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Everything posted by Bernie259

  1. Thank you very much for your advice, she does have Legal Insurance so that may help, I hope a broker can come up with a quote when she cannot give them full details of the claim, we only found out by chance today that it was still not settled, this claim has not been outsourced its been handled by her Insurance Company. Once my daughter had calmed down and we got the facts of the accident we felt she was not liable, the police said people who leave the scene without giving details commit an offence and normally have something to hide so if they were driving illegally their case would be weak, all we wanted was for both sides to be looked at and the police allowed to do their investigations, it may have been the case that the person claiming was not driver or insured and someone else was claiming on a policy, it must be a fair process, otherwise insurance scams like "cash for crash" would never be brought to light. Regarding the DPA, does that cover Registration Numbers? That is all the police would need to start their investigations. My daughter never declared herself as being a provisional driver, only as holding a full licence, the renewal even has the date she passed her driving test albeit they put the wrong date, so they were already insuring her as a person who had passed their driving test, she came from another insurer with proof of NCB, it was their simple error recording it as provisional, regardless, there was no increase in risk on that renewal, they had already increased it due to losing her 2 years NCB. If insurers don't have to release details of claim made against people then how do they obtain future insurance quotes when insurers request that information? Thanks again, I will keep the Legal Cover in mind Bernie
  2. INSURANE COMPANY Refusing to provide any details of a claimant on my policy Refusing to provide the same to police obstructing an investigation Refusing to provide the same to allow customer to obtain quotes from other insurers Increasing a premium by 30% when renewal notice states the driver has passed their driving test but they list them as a Provisional Licence in error. My daughter needs urgent advice, she was involved in a very minor accident 10 months ago, a driver was indicating to turn right on a very wide main road, and traffic was flowing on the inside, just as she approached without any warning he swerved to the left blocking her path, she assumed he had changed his mind and was going to park on the left so she changed course at the last moment to pass him on the outside, keeping to her side of the road, however, what he was doing was attempting a complete u-turn causing my daughter to hit him, it was unavoidable, no indication and short notice. The man was quiet intimidating, my daughter has never been in an accident before so was very shocked and upset, he demanded she sign a piece of paper admitting liability saying the damage was £1000, she refused but gave him her full details, she phoned her mother who was close by, she arrived and the other driver left swiftly without providing any details at all, we didn’t even have his registration in all the confusion. My daughter reported the accident to her insurers straight away but due to shock and being upset she did not give a complete accurate account, she said she was not sure who was at fault as she has never been in an accident before, just he pulled across her path, he then said he indicated left and she just said yes, when in fact she meant right. My daughter reported the accident to the police and they advised the other driver had already committed an offence by not providing his details at the scene, they said should he make a claim your insurer will have his details so can you pass them to police to be investigated, they said if he was driving illegally it would be a win situation for her. We heard no more from my insurer for some time, then a letter saying on the evidence they have they will have to admit liability unless any further evidence comes within 14 days. I sent several URGENT emails to the insurer asking then NOT to settle that the police wanted to investigate him and can we have all the details, all emails to several department were ignored, I tried phoning being on hold for 27 minutes until my battery went dead. I sent another email setting all this out, it was then taken up as a complaint of poor service and we were given £40. I managed to get them on the telephone and they said they had to admit 3rd party liability, they said it had nothing to do with the police and they were not allowed to provide and details to me or the police due to the Data Protection Act, I passed this information to the police, we heard no more from anyone and assumed the claim had been withdrawn. My daughter has now received her Insurance Renewal Notice and has lost her 2 years NCB, costing her several hundred pounds more, she paid for her own repairs to avoid losing her NCB, she noticed there were some errors on it, it said Provisional Licence, under it stated date passed driving test which was wrong it was 6 month earlier. I advised my daughter I would make a formal complaint on her behalf to the insurers; however, she would need to phone them to make sure she