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delinquentwoody

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  1. Thanks for your responses. To give a little more detail, the quote has a named driver of a Mrs L Roberts who I do not know, and the car due to be renewed is a Mazda 6 TS TD 143 which I do not own and have never heard of. Next to registration number it says "Unknown". They have put on a £450 voluntary excess. I'm mostly concerned as I saw something on Watchdog about this a few weeks back, it's a new [problem] done on several thousand people every year, whereby someone unwittingly buys car insurance through an unknowingly crooked broker, who buys them cover online giving a random strangers address and putting them as the named driver. They are then given genuine looking documents minus the real address - but when the customer comes to claim that's when they hit problems. The programme highlighted cases also where payments to the insurer weren't made properly and so the debt collectors went knocking on the home of the randomly chosen address. I'm strongly suspecting this is what's happened to me - and am concerned that I may get a knock on the door at any point in the future. I've subscribed to a credit file service but can't see anything untoward on there - but I was wondering if there is any other action I can take.
  2. I received a strange letter in the post today. A car insurance renewal quote from the AA, addressed to me, for a car I don't have (and have never had), with a named driver on the quote whose name I do not know. There is no car registration number given, only the make and specific model. The letter said about switching to the AA to receive the quoted price. This instantly raised alarm bells that someone, somewhere, has taken out a car insurance policy using my name and address. I immediately rung the AA and voiced my suspicions, and the call handler said they would pass this through to their fraud department to investigate. However I don't feel I've resolved this, as the policy someone has taken out isn't with the AA - it's with someone else - AA were just saying about switching to them. How can I go about finding out who this policy is with, and are there any authorities I should report this to? I'm a bit at a loss as to what to do here!
  3. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. The timescale for the phased return which the employers and the doctors have both agreed on is 8 weeks. We also have it in writing from the doctor, that he sees no reason with the adjustments made why she won't be fit to return to full time normal duties in this timescale. I think she just needs to have a meeting with them when she goes back on Friday to discuss that they may need to be a bit more flexible with her initially.
  5. Thank you for the quick reply! She has received SSP since the start of January when her full company sick pay went onto half company sick pay, this was topped up with SSP on top. SSP is still paid when on a phased return on days off - eg if a normal working week is Monday to Friday, phased return days are Monday, Wednesday and Friday, then SSP is still paid for Tuesday and Thursday as it is still the same sickness instance she is returning to work from. Thanks for the info on disability - and I'll put it to her to suggest about different absence trigger points but I wouldn't hold out hope for that. I just think it's unfair for them to count it as a separate absence occurence during a phased return which she's still receiving SSP for.
  6. Sorry - I did format this post into paragraphs but it hasn't posted that way.
  7. Hi,I wil try to keep my question concise, as it would be easy for me to go into too much detail on this, but I would really appreciate any help anyone can offer regarding my partner's situation at work. I've looked around the internet but can't find an answer anywhere. My partner has been off work for around 4 months on long term sick due to an operation on a slipped disc. Her employers have been very supportive during the time off and they have maintained regular contact on at least a weekly basis during this time.A phased return to work was agreed on reduced hours and alternate days, and necessary adjustments have been made in the workplace, and meetings have been had to agree everything. My partner is still in an extreme amount of pain with her back, the doctors have said they can't improve her condition any more and it is just a case of managing the pain. My partner had her first day back on Monday, and things went fine however in the final hour the pain was getting a bit bad, but she pulled herself through the shift. Yesterday was an agreed day off, however the pain became extremely intense, alot worse than normal, bad enough that my partner considered going to A&E.She made an appointment for the next available one at the GP. The only appointment available was this afternoon (Wednesday) during what would have been her second shift back on her phased return (an 11 till 3 shift). My partner took the appointment as the pain was intense. She rang work and asked if she would be allowed to leave an hour early unpaid to make this appointment, and if not she offered to start an hour early to leave an hour early. The employer told her to take the day off if she wasn't upto it and needed to see the doctor. Now why have I gone into so much detail, this will become apparent. Her employer has an absence policy of no more than 4 separate occurences or 4% absence is allowed in a financial year (September to September) before it rises to a sickness counselling, after this counselling any further instances rise to a disciplinary. My partner already had the counselling for her current absence, and has started the phased return knowing that she is allowed no more occurences of sickness until September. Now my question is this. The day she has taken off today (Wednesday) on her phased return, her employers have told her is to be counted as a separate occurence of sickness and they are not linking it to the sickness she is currently on the phased return for (and still receiving SSP for). Surely it should still be counted as the same occurence of sickness when she is still receiving SSP for it? And is it unreasonable to ask them to reduce the number of hours worked for the start of the phased return? It is my belief that as they are counting this as a separate occurence they will take her to disciplinary for this where they could potentially say she is unfit to do her job and get rid of her. My partner is itching to get back to her job - as bad as her back is, she hated being off work for so long and just wants to get back to it. Also, while I am here, I have one further question. My partner has qualified for a disabled Blue Badge, does this mean she now has to be recognised as disabled with regards to employment law, or would she need to be claiming DLA to be seen as disabled? And what further rights would this offer or should she be entitled to? We are carefully documenting everything her work tell her. Thank you for taking the time to read this, I hope it makes sense, and I appreciate any comments and advice. Mark
  8. Thanks for all your replies and very useful advice! I wrote myself some cue cards to read out in court based on the advice given here, I escaped a disqualification and the judge even complimented me on the quality of my defence preparation!! He gave me 6 points and a £300 fine in the end. Thank once again.
