Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by Pupter

  1. Long story slightly shorter. We had a other party fault accident last year, which is been sort of resolved, although I do have a complaint in with the Legal Ombudsman regarding this. However for the past 3 weeks I am constantly being bombarded by calls from supposedly different companies all with a Manchester selection of phone numbers, all want to talk to me about last years accident. Today I had enough so I questioned the company of the day, as with the others I give no information out and I confirm or deny nothing BUT this guy knows whre the accident happened, who was involved, the street, the other party's name and everything. He said my insurance company can legally sell on my details on this accident for TWO years. He also said we are due a payment between £2500-3000, I assume that's a pile of poo, although I'd love for one of you to confirm otherwise! So to confirm my question - is the true, that they are selling my details on and is there anyway of stopping them?
  2. Update Accident company have called to say they have an email from the engineer. I have been waiting two weeks for a promised call from the engineers so I can argue directly with them but that hasn't happened. Instead I'm expected to take the word of the company that I don't trust at all. My claim handled dead out the email saying "the highest I can go on this one is retail value which would be £2620" so they are offering me £2600 However I then asked if that was plus the salivate value and they said no that includes the salvage value. Is that right? If the email said we should get £2600 should the salvage then come on top of that? We cannot buy anything like what we had for gat money so will have to go into debt to buy a new car. Do we just accept this ridiculous offer? Where can I go for help?
  3. Yes but the moment they received the new cheque I will have 7 days of hire car and then finito.
  4. I have already done both of those things but the manager said they have "followed procedure and are waiting for an engineer to review my evidence" it's been11 days since they were sent the evidence. The FSO have sent off the complaint letter but will take 8 weeks to deal with it. In the meantime no car and no cheque.
  5. So accident management company still haven't had the engineer call me. The original cheque seems to have been lost in the post so I'm awaiting the new cheque. However this is still going to be for the original amount. How can I get this resolved? I need more money than their first offer, have sent in the evidence of what I need but nothing whatsoever appears to be happening. Should the accident claims management company be pushing to get a higher settlement for me as they are acting for me?
  6. So I've had no response from the company and they've had a week. I haven't heard from the engineer or received this mooted cheque. This morning I do receive a call from the accident managemnt's transport division saying they need to swap our hire car as "it's come to the end of its lease". I clarify that they really mean it's a swap and the guy confirms this. I say I needed to clarify because I had been told they would just be taking it back today but as I hadn't received a cheque or any phone calls are they allowed to leave me without a car? The caller agrees they would not leave me without a car and he will confirm this afternoon the time of swap. I didn't hear back from him (surprise!) but another guy phones to say that they will need to collect the hire car tonight and no it isn't a swap. I query this new plan and am told to contact the claims handler. So I email him saying I've heard nothing and no cheque and explaining about the calls regarding swap/removal of hire car. Ten minutes later the claims handler phones saying - Have I cashed the cheque "even with the wrong name on it" Er...what? I explained I hadn't received the cheque and what's this about the wrong name. He says he will have to track and trace this cheque. When I ask what is happening about this engineers call he says "well once you cash the cheque I will get him to call you" THATS NOT RIGHT IS IT.? I said we are refusing to cash the cheque because that is not enough. He said we need to cash it in the meantime legally. (really?) I said as I have no cheque and no revised valuation I don't see why I should lose the car yet. He rang off saying he would look into it again and I suggested maybe he contact the engineer and pass on our evidence and he said he would (why wasn't this already done?) I haven't heard another word. So I complained to the FoS ombudsman. She will send them a letter of complaint. So - what do I do next? If I cash the cheque, when it turns up, will that mean I've accepted the offer? Also the company say it's £250 salvage value, Ho do I know this is true? Could I get a better price elsewhere?
  7. So thanking you for the advice so far. I have gone onto Autotrader and looked for examples, which was difficult as ours is a petrol model and they are fairly rare. The nearest I can find was 6 months newer but has done 69,000 miles compared to our 64,500. This car is for sale at £4250 so way higher than their £2300 offer. Another example was on sale at £2690 but had done 95,000! I then looked at what £2300 would buy me - a CAT D version of the same age but 215,000 on the clock and another Zetec as opposed to my Ghia model which was only 80K on the clock but advertised as a Non Runner! Surely that isn't fair then? I've emailed the claims management company with these screen shots and stated why we should receive more, is there anything else I should be doing?
  8. No its a CAT B write off so repair is not an option. I am struggling to find like for like prices because cars of ours age have mileage around 110,00 upwards, as ours was only 64,000 surely that would make it worth a bit more as it is much less wear and tear? To get one for the same mileage I'm looking at around £4500 upwards so a lot more than I am being offered.
