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mymoney001

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  1. has any one had similar experience and able to recommend a insurance company thanks
  2. thanks for the information what does she have to do now. Will she be refused insurance for the non disclosure or will it be a case of paying higher premiums will she struggle to find insurance cover.:?
  3. Hi all site is great and comes highly recommended by my work mates My sister has a dilemma and is looking for some urgent help. She took out a new home and contents insurance policy with esure in Oct 2008 as she was under a lot of stress at the time divorce / loss of job etc failed to mention 2 previous claims some 3 years ago. when the documentation came in the post automatically signed them and sent them back. (To cut a long story short) She than had a pipe burst during the cold spell notified the insurance company of the burst pipe and registered a claim. damaged flooring / furniture / wall After previous discussions with the company trying to clarify the situation thay have finally come back and said that thay are cancelling the policy due to non disclosure of previous claims/ thay have returned the amount paid into the policy. Can they do this and is this common practice what does she do now to get home and contents insurance .
  4. REPLY FROM THE DEALERSHIP Dear Mr XX Thank you for your further email received today. I respond in your paragraph order. Your initial enquiry was taken by our sales consultant Roger XX not our sales manager as you indicated, When you rang we had been inundated by calls for the vehicle, you were told the same as the other callers, that the vehicle could only be held with the payment of a £500 deposit in order that the vehicle could be taken off sale. By receiving your deposit this secured you the vehicle and other customers were then told that the vehicle was now sold. We told you that the payment of the deposit secured the vehicle, was sold to you and the vehicle was taken off sale. At no time did you indicate that the sale was subject to any condition. A deposit is paid as a commitment to the purchase and is non refundable. We would not take a vehicle off sale unless we are satisfied that the vehicle is sold and the £500 deposit gives us this commitment. When the vehicle was being checked in our workshop the technicians noted that the electric windows were not operating. As Roger was unsure what time you were setting out he contacted you to tell you that there was a problem which we were trying to fix but there could be a delay upon your arrival. You asked if you could take the car and return it later if the fault had not been fixed. Roger promised to ring you back, although he accepts that he said he would ring you back in 5 minutes this was not intended to be exactly in 5 minutes more that he would call back very soon once he was satisfied that he had all the relevant information. However the Aftersales Manager had some concern that the brakes and discs were not up to our exacting standards and advised these to be changed. This was not fully necessary as the vehicle had an Mot and the brakes passed the brake test. We are not however the type of company who would release a high performance vehicle unless we were fully satisfied with the vehicle. Roger quite rightly informed you that the parts had been ordered and were due to us on Wednesday morning and re-scheduled the collection for later the same day. Both the window electrics and the replacement brakes and discs are service items and would not be described as extensive repairs. When we spoke on Wednesday you were not told that more parts were required but that the brakes and discs due from Renault were back ordered and were not now due until Friday or Monday. The availability and delivery of these parts is completely out of our hands, we were dealing with a genuine Renault dealer for genuine Renault parts and could do no more. Roger did indeed leave for annual holiday and you rang and spoke to another sales consultant Ben XX wishing to cancel the vehicle. My Co Director David XX contacted you and explained our position very clearly that we were awaiting service parts which would be fitted as soon as they were in stock which would be either Friday or Monday. You stated to David that you still wished to cancel the order and David informed you that you would lose your £500 deposit by cancelling the vehicle, despite this you officially cancelled the order by email on Monday 31st March 2008. The parts did arrive on Monday as promised but you did not wish to take delivery of the vehicle. I am satisfied that my team have acted with the utmost integrity in refusing to deliver the vehicle to you until we were fully satisfied with the overall condition. I am further satisfied that we simply could not obtain the required parts any quicker. As the car was now ready for collection there was no reason for you to cancel the vehicle. As stated a deposit is taken as good faith towards the purchase, a contract to purchase the vehicle is then made and the deposit is the security to take the vehicle off sale and confirmation that you will be the next owner. Equally it would have been unreasonable of this company to cancel the agreement with you if another buyer had offered to buy the vehicle at a higher price. You were under no illusion that the payment of the deposit secured the vehicle for you, had you not have done so it is likely that the vehicle would have been sold to someone else. By law we do not have to accept your cancelled order as we had a legal contract to supply the vehicle to you. We have however accepted the cancellation of your order for the vehicle and retained your deposit as confirmed by David XX, my Co Director. Should you wish to take legal action this company will defend its’ position rigorously and further counter claim for breach of contract, loss of profit, interest and of course, where possible, our own expenses. Yours faithfully Managing Director Sent by email 8th April 2008, hard copy posted