  9. Hi ,Any advice on my situation would be greatly appreciated! I have no experience of courts and little understanding of legal terminology etc! OK, so here's what's happened. Up until now I have a completely clean licence. Then last month I was stupidly speeding (doing 70 in a 40 zone) and pulled over by police. They said I was going too fast to be given a fixed penalty notice so it would go to court. The paperwork came which I completed and sent off, I pleaded guilty, and the letter said it was fine for me not to attend and a decision would be made. Today I got a letter, saying the court has decided to adjourn until the 18th July because I must now attend due to the seriousness of the speed I was doing, and because the court is considering disqualification!! There is no excuse for the speed I was doing, I cannot plead mitigating circumstances. However if I was to be banned from driving I would have no way of getting to work, no public transport and live too far away to walk or bike. Therefore I would lose my job, and as I am a shop manager, there would be noone else available to open and run the shop (a department store) so many other people's jobs would be affected. I also have a second job for which public transport and cycling is not an option. Is this something the court would take into consideration, would they consider giving me points instead of a ban if I told them this? Is there any certain terminology or how I should word things in court to explain this to them? Any advice is greatly appreciated! Thanks Mark
  10. Thanks for the quick response! I will send off for the SARS tomorrow. The two storecards were for Dorothy Perkins (from GE Money I think it was, or it may have changed to Santander), and Ann Summers (Creation Finance). I'll have to google for addresses. I will keep you updated on progress.
  11. Hi, OK Forgive me if the questions I am asking are a bit simplistic but I don't know much about the topic of PPI at all. My girlfriend had two storecards for a couple of years, which she took out around 3 years ago, which she paid account cover (ppi?) on these, she never asked to be signed up to this on either of them. The amount she paid was small, but can this be claimed back with interest, and does it matter if she was a bit behind on her payments to them at the time? She has been told that because she missed a few payments that she can't claim it back. She was told this when she rang one of those claims management companies up that come on daytime TV. (NB both cards are now paid off in full). I do not have the paperwork or account numbers for these cards anymore but I'm aware that I can do a request to the companies if I put it in writing to get all the statements etc. Now forgive me, I know this is basic stuff I'm asking but I have no knowledge of this yet, and any help to get me started would be appreciated. I know I don't want to go through a claims management company as their fees are expensive and I would rather do things myself. Thanking you in anticipation
  12. Have just had a reply from them nearly 6 weeks later - and guess what, it's the bog standard letter to say I haven't paid the membership. This is what it says. Dear Member We handle the monthly payment collections for the above, and according to our records the most recent instalment of your membership has not been paid. Now that this has happened, please cancel your existing arrangement with your bank and complete and return to us the new Direct Debit mandate overleaf. Please organise immediate payment of £22.20 to cover your arrears and our administration charge. There are four ways in which you can bring your payments up to date [etc etc] Please organise payment and the setting up of the Direct Debit IMMEDIATELY as your membership is now in arrears. If you require any assistance please contact our Customer Services Team. Your Faithfully, Collections Dept. So, it sounds like they have ignored my letter which I sent recorded delivery! What should I do now for the best? I have already advised them my membership is cancelled and have cancelled the direct debit and I do not owe any more money. Help! Thanks