  9. Hi Six weeks ago our car was involved in an accident, at the scene the third party wouldn't admit liability. However we had witnesses and it seems possibly CCTV so it ended up she did admit liability. We contacted our insurance company and hey took over dealing with it all. I was given a hire car when they collected our car five weeks ago and FINALLY today I have heard back from the accident claim management company to say that the car has been written off. The guy said he had a cheque sitting on his desk for £2300 which he would be sending me today, plus they would get a further £250 for salvage which he would forward on later (I this right?) I'm gutted because no way can we replace the car for that amount, the car was 15 years old - its a people carrier but had only done 64,000 and even the collection team said it was in a very good condition for the year. What can I do? I need a 7 seater car and everything for £2300 is very old, poor condition and massive mileage. Do I have to accept this cheque?
  10. Sorry I've just read my original post and realised how jumbled it is. I'm at work now but when I get home early afternoon I will provide all the info I can find. I defend the claim thinking it would cover both of us but not realising they could still go after my partner so they dodger judgement on his part. The first we knew was when the judgement arrived with us. I think he was ordered to pay £50pm but hasn't as yet. This was about three months ago. We simply don't have that spare right now.
  11. Hi We were recently chased up for an old debt that I didn't even remember. The DCA applied for a CCJ, I disputed it but I didn't realise they were going after both my partner and I he ended up with a CCJ. When they carried on I submitted the statue barred defence and thought that was it. then the DCA came back saying I had made a token payment at one point meaning it was a couple of months within The SB limits. Now we are back in court on Friday of this week as they want to lift the stay and get a CCJ against me too. I need some advice. I have discovered some old paperwork that makes me think there might be old charges on there but due to some significant family worries I haven't been as on the top of this as I should have been and now I feel like it's too late. Should I call the. Puff and remove my SB defence? (Is that a done thing?) and offer to pay off the amount at £5pm. We have some financial problems at the minute and we genuinely cannot afford more than that. Or should I attend and try something else. I don't know what to do. I don't see how if they already have a CCJ on this against my partner that his name is still On this part of the case. Are they trying to get a double CCJ against him?
  12. The court do list the three amounts separately so the school is only taking loss of earnings.
  13. As I said the court have paid her for the third week in error so my friend feels that third week payment should be returned to the court. She isn't trying to profit from the court. But if the school keep the third weeks payment surely they are profiting from the court? The school didn't pay her wages for that third week she only gets paid term time plus statutory holiday amounts. So I feel the school are trying to keep money that isn't theirs? They are taking money from my friend that they never paid her in the first place.
  14. She is only paid term time so whatever that is 37-38 weeks and then that money is spreading out equally over 12 months but she is definitely not paid for holidays. So I still think that money the court paid her in the third week isn't the schools.
  15. Hi. I'm asking on behalf of a friend who recently completed jury service. Apologies if this isn't the place for this question but I wasn't sure where to put it. Her job is in education and her jury service took her into the school holidays by a few days. As her case went into a third week when she received her loss of earnings they had paid her for the third week too. The schoo is now trying to take all three weeks of money even though she wouldn't have been at work for that week anyway. She was going to speak to the court and explain and give them the money back for the third week. However in the meantime the school are clawing the whole amount back as they say it is illegal to profit from the courts. Are the school correct in trying to keep all the loss of earnings money for the week she wouldn't have been at work for anyway? What should she do now? I feel Like the school are profiting instead.
  16. Thanks, I've found the template. I don't know why I couldn't earlier. The notes say the letter may need amending but it looks pretty straightforward to me? However I spent the afternoon reading the forum and noticed on a thread by (I think) Martin2006 (?) that the six year limit apples on fee reclaiming after all? If so I am past that. I thought I had twelve years. Can anyone clarify?
  17. Right I'm bumping this because time is moving on and I need to do it! CLAIM CALCULATIONTotal of Charges£818.00Compound Interest£973.02Total£1,791.02 This was calculated using the spreadsheet supplied in the templates. Does that interest sound about right, it seems loads? What is my next step? They said no a few years ago but can I argue that I now understand others have been able to reclaim charges so I would like to do the same. Is there a template letter or can someone help me with the wording?
  18. In March 2014 I paid a deposit towards a new kitchen. due to one thing or another we didn't take it further at the time. I am now ready to go ahead, the company still exists but are they obliged to let me go ahead? At the price originally quoted? Have I lost my deposit?
