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Everything posted by Still_surviving

  1. Not 100% sure as its been a while since I worked in the business, but I believe in the event of a total loss, they ask you to settle all outstanding premiums as the insurance on that vehicle has ended for good. Are they asking for the whole premium or pro-rata to date of accident? If your son had fully comp insurance, his insurance company would handle everything inc chasing the third party, however if he had TPFT cover, you will probably end up handling this yourself direct with the other party's insurer.
  2. You need to get other opinions, but its my understanding that product liabilty insurance covers against installed goods being defective and causing damage to property. That ismt the same as a halfwit builder taking a good product and installing it badly imho https://www.simplybusiness.co.uk/insurance/faq/what-is-product-liability-insurance/
  3. Public liability covers damage to members of public by the builders actions....ie tiles fall off roof and hit a member of public Employers liability covers injury to builder and people working for him on site....ie someone falls off a ladder and cant work for 6 months Product Liability Insurance is for where the product being installed is defective in some way....ie he installs a faulty electrical item and it cathes fire Builders Professional Indeminity (quite rare) would cover against his mistakes and omissions Contract Works Insurance covers jobs that are underway and get messed up by outside forces such as fire and flood. Most builders of any repute would probably have 1 and 2, the rest is a maybe Hope this helps....im not an insurance expert, just work for some brokers doing their books etc for 20 years and have heard lots of tales You need to find out what cover he has.
  4. Over 3 years later, my brother has had yet another OPC chase up letter....over 5 years since the original incident Usual threatogram advising to him pay or will consider immediate court action. My initial reaction was to file it with all the others, however he was concerned that the advice on other consumer sites is now not to ignore such letters, and send in a sternly worded letter stating your intention to defend any action etc Seeing as CAG has steered me right on all other matters, and that this is so old it is outside POPLA, I would appreciate some confirmation of correct action Given that it was dark, peeing with rain, he was visiting me and can call me as a witness, surely this one is a load of old bull?
  5. When you sued these people originally, was it definitely a limited company (or PLC or LLP) that you listed as the defendant?
  6. Oh well....did another credit search today and the Cabot/M&S defaulted account is still showing there 12 days after it should have disappeared. I guess its a complaint/request to Cabot asap. Equifax seem to have a labyinth of online menu options to follow before you can get anything done Why is nothing straightforward?
  7. Should the CRAs automatically remove a 6 year+ defaulted debt or do I need to do something myself? Just got an Equifax Report today, and was rather disappointed to see that this M&S Card debt is still showing despite an (incorrect) default date of 30.05.10
  8. Aye - just fancied having an extra string to my bow in case I was to get some demented old judge who accepted the default date on my credit file was the relevant date. Anyway will just wait and see if anything arrives in the post
  9. I read somewhere that Marlin Financial were sold to Cabot recently. In the last week Ive started to get 2-3 calls a day on my work telephone number (Im self employed and work from home) - they always ask me to go through security and I always refuse politely and put the phone down. I think they are getting into a lather having seen the default date registered with the CRAs is 20.05.10......only thing is, this debt is statute barred from quite a while back. Last payment date October 2009, Default note dated early Jan 2016 with 14 days to rectify. Fully anticipating getting a last minute court claim if they are working off their wrong date on file Will have to formulate a defence that mentions statute barred AND change from storecard to credit card without paperwork
  10. Do not assume that the default date on your credit file is actually the date that your account was put in default - often there can be many months between the default notice being issued and a default being registered with the credit agencies. There was seven months difference on two of my accounts, and many others have had big differences between the two dates.
  11. Was this always a credit card, or was it one of the many in house store cards that was converted to a credit card?
  12. Your relevant dates are even closer to mine than I originally thought. You must not assume that the default date on your CRA is the same as when a default notice was issued to you. In my case there was six months difference and I know from reading other forum links that this was pretty typical. Barclaycard (often via Moorcroft Debt Recovery) would issue a default notice, but carry on charging on late fees and interest for many months before giving up the ghost and assigning the debt. The statute barred period runs to six years from the first cause of action, not from when it got registered with a CRA. A default notice will give you a set period to rectify the breach (in my case 17 days) after which they can unleash hellfire and brimstone on you. Your date of last payment gives a good chance of staute barred, but getting sight of the default notice/rectification date would possibly make it rock solid. The interest rate thing looks like a typo - 8% interest on £11k for around 6 years is not far off the interest figure you quote
  13. Is 29.07.10 the date that is showing as default date on your credit file? If thats the case, then the actual date you would have received a default notice was probably several months previous. (The dates you are quoting are very similar to my own case) I would hazard a guess that 29.07.10 is the date that MKDP took over your debt, and thats the date they registered with CRA? In my case, last payment was 09.10.09, default notice issued 11.01.10 with 17 days to rectify the breach.. ...all of which passed the six year mark with nothing from Hoist. In your case, your last payment was a month later (would be useful to get the exact date) but you could still be okay for statute barred. From what Ive read on these wonderful forums, while some judges allow statute bar to run from date of last payment, some work from default notice date - so best to cover all bases.