  13. Thanks, the letter should be arriving on their doorstep this morning, I will keep you updated.
  14. Sorry, for some reason the letter wouldn't format correctly
  15. Thanks slick132 and thanks to Bullitt742 for creating the letter that I have based mine on. This is the letter I'm planning on sending, the main amendment I have made is the addition of the 4th point to ask for the refund. I know it's unlikely I'll get anything but I guess I've got nothing to lose by trying! Feedback before I send the letter of would be appreciated Ashbourne Management Services Ltd Marlborough House 679 Warwick Road Solihull, West Midlands B91 3DAR To whom it may concern, Membership Reference I have cancelled my direct debit to Ashbourne Management for the gym membership as I no longer use the facility.I would like to bring to your attention the court case against yourselves regarding the investigation carried out by the OFT (Office of Fair Trading). As the ruling covers every aspect of Ashbourne Management’s Terms & Conditions of contracts I will highlight specifically which points within the Judge’s ruling are specific in my case. 1) I would like to highlight Section 1, paragraphs 1, 2 & 3 of the Judge's ruling;“Various terms of Ashbourne's standard form agreements are unfair contrary to the Unfair Terms in Consumer Contracts Regulations 1999. In particular:- Terms in contracts 1 to 10 which required consumers to pay in full for the remainder of the minimum membership period if they wished to cancel during this period. This was both because the minimum term operated as a "trap"; for consumers who overestimate the use they are likely to make of the gym, and also because the contracts unfairly gave Ashbourne the right to demand too much in payment. - Terms in contracts 6, 8, 9 & 10, which require the consumer to give cancellation notices to Ashbourne, rather than the gym. In fact the contracts were between the gym and the consumer, and so the consumer should be able to deal directly with the gym.” 2) Further to this, your conduct regarding communications to me are in breach of the Consumer Protection From Unfair Trading Regulation 2008. I would like to highlight Section 4 paragraphs 1, 2 & 4 of the Judge's ruling; “Ashbourne has engaged in unfair commercial practices contrary to the Consumer Protection from Unfair Trading Regulations 2008. In particular:- Including contract terms that do not properly set out the consumer's rights -for example because they are unfair or otherwise poorly drafted.- Reporting or threatening to report sums to credit references agencies where the sum owed was unfair, merely a claim for damages, otherwise not due or was disputed by the consumer.” 3) I would like to acknowledge that Ashbourne Management’s conduct within the communications to myself contradict the instructions given to Ashbourne Management by the OFT. I would like to highlight Section 5 of the Judge's ruling;“The Judge also noted that Ashbourne had already undertaken to the OFT not to:- exaggerate the significance or consequences of reporting sums to Credit Reference Agencies;- threaten to report consumers to credit reference agencies without also informing them of their rights to access and correct their records;- send letters from a "litigation department" that does not exist, or otherwise threaten legal proceedings when it has no intention to issue such proceedings.” With points I have raised and including the Judge’s ruling regarding Ashboune Management’s working practises and illegal conduct, I conclude that I do not owe Ashbourne Management any further payments and consider this matter closed. Any further communications by Ashbourne Management or ARC Europe Ltd will be forwarded to my solicitor for legal action. 4) In addition I would also like to raise the point from the Judge's ruling: "The judge.. ruled that the minimum terms in ten of the contracts [including my contract] were completely unfair.. if they tie the consumer in for more than 12 months." As the Judge's ruling says that gym memberships over 12 months are illegal (unfair to the consumer), I have paid my membership beyond these months unnecesarily as I have previously tried to cancel the membership in the 12th month but was incorrectly told by yourselves I was not allowed to as I was tied into a 3 year contract which is now deemed illegal and unenforcable as the contract duration is longer than 12 months. Now this has come to light I am demanding a refund of all monies paid beyond twelve months. I have not used the gym since month 12 as I did not wish my membership to continue beyond this time as I informed you at the time.Along with my refund I also ask you to send written confirmation that this contract has now ceased and upon refunding of my excess membership fees paid that no further payments by either party will be required. A copy of this letter, which has been sent to yourselves by recorded mail, has been forwarded to my solicitor. Regards,
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