  19. Due to a child's ongoing illness I haven't been able to update until now as it stands this is what I know so far. It appears to be an old Lloyds credit card from a period dates back to some serious financial difficulties we had around 2007. Now I am armed with the 'who' I found From my credit report it look is as though they defaulted me on it at one point then sold it on to a DCA who seem to have defaulted on it a second time or at least a default is registered by Caquest as well. Is that how this would normally be done? I have sent a SAR but nothing back yet and I now have a court date for this week again. Last court date I didn't get any opportunity to speak which I felt was unacceptable as the judge and their solicitor just argued language between them. I would like to say that I am still researching further into the background of this as there may be charges having been added to the original debt I knew nothing about. my main point is that had I been aware they were taking me to court originally I would have either attended or spoken to the DCA prior to court to ask if or further details of the debt. At that point the DCA (as we've seen) wouldn't have been able to provide any immediately, thus staving off the original ccj until details could have been provided. If and when they would have been able to put me in the picture I would have SAR them, check all was accurate and if so asked to arrange a repayment plan. It would only have been a small amount every month but I would happily have done so. Would a judge have looked favourably in that scenario? Can I go to court this week and say this and ask that the charging order be removed to allow me to go back a step and try to arrange a repayment plan with the company as I would have at the original ccj hearing? Or should I be approaching this from a different angle.
  20. Yes. As yet I've not be able to contact the original company to query the reference number from the ccj to find out exactly what it is though. I'll do that on Tuesday but should I be sending a SAR would that take too long ?
  21. Well that was a disaster I think. Judge was a. Different one to first hearing. He let their solicitor state first that they have been unable to unearth anything further except the CCJ number. Judge called a recess and went to look for the CCJ. Called us back in after a few minutes to say he had it (passing us each a copy). He asked their solicitor how he (Judge) had been able to source that within minutes and they could not. Solicitor said because it is done electronically so there probably wasn't ever a paper copy. The Judge went on to say that this is probably why I never received the original claim as it was sent from a 'build clearing centre'? The solicitor said this was uncommon but the Judge argued with him that he often opened case files to find original docs that should have been sent out still sitting there and clearly believes me when I said I had never heard about this claim until judgement by default notice was sent to me. They argued a bit between them which went straight over my head and made me feel at rather a disadvantage. The judge seemed unhappy about 'something' on the original claim, as it said the debt had been assigned but he felt incorrectly stated. The solicitor argued that the space is very small (100 characters or something?) but the Judge said it was incorrectly completed and actually there was a way it should have been done correctly. When the solicitor made to argue the Judge changed tactics and said that wasn't the reason we were there today and that was a discussion for another day. He asked me if I now recognised the debt and I (honestly) said although I now know the company, I have no idea what the debt still is but will now go off and seek to find out. The Judge said it looks likely a credit card or HP/credit agreement. So he said he would hold the case for two weeks whilst I decide what I am to do. Either we come back I accept the debt is mine and the charging order becomes final or I can ask for the CCJ to be whatevered if I feel I need to argue over that. I didn't get an opportunity to speak at all. Then their solicitors said about costs and the Judge said nothing would be decided on those yet as we were now going to a third ten minute hearing and he wasn't sure as yet who should pay them. The solicitor said "to save the courts time I would respectfully request we just end this now and fix th charging order" but the judge said "No because I'm not sure yet which way this will end and not sure who is liable" So does this mean because of their arguing, if their side win I'll be liable for extra costs just because the company couldn't supply me with details any sooner? That isn't fair is it? The judge ended by saying I only have two weeks so will have to act quickly to obtain all the details of the original debt and decide what I want to do. He said I 'might' have a case to have the CCJ dismissed but a judge could argue I should have dealt with this at the time of the judgement (2 years ago) I tried to point out I have phoned the court at the time (he agreed with this as the phone call was on file) and understands the solicitors should have given me these details then, which they kept promising to do two years ago but never did) but he isn't sure if that would be enough of an argument. What the heck do I do now?
  22. Thank you. I will ask for the interim order to be dismissed without costs? Then as there is still a CCJ do I ask for anything to do with that or do I ask for a stay while I try to gather further info on the whole situation? I'd like this at at end altogether but I'm not sure that will happen. I don't know that I even owe the original creditor or what exactly this pertains to. But had I been alerted to the CCJ hearing before that happened I would have had more options back then surely?
  23. Got home yesterday to find a letter from the solicitors saying they do not have any of the original paperwork as they took over the case late last year but providing a claim number. Looking at this it seems the CCJ was from a dca. So I imagine this now changes what happens today? I still don't know if I owed this money but if I did and had known about the CCJ at the time I would have surely had an opportunity to agree a repayment plan rather than it getting to this point? What do I say/do today?
  • Create New...