  14. If it helps stiffen your resolve, I just searched Link Financial at Companies House, and they made £4million profit in their last published accounts......poor dears
  15. Ive been going through a similar situation as yourself with MKDP (Now Hoist Portfolio) and Robbers Way. My last payment was October 2009, default note 11.01.10 and rectification date on DN of 28.01.10 My default was actually registered with the credit agencies with the same date MKDP took over the debt (July 2010). It seems that Barclaycard like to fleece people for a few extra months interest and charges before throwing in the towel. Would be interested to know if yours was the same. Having exchanged views with slick, its my view that the cause of action date is no later than the rectification date on the DN. After that date, they could have chosen to commence legal action - the fact they chose to delay is down to them and should not alter the start of the limitation period. Its entirely possible this is a bit pessimistic, and the cause of action is more closely linked to the date of last payment.....as im sure you know by now, its all a bit vague
  16. Ultimately though, I firmly believe that this whole debt is now statute barred. Given the following key dates, would you not agree? Last payment : 10th October 2009 Default Note Issued : 11th January 2010 Date Stated on Default Note to rectify breach : 28th January 2010. I must admit I was getting twitchy each day the postman came up to the end of January, but given their lack of legal action, I dont see how this debt can now be enforceable
  17. BCard.pdf Here is the letter I referred to....didnt realise things had to be PDF these days
  18. Hi Slick Today I received a response to my CCA request direct from Barclaycard. Whilst the letter contains nothing much that hasnt been seen on these forums many times before, there were two things of interest: (i) They openly admit that "due to circumstances beyond our control, we no longer hold a copy of your executed agreement". Hmmm who does control storage of agreements then? (ii) They make reference to Regulation 9 of the CNC regulations, the gist of which seems to be that for old agreements, they can just send copies of terms and conditions. I guess this is for S77/78 purposes but not for enforcement? However, you always run the risk of getting a judge who pays no attention to such things and allows it. Even more amusing was the fact that nothing was actually enclosed with the letter....so round we go again with letters to B/Card and Robbers Way.
  19. Decided to CCA Robbers Way a week ago to see if they would come up with my agreement this time....after all they have threatened legal action via Cohens Standard response received today...."Have to request paperwork from original creditor.....account on hold pending receipt....blah blah" Amazing how these people can embark on legal action with the most important piece of evidence missing
  20. Thanks slick as always your advice is very welcome Would also mention that I only ever got generic terms and conditions when I did my CCA request many years ago, and I would be very surprised if they have the agreement given it was taken out in the 1980s
  21. Updated charges spreadsheet is £11761 using 29.99% or £7560 using 24.99% Soime of the charges date back to 2001/02....could be fun finding the barclaycard statements in storage. I know the charges were made because I have used banking software since 1999 and all the charges are shown in there. Could someone point me in the right direction for next step? Also are these claims having any success.....the couple of threads Ive had chance to read have gone rather quiet
  22. Wonderful.....got a letter today from Howard Cohen Solicitors today dated 02.01.16 giving me 10 days to make payment else legal proceedings will be commenced without further notice. Kind of hard to make payment (if I wanted to) when the deadline has already passed. Last payment on the account was 10.10.09 having just double checked, and Mercers issued a default notice on the 11.01.10 Its all very tight on the SB front, and it seems rather convenient that Howard Cohens letter supposedly takes 11 days to arrive. Will look at my charges spreadsheet asap and post results here
  23. Had a letter from Robbers Way today stating they were about to transfer my case to Howerd Cohen solicitors, for the consideration of legal action. If they are going to do this, will I get a Letter Before Action first, or just the claim form dropping through my door? Slightly in limbo at the moment......6 years and 3 months since my last payment, however end-January is what Slick suggested as SB date to be safe.
  24. Hi Slick Just so you know, I value this site's advice above all others, and yours in particular has helped me overcome some very large obstacles I only mentioned the NDL site as its a biggie, and perhaps the first people might go to for info if they werent aware of CAG. As Ive previously mentioned on my thread, the last time I did the spreadsheet calc it took a £9k chunk out of a £10k debt.....to be absolutely honest, I was hoping I could limp across the SB finishing line without the extra battle of taking on Barclays. Im certainly not afraid of the fight, but have so much work on at the moment its hard to free up sufficient time. I will update my sheet using 24.9% and let you know
  25. Have a feeling that in order to get some sort of control over this matter, I will need to pursue the charges/restitutionary interest claim mentioned before. By doing this will I be resetting the SB clock? I assume BC would want to get the account back from Hoist / Robbers Way in order to offset any settlement against the balance outstanding
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