ThedaBara
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Everything posted by ThedaBara
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Hi… yes, I did tell them I was looking for a cheaper quote, but I can't afford to pay twice… they have taken the money up front for the whole year but cancelled my policy… so I've paid but am no longer insured.TB
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Thanks renegadeimp... I have tried that and the bank is saying they need to wait for investigations to be completed...it's been a while now. TB
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AT LAST!! This is the thread I've been searching for... Relating to the legality of issuing default notices for cancelled DDs in relation to auto renewal of insurance...(It's the AA... surprose, surprise). They have actually raided my bank account via my debit card and left me without the means to pay for essentials... I'm on a very low income... 6k a year. I can't afford to lose £70. I believe the contract is for one year and that they should at least obtain a signature before they renew insurance for a further period of time... otherwise, they are saying they have an open ended contract... there is no such thing. OK... so it seems I should contact the CEO... I'll give it a go. & maybe fill in a form to the FCA as I know they are currently looking into this abuse of process... Thanks! TB
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Perhaps insurers should be required to obtain the policy holder's signature each time insurance is up for renewal, just to ensure that the contract is binding... If each term of insurance lasts for one year, then the contract is for a year, not for several years or until the policy holder opts out. It would be much fairer all round... there must be a rule which states the length of the 'loan'... ie, the period of insurance... Surely it can't be a binding contract otherwise? TB
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I think this thread outlines eveything that is wrong about the AA's unfair automatic renewal procedure... AA is definitely one to avoid and I hope the FCA will hurry up and sort this out as a matter of urgency. TB
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Insurance cancellation question
ThedaBara replied to BankFodder's topic in Insurance/Assurance Companies (Not Car Insurance)
Hmmm.. now they are saying I've defaulted and must reinstate the direct debit paments... but they have cancelled the policy and I can't afford to pay them, as I need to arrange cover and can't pay two companies as I am on a very low income... TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Nothing yet… TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Update: Nothing yet… TB -
If it's not taxed, it has to be SORNed by law…(And, obviously, it needs to be off the road). TB
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Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Sorry Ford… what do you mean by 'check with the court re service'? I have already sent the court a certificate of service…(sent by recorded, so I know they received it). TB -
I didn't think you could tax an uninsured car... certainly, when I used to tax at the Post Office, they always insisted on a valid MOT and proof of Insurance. Has it all changed now? TB
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Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
That sounds about right…so if the court doesn't get back to me by the end of the week, I should assume there has been no acknowledgement and ask for judgement by default? TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Ok… thank you! He was deemed served on 10 August…. so he should acknowledge by 24th, (next Weds), I guess… Do you know if he has to acknowledge to the court or to me directly… or file and serve to both? TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Thanks, Ford… He is definitely there, anyway… passed him on the road yesterday… if looks could kill. If I suddenly disappear… well, you heard it here first! (He's got 6 days to respond). TB -
Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Just a thought; The creditor has property all over the place and often goes away for months at a time… Can he say he didn't receive it and ask for a set-aside if he happens to be on holiday at one of his other houses? Presumably, though he will have made an arrangement for mail to be forwarded? I think his relatives check on the house whilst he is away… I'm just worrying because this other neighbour has signed for it, so he can say he wasn't served it, can't he? TB -
Of course it is!… It's also theft as he didn't return it to me or compensate me… to add insult to injury, he used MY fence to repair his own with! But this is the tip of a very longstanding and complicated dispute. I have asked to police to provide me with everything they have on the two incidents under the Freedom of Information Act… awaiting their response. Should be interesting. I don't know what the police are thinking of or why they are saying it's a civil matter… but I do know they seem to be siding with this (very wealthy and influential) man… make of that what you will… Dreadful when those who are supposed to uphold the law do no such thing. TB
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Very… especially when the police don't take you seriously. I am currently in discussions with the police over a neighbour who has twice caused me extreme distress… the first time when he tore down a large section of boundary fence worth £300 and even after the police were called and told him to replace it, he refused. The second time he threatened some prospective buyers, causing my house sale to fall through, right on exchange! I tried to get a charge of harassment against him and the police didn't even bother to interview him, and are now saying it's just a civil matter, when they are both unlawful actions! See here; Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts. When is something harassment under the Act? Generally speaking harassment is behaviour which causes you distress or alarm. The Act also says you must have experienced at least two incidents by the same person or group of people for it to be harassment. It's the courts that decide if something is harassment under the Act. The courts will look at whether most people or a reasonable person would think the behaviour amounts to harassment. When can you take civil court action about harassment? If you’ve been the victim of harassment you can take action in the civil courts against the person harassing you. You need to make your claim within six years of when the harassment happened. You can still take civil court action even if the person harassing you hasn’t been found guilty of a criminal offence. So very difficult to make it stick, though, as you say. TB
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Thanks... I'll check anyway. TB
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Thanks. I know there were two hearings, (3 if you include the Interim CO), so that's why I thought there were two judgements. TB
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I haven't checked...is it very expensive to look at deeds? Can it be done online? TB
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Hi Ganymede Ok… I have two separate Judgements against me for the same debt. The creditor applied for and was granted a standard form k restriction to secure the debt. Then he decides it doesn't provide quite enough security, so makes another application for a modified restriction… Judge allows it, resulting in two judgements for the same debt. One for a standard form K restriction and another for a modified restriction… (a 14 day caution). I've been looking at other posts and the advice is that there can only be one CCJ for a single debt. I've scoured the web looking for people in a similar position but have been unable to find anyone… I tried to get the 2nd judgement set aside, as I thought that once the decision is made, it can't be overturned without an appeal, and only then if there has been a mistake in proceedings leading to a wrongful decision. Surely, it's an abuse of process and the creditor should have asked for a modification prior to the final judgement, rather than making a second application once he got the Judgement against me? Have you ever come across anything like this before? TB
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Just a quickie...as per section 70 of the County Court Act 1984; Finality of judgments and orders. Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties. This means that you can't challenge the decision without an appeal, as far as I can make out. So if you don't like that judgement and want a better one, you can't just make an application to alter it...but you can make another application so that you have 2 judgements for the same debt? Or am I wrong? TB
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What about harassment? That can be a civil and a criminal act... TB
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Who issues a claim- Court or claimant?
ThedaBara replied to ThedaBara's topic in General Legal Issues
Actually, I wish you'd not said that… I now have a very annoying ear worm… TB
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