  5. Thanks Joncris I will get this sent of today and await the reply mymoney. quote=JonCris;1461443]Letter before action by recorded letter and email Dear Mr xxx On the 21 st of March I contacted your company to make enquires on a vehicle your company have been advertising on the web when I discussed the particulars of the vehicle with your sales manager I expressed that I was interested in the vehicle and was considering purchasing it. The sales manager outlined that I would have to leave a £500 deposit to hold the vehicle until I could visit for a test drive and inspection. Although I thought this unusual I did pay using my card over the phone. At NO time was it suggested either in person on the phone or in writing that this deposit was non-refundable and had it been I would have refused to have anything more to do with your company. It was arranged that I should test drive and if satisfactory collect it on it on 22nd March 2008 after it had been cleaned. At 10.30 am I started to make my way from my friends house which is in Northampton on Saturday 22nd March and after having travelled (miles here) I received a call at approximately 11.45 from the sales manager to tell me that the vehicle would not be ready for collection, that the windows were not winding up or down and this needed to be fixed . At no time was I informed that it required, what now appears to have been, extensive repairs before I could collect it until after I had started my journey to your garage Although a major fault after having travelled so far and being in need of transport I suggested that subject to a satisfactory test drive I would take it and return at a later date to have it repaired The sales manager then asked me to ring back in 5 minutes which he failed to do so after 5 minutes I phoned you to be told by the same manager that the brakes are also faulty and needed changing. Furthermore I was notified by the manager that the vehicle would now not be ready until Wednesday 26th March. Throughout the time leading up to Wednesday 26th March I had repeatedly called to clarify the status, and it was confirmed that the car would be available for collection on the prearranged date of Wed 26th March 2008 On Wednesday 26th March I again contacted you and was told due to a lack of more parts the vehicle was still not available for collection. I was then given another date of Monday 31st March as being the date that the car would be available. On Thursday I contacted the dealership to speak to the sales manager only to be told that he was on Holiday. David stated that he would need to talk to the manager and that he would contact me later that day or the following day. When I then spoke with David xxx, I expressed my concern to him and that I wished to cancel the order as I had not only been subjected to considerable inconvenience but that the vehicle was not road worthy as described. It was at this point and only this point that I was told that the deposit was non refundable. I immediately expressed my disagreement pointing out that I have never been notified of this and had I been I would not have complied. David said he would contact me. I waited until Monday morning as I had not heard for David, I phoned and was told by David xxx that the deposit would be refunded in full, but he needed written Confirmation from me stating that I am cancelling the order; this needed to be sent to the accounts department which I duly did via email as follows For the attention of the accounts department suzuki randles I wish to cancel the order of the renault megane due to lack of confidence and ability to deliver the vehicle on time can you please return the £500 deposit to my address provided please. thank you As I believe it will be a waste of time I will not bother to reiterate your response here other than to say you refused my request. It is also suffice to say that if you claim you are retaining my deposit because of the repairs I would remark didn’t you expect to do them anyway? or are you in the habit of supplying un-roadworthy vehicles when you claim to be a ‘reputable’ garage Please note that unless I receive my full refund within the next 7 working days I shall not hesitate to issue court proceedings. This action will not only add court costs but may also add further damages to cover my time, trouble and expense attempting to travel to your premises I await your earliest responses at your convenience Yours faithfully