has insurance in the meantime and point out the errors in case it reduced the premium, I advised not to go into the complaint as they would not be in a position to resolve it. My daughter phoned them today, said she wanted to pay on instalments instead of yearly, and pointed out she had passed her driving test 6 months prior to the date stated and made it clear she had a full driving licence for over 2 years, so not provisional, they said they would need to recalculate the premium and it came out £300 more, my daughter said that was crazy you are already insuring me as driving with a full licence so what’s the difference now, and I have lost my NCB due to them not investigating her accident, she asked for details of the claim, my daughter said we had already drafted a formal complaint so best deal with it that way. The insurer insisted she wanted to look into the problem, however, we went around in circles and she only repeated what had been said before regarding the DPA; I took over the call and asked how is my daughter able to get a quote from another insurer if you are refusing to provide any details of her claim? All she kept saying was I know where you are coming from, and I can look into it for you, I said you cant if you wont release the details, I said we were getting no where and wanted to end the call. Within minutes she was back on the phone to me saying she had spoke to claims and they have said its NOT settled yet (some 10 months on) and it may be joint liability, I asked why it had taken so long and why have we not been informed, she said something about emails were not coming to us, I said you have 2 email address for us and a postal address, its unacceptable, the lady was insistent I speak with claims now as they might have the answers, when I said ok, she said but they will only talk to your daughter not you. They would know from the very first call (recorded) after the accident they could run circles around my daughter and put words in her mouth, I said NO, please ask claims to put everything in writing and we will respond after seeking advice, she refused to do this and virtually begged me to let my daughter to talk to the claims department, I said we must at this stage have it in writing, if it was a simple matter why is it still ongoing after 10 months. My daughter will have no insurance in 2 days. Can an insurance company operate in this fashion; they must owe their customers a duty of care, and allow them to get quotes from other companies. Any advice will be greatly appreciated Bernie
  3. Hi, thank you for your input and link. I think its all covered by a "Mental Health Act" the OPG and COP are guided by that, having dementia does not mean you automatically cannot grant an LPA from what I have read, it all depends on the stage of the dementia, I believe you have to be able to read the guidance notes, understand them and remember them long enough to make an informed decision. We have concerns as a year before the LPA was signed by the Donor we were advised he had gone downhill badly, could not remember things, could not feed or medicate and was having falls, so were very surprised a Donor LPA for both was in place, we thought it would have come under the Court of Protection who appointed a Deputy and the court had full control, it was also highly questionable that just 12 weeks later he had lost his mind and it was Registered, only a select few relatives were involved in all this when we could all have been informed. thanks again
  4. Hi, I have an elderly relative who has had dementia since 2008, he is quiet wealthy, he never married and has no children, his next to kin are nieces and nephews of which I am one. Another relative took over and I was told they had power of attorney and my uncle was going into a nursing home. I had concerns as the person was telling other relatives that my uncle had made no will and they would be sharing his estate out when he died. I was later told that “someone” had cleaned my uncle’s bank account out but nothing was being done about it because of his dementia. (Others have verified this as bills were not being paid) I had heard in 2012 he had gone down hill badly, was not eating or taking medication, having falls broken bones, some relatives were starting to raise question about those looking after him. I did some research and assumed that due to his severe dementia an application had been made to the Court of Protection and a Deputy had been appointed, so I done a search, to my surprise my uncle had apparently given a Lasting Power of Attorney in late 2013 when he was not in a sound mind, and it had been registered some 12 weeks later the same time relatives were joining forces with their concerns, you cannot act on a LPA until the person has completely lost their mind and it has been registered, it was another 10 months before he was placed in a nursing home and his property was emptied of personal effects and it was put up for sale, since then more allegations have been made. I need some advice please, can I asked the court to confirm who witnessed the application for the LPA to confirm he was of sound mind and he fully understood, and who witnessed some 12 weeks later that he had lost his mind when the LPA was registered. Any advice on this subject would be greatly appreciated.
