands of policies. When Scottish widows were sold to Lloyds bank in 2000.The judge also explained that he had an account with Lloyds bank. They then applied for summary judgement and won. I decided I Would appeal on the grounds that the judge didn’t hold up several acts which protect the consumer. I made my appeal with in the correct time period. I submitted the appellants notice and latter on the skeleton argument all sent recorded delivery. A High court bailiff HAS NOW TURNED UP AT MY House to remove my goods. I don’t have the £20,000 they want for a day’s hearing and i am on benefits and have been from 1998 that is why i have been trying to make a claim but being prevented. I tried to make a claim on my critical illness but was refused as the provision was not there. After receiving a letter from the insurer Scottish widows and accusing them of Fraud I received a further letter to say that they had found a provision in my policy that was free of charge and they were going to let me claim under that provision! My illness is very rare and they decided i could claim under the terminal illness side so that payment could be made quickly when the lady returned from the Usa Beck Pearson. The lady explained to me that she was the person who put pen to paper .I explained to her that I had out lived the twelve months because of the delay in allowing me to make a claim she explained that this was being done because their offices were being closed and huge redundancies were being made in Chatham. I made the claim under the provision she gave me and followed her instructions I gave them my doctor’s details and a new professor that had taken over my case I signed for the release of the reports and i was sent a copy of the report by each doctor before Scottish widows received them. Scottish widows decided it would write to my old doctor to whom I had left and I had given no consent I had left him because of his lack of knowledge with my illness. They still received a report saying that I had out lived the time and that he didn’t think i would die within the next twelve months. Scottish widows have used this evidence now to get out of not paying my illness. I have since contacted the doctor and he has told me in a form of letter that he was not sent a full copy of the Consent form and he only received the back page showing my signature if he had seen the other two doctors involved he would have not replied. Since the summary judgement new evidence has been forth coming from the ombudsman as i asked to see all of their investigation file as Scottish widows wouldn’t send me any information or copy documents. With I the file was a copy of a letter sent to me in 2003 welcoming me to Scottish widows and enclosing a copy of my insurance schedual key feature document and insurance policy. It had been sent to my old address to which i had originally made my application from, but it clearly shows that my policy was reinvented again in 2003 six years after I had made my application. My own opinion is that Scottish widows was taking money on a regular monthly debit on a low start endowment for a period of 18 months and that I wasn’t to know that I was going to fall seriously ill and that I wasn’t going to be able to work again. I disclosed in the APPLICATION everything I knew about my health I had nothing to hide. Scottish widows knew that my policy hadn’t been started and that they needed to recreate the policy on their new computer system now under the new bank Lloyds. They prevented a payout by taking off the provisions and they were only highlighted to the fact that no policy was live on their system was when I tried to make a claim. I have written to thousands of solicitors and my Msn box has over a thousand recorded names and addresses my MP Grant SHAPPS has also tried, Even the Bar Pro Bono unit couldn’t find me a solicitor to help in my circumstances. Half of the solicitors on the cls web site have left and no longer assist with legal aid work so what is left for the critically ill and disabled people. The Access to Justice Act 1999 explains that I should be on the same footing as the defendant but I don’t have the money due to my disability and illness. The Community Legal Service should be there to help people like myself and to up hold our rights and liberties to justice. I have had to apply on my own to HIGH COURT MASTER to allow me time to send my skeleton argument off to Manchester Court in support of my appeal he has allowed me seven days but i am sure the bailiffs will be back soon. If you’re a solicitor /barrister who knows anybody who might be able to help me please call me on 01707 690605 or email me [email protected] PLEASE PASS THIS EMAIL ON
  2. I Issued a claim against my bank Barclays plc to have my bank/mortgage charges returned after they tried to reposes my house and added the charged from there solicitors to my mortgage account while being on legal aid. I had to sell the house at a loss and when my solicitor redeemed the mortgage they added a further charge on for the insurance. The bank failed to deal with the claim form and judgment was issued in default the High court bailiffs WAS SENT IN and demanded the debt they we escorted to the door but they stood their ground and told the bank they were going to empty their cash machines in front of the customers. The bank paid the money but i was stopped from taking the money from the bailiffs after an application to the court was made explaining that they thought i didn’t have any writes to a claim. The summons was issued correctly but Judge Carr of the St Albans county Court decided to give them the excuse of not dealing with the claim properly and dismissed my claim as it didn’t have merit to claim the charges back. The County Court i believe was wrong under the following: The court no longer has a broad discretion. There is only jurisdiction to set aside a regular judgment if the party seeking to have the order set aside can satisfy all three requirements." i) If the defendant can show he has not been served (or is not deemed to have been served) with the claim form at all, then he would normally be entitled to an order setting the judgment aside and to his costs in making the application. ii) If, when the claimant is served with an application to set aside such a judgment, he believes that he can show that the defendant has no real prospect of successfully defending the claim, then he may apply to the court for orders dispending with service of the claim form, permission (under CPR 24.4(1)) to apply forthwith for summary judgment, and for summary judgment on his claim. iii) If such an application and cross-application are made the court should make such order as it considers just. iv) If the claimant can show that the defendant has been guilty of inexcusable delay since learning that the judgment has been entered against him, the court would be entitled to make no order on the defendant's application for that reason. The judgment would then stand (subject to any direction made by the court, whether in relation to statutory interest accruing due on the judgment or otherwise). I am awaiting the order so that I can now appeal immediately,at the same time I incurred further court costs of £5,000 and iam only on benifits so its not that easy to take on the might giants as you may incur further court cost fee’s in trying to get your bank charges back. I have to now find a solicitor to help me as they employed the best to get them off the hook if you know any one please tell them about me and this site thanks andrew
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