  6. Jon I have now drafted the sequence of events as they occurred can any one plesee forward their comment before I post Thanks mymoney Letter before action Statement of evidence Dear Mr xxx On the 21 st of March I contacted your company to make enquires on a vehicle your company have been advertising on the web. I discussed the particulars of the vehicle with your sales manager I expressed that I was interested in the vehicle and would like to purchase it. The sales manager outlined that I would have to leave a £500 deposit to hold the vehicle and did at no time state that the car was not road worthy, and I would be able to collect the vehicle on the 22nd March 2008 after he had organized for the vehicle to be cleaned. I paid the £500 deposit over the phone, and was informed the vehicle would be available for collection on the 22nd March.2008. I started to make my way from my friends house which is in Northampton on Saturday 22nd March, at approx 10.30 . I then received a call at approximately 11.45 from the sales manager to tell me that the vehicle would not be ready for collection, that the windows were not winding up / down and this needed to be fixed . I expressed that I was in need of a car and if it was in a drivable condition ,I’ll take it and return it to have it fixed at a later date. The sales manager then asked me to ring back in 5 minutes , after 5 minutes I phoned back to be told by the sales manager that the brakes are also faulty and needed changing. Having come so far and to be told that the vehicle would not be available was very frustrating and a unacceptable approach to customer relations . I was notified by the sales manager that the vehicle would now not be ready until Wednesday 26th March. I quickly had to rent a car to enable me to go about my business having been let down by a so call reputable garage. Throughout the time leading up to Wednesday 26th March I had made several calls to clarify the status, and it was confirmed that the car would be available for collection on Wed 26th March. On Wednesday 26th March I contacted the Dealership again, only to be told the parts have not arrived and the vehicle was still not available for collection. I was then given a date of Monday 31st March as being the date for the car to be available. On ThursdayI contacted the dealership to speak to the sales manager only to be told that he is on Holiday. I then spoke with David xxx, I expressed my concern to him ant that I wished to cancel the order as I had not received the vehicle as stated and that from the offset that the vehicle was not road worthy and the fact that the sales manager was economical with the truth. David had stated that the deposit was non refundable, I expressed that I have not signed any agreement with you, your dealership has failed to deliver the goods in the stated condition, and within the stated time frame and still are unable to deliver. David stated that he would need to talk to the sales manger who was on holiday and that he would contact me later that day / following day. I waited until Monday morning as I had not heard for David, I phoned and was told by David xxx that the deposit would be refunded in full, but he needed written Confirmation from me stating that I am cancelling the order; this needed to be sent to the accounts department. David gave your name as the point of contact and I emailed the following note to you ; - For the attention of the accounts department suzuki randles I wish to cancel the order of the renault megane due to lack of confidence and ability to deliver the vehicle on time can you please return the £500 deposit to my address provided please. thank you.In reply to this I then receive your email stating: - Address Reference 1st April 2008 Dear Mr XXX I am in receipt of your cancellation request received by email 31st March 2008 reference the original purchase of a Renault Megane Sport Registration Number BJ0xxxx On 21st March 2008 we took a deposit of £500.00 towards the purchase of the above vehicle. Although we accept that you asked if it was possible to collect the vehicle on 22nd March 2008 it was not a condition of the sale. Indeed upon inspection of the vehicle the Service Manager felt that although there was still sufficient life left in the brake pads and discs to pass its Mot that these components were best replaced to ensure safety of the vehicle in the months to come. The components are of a specialist nature and can only be ordered from a Renault main dealer. These were ordered to arrive to us on Wednesday 26th March 2008 and you were informed of this. On Wednesday we were informed by the Renault dealer that the components were back ordered and would be expected either Friday 28th March or Monday 31st March, you were also informed of this. I can confirm that the components did in fact arrive on Monday 31st March. This company has been trading since 1952 and we have an excellent customer service record. I believe my team have acted (as usual) with the utmost integrity in taking the decision to replace the components prior to delivery as opposed to possible future confrontation and customer dissatisfaction. I have viewed the ordering cycle for the components and spoken directly to the Renault dealer and can confirm that neither this company nor the Renault dealer could have acted any quicker. I believe that your decision to cancel under these circumstances is wholly unreasonable. A deposit is paid in good faith on both parties and in general is non-refundable, I must admit that we do refund deposits where justified and at our own discretion usually for medical reasons or changes to the customers financial position. As there is clearly no moral reason to refund your deposit we now accept your official cancellation but will not refund the deposit already paid. Yours