  5. I don't think you have to much to worry about if you have disputed the debt for the past 6 years and paid nothing, sounds like they are having a last go before the six years is up, however, don't ever trust Cabot, they are sly and if they slipped a claim in that you failed to respond to and the got a default judgement then its very hard to turn back the wheels of justice, keep an eye on your post until October and then tell them you have always disputed the debt and its now statue barred, my long nightmare ended with Cabot after a very long court battle, good luck
  6. A very big thank you to Helena, who has worked at lightening speed for me, Ihave received a phone call from E-ON this afternoon who have taken all mydetails and put the wheels in motion for our ECO Grant. To anyone else who is applying for a grant, I believe there is less moneyavailable for these grants and now even if you and your boiler qualify they aretrying to help those most in need by targeting those whose boilers have stoppedworking altogether, (this is not official as the criteria has not been changed)my boiler is old, D Rated, faulty and keeps breaking down and I had to apply tothe council recently for another "small repairs" grant to get it upand running again, and now its cutting out again, it is not energy efficient orcost effective to keep it so we should be ok. Thank you again to Helena and the Consumer Forum who have helped me and myfamily so much over recent years. Best Wishes Bernie
  7. Hi Helena Thank you very much for your help, I would very much appreciate if you could get me talking to the right people at E-ON, the number I was given to phone at E-ON was the department that dealt with ECO Grants and the lady at E-ON was adamant that I could not apply for a grant until the boiler had stopped working so there would be no point talking to her again. Yesterday I went onto another website that does ECO boiler replacements and left my details, they have tried to contact me but I am worried I will end up going around in circles again as these are only middle people who end up going to my energy supplier E-ON. Thank you again, I await your instructions Kind Regards Bernie
  8. I have been trying for months to get an ECO Grant for a new boiler and insulation, and have encountered non stop problems. 1) I went through a website "Fine Energy Savings" they went over the criteria for myself and the boiler and advised I qualified, it was referred onto 2 companies, one for a boiler the other to do insulation, however both firms thought they were doing both, so a lot of confussion, it settled on one firm and they also checked that I qualified and arranged a free survey, I heard nothing so I contaced the firm, who advised me that all funding had been stopped until the new tax year in April and it would have been impossible to inform everyone. 2) I checked online and could not confirm anything about ECO funding being stopped, so went to another website "Energy Savings Advice Trust"? They said they checked with the DWP and I was not on the correct benefits, I advised I was and had already been approved and I could send them copies of letters from the DWP, they then said you may as well apply directly to your energy supplier E-ON and gave me a number to call. 3) I telephoned E-ON and they advised even though I was on the correct benefit and the boiler which is faulty was D rated complied, that we could still not get an ECO grant as the boiler has to be not working at all now, I advsied it was not working last week, that I am disabled and the council had to pay for a repair, she just said apply next time the boiler is not working, no mention of any insulation grant? 4) I looked again online and could see nothing to cofirm the criteria had changed where the boiler had to be not working at all so I contacted the "Energy Savings Advice Trust" again to see it they could throw any light on these new changes, all they kept repeating was they were impartial and cannot comment on any advice given by others, I pushed them and they said they were not aware of any changes to the criteria for obtaining an ECO grant. Has anyone else had this problem, I believe it has something to do with the Government not pushing the energy companies so hard on ECO in return for freezing their energy prices? Not sure where to go from here, I am severely disabled and our home has not had any inprovements in 25 years, all windows doors all faulty with draughts and rain. I know there is the Green Deal but that would involve a large debt with high interest. Any advice greatly appreciated Bernie