faithfully Sent by email 1st April 2008, hard copy posted Points I wish to raise with you are: Par 2. Although we accept that you asked if it was possible to collect the vehicle on 22nd March 2008 it was not a condition of the sale. Why would this not be classed as a condition of sale when I am travelling all this way to collect a vehicle that I have clearly been told the vehicle will be available on the said date. I believe this is categorized as a point of sale as we have agreed a price / time of collection. Par. 2a Indeed upon inspection of the vehicle the Service Manager felt that although there was still sufficient life left in the brake pads and discs to pass its Mot that these components were best replaced to ensure safety of the vehicle in the months to come. Only when I prompted the sales manager did he mention that the brakes where faulty, as his fist call only mentioned the state of the windows. Par .5 I can confirm that the components did in fact arrive on Monday 31st March. You committed to delivering the goods on a specified date and a week later the goods are still not ready Par 7 I believe that your decision to cancel under these circumstances is wholly unreasonable. Based on the facts you or your company have offered no support or service to remedy the situation other than to take my money for a product which you have failed to deliver . Par 9 As there is clearly no moral reason to refund your deposit we now accept your official cancellation but will not refund the deposit already paid. A member of your staff has clearly stated that the deposit would be refunded prompting me to send the required email to you. I am very disappointed with the way that you have responded to my email of the 31st march 2008. I require repayment in full of this money, If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. Yours faithfully, [name]
  7. thanks for the advice Jon Is there a particular letter i should send or will this be a std template but modified for the purpose
  8. Help needed Is this a April fools windup ????? I took a liking to a car on the Suzuki Renault web site, on the 21st Mar 2008, I then contact the dealership to discuss the car and left a deposit of £500. 00 with my card, I was informed the car would be available for collection on the 23rd March. At this point no contract or documentation has been signed by either party. The dealership is based in Stoke on Trent so it meant a 75 journey for the collection of the vehicle. Whilst making my way to collect the vehicle I received a phone call notifying me that the car will not be ready as the brakes needed to be replaced. At this point I had incurred travel cost to Birmingham .so far I was informed that the vehicle would be ready be Wednesday of the following week. I phoned on the Wednesday to see if the vehicle was ready for collection only to be told that it would not be ready until Friday. As I had not received the goods as I requested I have decided that if I am experiencing a problem before the purchase of the vehicle that I am likely to experience further difficulty once I own the vehicle. I contact the dealership to speak to the sales person (I am informed is on holiday) I then speak to the sales manager who, tells me he needed to speak to the sales rep before a decision can be made. I waited until Monday morning and contacted the dealership again , I spoke to the sales manager who informed that the deposit would be refunded and that I would need to send a written letter to the accounts manager stating the details of why I have cancelled the car. I took the email address and sent a email only to receive the following reply : - Word/letters/10408 1st April 2008 Dear Mr xxx I am in receipt of your cancellation request received by email 31st March 2008 reference the original purchase of a Renault Megane Sport Registration Number BJ0xxx. On 21st March 2008 we took a deposit of £500.00 towards the purchase of the above vehicle. Although we accept that you asked if it was possible to collect the vehicle on 22nd March 2008 it was not a condition of the sale. Indeed upon inspection of the vehicle the Service Manager felt that although there was still sufficient life left in the brake pads and discs to pass its Mot that these components were best replaced to ensure safety of the vehicle in the months to come. The components are of a specialist nature and can only be ordered from a Renault main dealer. These were ordered to arrive to us on Wednesday 26th March 2008 and you were informed of this. On Wednesday we were informed by the Renault dealer that the components were back ordered and would be expected either Friday 28th March or Monday 31st March, you were also informed of this. I can confirm that the components did in fact arrive on Monday 31st March. This company has been trading since 1952 and we have an excellent customer service record. I believe my team have acted (as usual) with the utmost integrity in taking the decision to replace the components prior to delivery as opposed to possible future confrontation and customer dissatisfaction. I have viewed the ordering cycle for the components and spoken directly to the Renault dealer and can confirm that neither this company nor the Renault dealer could have acted any quicker. I believe that your decision to cancel under these circumstances is wholly unreasonable. A deposit is paid in good faith on both parties and in general is non-refundable, I must admit that we do refund deposits where justified and at our own discretion usually for medical reasons or changes to the customers financial position. As there is clearly no moral reason to refund your deposit we now accept your official cancellation but will not refund the deposit already paid. Yours faithfully Mr xxx Sent by email 1st April 2008, hard copy posted Can you please advise as to the next steps to obtain my money I have phoned Mr. Ward and requested the refund, he has stated that they have seek legal advice and the deposit is not refundable. Since then they have increased the price of the vehicle by a £1000 and readvertised
  9. We had a accident back in Feb when our 2 year old son marked the suite with a perm marker. Contacted insurance company (Esure) who took details and said they would send out a company to assese the damage and possibility of removing marks / repair. On the day the compnay rep came round and looked at the damage said it was not possible to remove the marks and took half a dozen photos and said we should hear from the insurance company in approx 7 days, if not give the claims dept a call. 7 days passed nothing from Esure so I cantacted the claims dept. Esure said that they had recieved the information and they were only waitnig for me to find a new suite and submit the detials to them. The following weekend we went out and found a replacement suite of similar structure and quality. Contacted Esure with the details, they then said that some of the evidence was not clear and that the rep would have to call around again to take some more photos. It turns out that they were sending some one around from a loss adjuster company. When he came a round he assesed the marking, questioned the ability of my children and how they are able to make these marking, i sure if my children were at home at the time he would have tried to interegate them. He took several photos, i completed a statement of what happened and he left. That was 3 months ago since then I have contacted esure on several occasions only to be told 1. It has been settled and that you should be hearing from us soon. 2. your file cannot be located. 3. Your claim is being handle by another dept. I have recently wrote to esure explaining the circumstances and that was 3 weeks ago and to date i have not recieved a reply, I still maintain my premiums with esure as i think if i take my business elsewhere this will be the opportunity for them to say that as I have cancelled the policy therefore the claim does not stand. Any advice anyone
  10. Steve Let me clarify the situtaion Item 1 and 2 are from the 1st natwest claim and the second claim commenced mid Feb 2007 and currently still in progress with Cobbetts so from item 3 to 11 is 2nd claim (natwest CC claim) documents colleted today witness statement which has just been posted and defence docuemnts which has also been posted next stage due in court tomorrow Defence posted in 13 is for the previous claim Bank ac and defence in post 19 is for the current claim NWCC Hope this clarifies things
  11. Witness statement include with defence Application notice Part A The defendant Natwest Bank Intend to apply for a n order that part of the claimant statement of case is struck out. The part of the statement of case discloses no reasonable grounds for bringing a claim of this amount under CPR 3 .4 /2a Part B We wish to rely on the attached witness statement . I am a solicitor having conduct of this matter on behalf of the defendant on whose behalf I am authorized to make this witness statement I make the witness statement from facts within my own knowledge save where otherwise stated. Where otherwise stated those facts are provided to me by the defendant I make the witness statement in support of the defendants application dated 31 May 2007 for an order that part of the claimants claim be struck out. The grounds of the application are that the defendant believes the fact ref to in part of the claimant claim do not disclose any legally recognizable claim against the defendant. Back ground of application The clainm was issued by the calaimant under CPR part 7 on 21 Feb 2007 LCB1 page 5 and the claim form was served on the Natwest bank The claimant caims the return of charges taken from his credit card account in respct of penalty charges in the sum of £4739 together with statutory interst under s .69 county courts act 1984 at an anuuaul rate of 8% Following the defendants request for further information served on 26 March 2007 the claimant provided a schedule of charges he wished toclaim. The schedule is attached at LCB1 page 6-8 . Upon receipt of the schedule it came to the defendants attention that the claimant was in fact only claiming £377 charges and the remaining part of the claim relates to interest that has accrued on the account. Pursuant to sect 69 of the county court act 1984 the claimant is entitled to claim interest at a rate of 8% a year from the date that the charge was incurred until the date of issue of the claim form, and also interest at the same rate up to the date of judgement or earlier payment at a dialy rate of £ 0.22p . The defendant calculates th interest pursuant to hia claim and accruing from the date of each charge was incurred until May 2007 total £77.89 It is the defendants view that the additional interest included within the claim has accrued on the account primarily and extensively due to the claimants transactions and