  9. YORKSHIRE BUILDING SOCIETY - ENDOWMENT SHORTFALL I would be very grateful for any advice. I have an endowment mortgage shortfall leaving me with a £21,000 debton my 25 year interest only mortgage with the Yorkshire Building Society. I am 60 years, severely disabled and my wife is my full time carer, we are totally dependant on benefits and was unable to do anything about the shortfall, we received a small amount of compensation some time back after commissions were taken. I have written twice to YBS setting out clearly our circumstances, I advised I would try and pay in extra to reduce the shortfall and I paid an extra £2000 this year leaving us short of money. I have asked them to extend the term by 10 years or make it a"lifetime interest only mortgage". They telephoned in response to my first letter in May this year saying they could not do an interest only mortgage, and it would have to be repayment one, we were expecting a £30,000 shortfall, she spoke about a 5 year repayment mortgage due to my age, with repayments between £400 and £500 p/m, I told her this was impossible, I asked her to put everything in writing and was told this was NOT their policy, that she had already explained it over the telephone, I asked her to speak to a supervisor and he agreed, the letter did not reflect the telephone conversation, did notmention a repayment mortgage just said the shortfall had to be paid or our homewas at risk and I was happy and understood. I continued to pay full interest and extra payments and wrote them another long letter as the mortgage was coming to an end and the shortfall was much less than expected, I requested again an extension of the term of the mortgage or a "life time"mortgage, I asked them to acknowledge in writing my letters and attachments. I then received a letter saying they had received a cheque from my endowment company that left a £21,000 shortfall and could I forward a cheque for the balance, my letters and contents were being ignored, this seems so unprofessional, I wonder if they are trying to get me into a situation of unauthorised borrowing and hit me with charges, the house is worth £175.00 and I only owe £21,000 and have proved I can pay the interest, I cannot see why they would want to make a disabled family homeless and incur large legal fees, it seems so unreasonable, down sizing would not be practical as we live in a small mid terraced house. The same woman has phoned and left a message, I do not want to speak to her again as she just repeats the same thing over and over again and ignores what I say, this pressure is impacting on my fragile health, the very least they should do is put in writing their position and a proposal to resolve the problem. I really would appreciate any advice. Bernie
  10. ADVICE PLEASE ON RECONSTRUCTED DOCUMENTS Hi, can someone please clarify the courts position on reconstructed terms and conditions, I have read of cases where the court will accept this practice. 1) How can the claimant prove this is what you were given at the time of signing an agreement? 2) I do not recall being sent or seeing any terms and conditions, my applications were done over the telephone, replying to a flyer or over the internet, is the onus on the claimant to prove you were sent terms and conditions at the point of signing? 3) Would a signed reply card with no terms and conditions be enforceable? 4) Can the claimant reconstruct the whole agreement, and would this un-signed document be enforceable? Any advice would be greatly appreciated Bernie
  11. ADVICE PLEASE ON RECONSTRUCTED DOCUMENTS Hi, can someone please clarify the courts position on reconstructed terms and conditions, I have read of cases where the court will accept this practice. 1) How can the claimant prove this is what you were given at the time of signing an agreement? 2) I do not recall being sent or seeing any terms and conditions, my applications were done over the telephone, replying to a flyer or over the internet, is the onus on the claimant to prove you were sent terms and conditions at the point of signing? 3) Would a signed reply card with no terms and conditions be enforceable? 4) Can the claimant reconstruct the whole agreement, and would this un-signed document be enforceable? Any advice would be greatly appreciated Bernie
  12. Hi Peter You could well be right on that 69 interest point, I got that from this site when I had help drafting a holding defence, I must say having read it a few times something did not sound right, I thought it was Cabot not allowed to charge interest after default if we had no contract with them, there are a lot of issues to take in, and its not easy when you are highly stressed and in severe pain, I suffer very badly with headaches, I have to skim over any judgement I read and rely on people in better health who understand it better legally. No doubt the court will correct us. I am now looking for an advocate or legal representation as my wife is unable to argue all these issues alone Regards Bernie
  13. Hi Peter These accounts go back some years but I am sure in those days (2001) the practice was they would send out flyers/application leaflets and then send you a card and some blank cheques you could cash up to what ever limit, I do not ever recall signing any credit agreement with terms and conditions which is why they don’t have them, we had a box full of these flyers as they were coming through daily, and we were up to our necks in a very stressful clinical negligence claim. I am looking to see if we have any of them still. Regards Bernie
  14. FURTHER Certain standards apply in both criminal and civil proceedings. These rights include: The right to a trial within a reasonable time. The right to an independent and impartial judge or tribunal. The right to a public hearing (although there are circumstances when the public can be excluded) The right to a public judgment (although this may be restricted in certain types of cases, e.g. family cases.) In civil proceedings Article 6 also protects the right to take court proceedings to settle a dispute, although this right may be restricted in some circumstances. It may also give the right to legal aid where the dispute is very complicated and you are at a disadvantage because you cannot afford a lawyer. Bernie
  15. COPIED FROM LIBERTY WEBSITE "Article 6 is an absolute right. It guarantees your right to a fair hearing in civil and criminal proceedings. It sets standards for the way that proceedings are run. Although you may feel that you have not had a fair trial if you lose your case, there will only be a breach of Article 6 if these standards have not been met" Bernie
  16. I posted up my statement up last week (now filed and served) which sets out my prejudice arguments if any one has any views on. Regards Bernie
  17. Thanks again to everyone. I have gained a lot of my knowledge from this site, and as I am finding out some is sound and some may not be so sound and some very confusing because of opposite views. I understood from reading on here that someone cannot just come along and say that you owe them money for three accounts unless they have proper legal proof of ownership, anyone can type up some letters on their own headed paper and send them saying they own the accounts, and don’t sign the letter in case it comes back on them. So I feel the issue of assignment is a real one, if it’s only equitable then they would need the permission of the original creditors and they would be a party to the proceedings, if they are absolute assignees then they would have no reason to withhold that evidence. I have read on here many times about unenforceable agreements and the court has no discretion to intervene, and there are numerous cases overturned in the high court? So if Cabot does not even have 2 of the agreements how can a court enforce them? The onus is on them to prove their claim. The issues of “irresponsible lending” and harassment are complaint issues for the OFT and the Financial Ombudsman, and the judge has ordered us to establish the Ombudsman position here. However, the court also has the power to intervene on these issue if they see fit, and as Peter and Mr Mould have pointed out from the Harrison case the judge will look at a parties overall conduct when making judgements. I know it comes down to how your arguments are presented on the day, and the judges own views, I just believe Cabot have to prove assignment and have to have agreements as a starting point. No one is arguing the accounts never existed, the original creditors are not taking us to court, the issue is can Cabot prove they own these accounts, and do they have the correct documentation to legally add charges, and enforce them in a court of law, and are they abiding by the rules of the court. If the answer was yes, then I believe they would have progressed their claim issued in 2009 and responded to my holding defence, rather than sit on it for two years. Kinds regards Mr & Mrs Bernie
  18. THIS IS A SUMMARY Thank you to everyone who has kindly given me their time. These are the main issues as I see them. 1) The issue that the creditors may have sold on 3 accounts that were in dispute 2) There is an issue on all three accounts regarding assignments to Cabot or Kings Hill No.1; they have not produced any credible evidence of equitable or absolute assignment. 3) There is an issue of enforceability on all three accounts, a) They have only disclosed a “reply card” for the Monument account (no agreement has been disclosed) and I do not recall ever signing an agreement or seeing any terms and conditions. b) The agreement for the Cahoot account is completely illegible and therefore unenforceable. c) They have only now after 2 years, just produced a typed agreement with terms and conditions on separate pages; not in the proper form, it is undated and not signed by the lender or borrower, and their claim is for an unspecified amount (as they have bundled three accounts into one claim). These documents have been generated to comply with the Order. This is not an enforceable agreement. (this is why Mr Mould compared it to the Harrison case along with the harassment we have suffered, up to 10 phone calls a day) 4) There is an issue on default notices, we have not received any. 5) There has been no breakdown of charges applied by Cabot after default. 6) There is a serious issue of inordinate and inexcusable delay, and a complete failure to comply with the overriding objectives and court process. 7) The human rights Article 6, the right to a fair hearing in a reasonable time, the claim has stagnated for almost 2 years. I hope this makes my case clearer and thank you to everyone again for their input. Kind Regards Bernie & Mrs