only a small part of such interest is as a consequence of charges levied on the account. Application to strike out Pursuant to part 3.4 2a CPR a court may strike out a part of a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing the claim. I respectfully submit that the interest figures detailed within the fourth column of the claimants schedule of charge accrued in line with the claimants banking contract with the defendant and as a consequence of the claimants spending on the account and is not recoverable in contract and or within these proceedings. I respectfully submit that the claimants has no real prospect of succeeding on this part of The claim in relation to interest on the basis that the claimant has suffered no losses due to a breach of contract by the defendant. Accordingly I would ask the court to strike out this part of the claimants claim in pursuant to CPR 3.4 2a
  12. got your message - please post Cobbetts strike out request as soon as you can Witness statement to follow Details of Defense from cobbetts 1 this defense is filed and served without prejudice to the defendants case the part of claim do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges ( and interest thereon) referred to in the Part of claim or any other sums. In the event the the claim is not properly particularized then the defendant will apply to strike out the claim and / or for summary judgment in respect of the same 2. Without prejudice to the non – admission set out in the foregoing par, if and to the extent that the claimant proves the allegation the defendant debited charges to the bank account , insofar as such charges were debited on a date or dates more than six years prior to the issue of the claim, any remedy in respect of the same, whether damages , restitution or otherwise is barred by the operation of the limitation act 1980 and . or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and or for summary judgment. 3. No admissions are made as to what charges have been debited to the claimants account. 4. The claimant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge. The date the same was debited the amount of the sum and the desc applied to each. 5 In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the UCTA1977 and/ or UCTCR 199 and or common law the claimant is required to identify 5.1 (a) the section of the UCTA 1977 (b) the regulation of the UCTCR1999 and © the principles of common law relied upon by the claimant in alleging that the contractual provision referred to are unenforceable and 5.2 the contractual provision that the claimant alleges are invalid by ref to UCTA 1977 and or reg. Until such time as these sections , regulations , provisions are identified the defendant cannot plead to the allegation referred to in Para 5 above. The defendant therefore reserves its right to plead further allegation once and if the claimant identifies the relevant contractual info. 6. In relation to the case the claimant that the charges are unreasonable within the meaning of section 15 of the supply of goods and services act 1982 the defendant pleads as follows: 6.1 The claimant is required to plead and prove the nesses say factors referred to in sect 15 SGSA concerning the contract between the claimant and the defendant which mean that pursuant to SGSA section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract. 6.2 Further the claimant is required to plead and prove that the bank charges which have been debited are unreasonable all facts and matters relied upon by the claimant in support of this case and what charges would have been reasonable 6.3 In circumstances no grounds are disclosed for the claim that the defendant has acted in breach of SGSA section 15. 6.4 In the circumstances the defendant is unable to plead to this section to the allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all. The defendant reserves its right to plead further to this allegation once the defects In the pleaded case referred to in Para 6.1- 6.3 above are addressed. 6.5 It is the case of the defendant that the contact btw the claimant and the defendant does not fall within SGSA section 15 because the consideration for the service would be determined in a manner agreed by the contract or determined by the course of dealings btw the claimant and the defendant. The claimants claim for cost not being sufficiently particularized the defendant is unable to plead and reserves the right to plead upon further particulars To assist the claimant with the proper particularization of the claim the defendant serves with the defense a request made pursuant to CPR part 18. if the claimant fails to prove the particulars requested in the time stipulated and or the defects with the claim ref to in Para 1 remain the defendants will apply to the court for among other things and order striking out the claim Pending the proper particularization of the claim the defendant is unable to plead to the claimants claim beyond at this stage denying that the defendant is liable to the claimant as alleged in the claim. The defendant reserves its right to amend this defense to plead further to the claimant claim once or if the claimant properly particularize the same. 10 Save as hereinbefore appers the defendant joins issue with the claimant on the claims and denies that it is liable to the claimant as alleged or at all. LC Burgoyne Dated 26th March 2007
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