  19. Hi Mr Mould, good to hear from you again. To be clear on the 3 credit agreements they have disclosed 1) Monument, is a "reply card" with my signiture, no terms & Conditions 2) Cahoot, a totally illegible signed agreement 3) Citi Financial, a falsified typed up credit agreement that is not dated or signed by anyone I will have a read up on that case. All the best Bernie
  20. Hi Mr Mould, You seem to have vanished from my thread, I hope all is well and I haven’t said anything to offend you. I got two more letters today from Cabot, One a notice to say Kings Hill No.1 became Cabot (why wasn’t everyone whose debt was sold to Kings Hill informed of this name change at the time, I thought they started off as two separate companies, all to confuse?) Also a load of paper that they are now calling a Citi cards agreement, its just sheets copied terms and conditions, no agreement and no dates or signature of anyone. They said they were not going to conduct this litigation in correspondence just through the court; I though CPR encouraged the parties to cooperate at all stage to try and resolve issues before or without a hearing? I was only asking them for what the court had ordered them to disclose, 3 agreements and 3 assignments. They said threy have complies, you have seen the documents, please tell me what is your opinion? Hope you are enjoying the weather Kind regards Bernie & Mrs
  21. Hi, Mr Mould, dont if you found time to look at my final statement? but if you did was it ok, we appreciate your opinion, I put in Cabots phone records, clear evidence of trying to wear someone down, calls everyday, up to 10, that along with their dodgy agreements etc will hopefully draw a comparrison to the Harrison case when the Judge reads it. I have read under the old rules that claims were struck out if dormant for 15 months, do you know of any time limits under CPR apart from the 6 year limitation period? Kind Regards Mr & Mrs Bernie
  22. Hi to all We have now filed our statement with the court and Cabot, I hope my friend Mr.Mould is ok and would like to thank him very much for all his help. The Forum seems very quiet these days, I did not get much of a response to all the bits I have posted up recently, 2 draft statements, agreements and assignments and issues relating to Cabots late AQ filing. I am sure there are many out there who are at more urgent stages of their claims, and need help, I know, I have been there, I will keep everyone posted on my case, next job is to seek out legal representation for the next hearing. Kind Regards Bernie
  23. Good evening Mr Mould, I agree who ever takes it on will have to look through all the pleadings and arguments before they could represent us in court, I wouldn’t mind having the solicitor in the Harrison case. I was reading about a case in Manchester where the judge said it was ok for claimants to reconstruct T&G's if they are unable to find the originals, so long as the T&G's were the same at that time of signing (how would anyone know?), and I read this ruling was putting off these firms who charge for taking on what might be unenforceable agreements, however, the judge did say where there was NO signed agreement, then the courts can do nothing, all Cabot have for us is one very poor dodgy cut & paste agreement for 1 of the 3 accounts listed in their claim, so there is some hope for us. Kind regards Bernie & Mrs
  24. Good evening Mr.Mould I have now finished my 2nd draft statement with a few additions, thank you very much for telling me about the Harrison case which I have included, I think this should help us along with Cabot’s further delay in filing their AQ, and still no response to my defence nearly 2 years on. On the Harrison case, did Link Financial win a case against him for £20,000 then he appealed and counterclaimed it back and won? My heads a bit muddled at the moment. My wife is printing up late tomorrow with the exhibits ready for filing on Monday so if you can spare the time to look at it and any suggestions then we would be very grateful. We are now going to try and get someone to represent us in court because you can have a good script but if its not all argued forcibly then the other side can walk all over you, going to try disabled groups to see what they can advise. I don’t think you can get legal aid unless your home is in immediate risk; however, it’s sometimes too late when it comes to charging orders and enforcement. I think my brother would be willing to pay for a solicitor at the next hearing if it’s not too costly, I can’t leave my wife alone to do this, she is terrified in court like most people, and the stress is certainly getting to us both. Kind Regards to you all Bernie & Mrs 2nd Draft Statement minus details.doc
  25. Thanks very much for that, I will have read up on that case and hope to post up my amended statement sometime tomorrow. Thanks Bernie & Mrs
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