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  1. Hi, not sure whether this is in the right area.... My friend invested a third into purchasing a property with another couple. For a while they rented out the house and shared the income. The house was refurbished and put on the market for sale. The house sold with completion last month. She was hoping for her "share" this month, however the couple have stated that her money will only be available in April after his accounts has been finalized, income tax for the year. I assume he his self employed. From what she tells me, it seems she will be penalized for his tax deductions ? - which i find strange. He also stated that her name isn't on the deeds,being part of the reason he says?, however she has a signed declaration of any share. thanks, any advice grateful
  2. I have been contacted by my insurance company about the third claim that other party is taking and it says that if I don't take action with in few days then I am most likely to loose No Claim Bonus. information about the claim: The other party claiming that I reversed into third party car about six months ago in parking bay. but the actual situation was both were reversing and I stopped the car before even colliding, We both were in the middle of the road. I don't know what's third party claiming for? They probably have got the CCTV footage from shopping center, In this case how should I go step by step to avoid loosing my No Claim Bonus. I have only got a day to react any quick response will be very helpful. Thanks in advance. Regards!
  3. My insurance is £66 a month, because of a third party hitting me a few years ago, and having my car stolen twice. These incidents will fall off my insurance this year. Now my car has been damaged, outside my house and the petrol cover taken, and two big indents and scrapes along the left side. Also the electrics on the side window have stopped working. I cannot afford to change the car at all, and was wondering would it be worth putting this on my insurance for repairs, or would it put up my insurance too much.
  4. I dont know if this is the right forum but I hope some one can help. My employer was approached by a catalogue to feature their product range of shelving systems. The company offered them the chance to feature video "demonstrations" that would run under a minute and show potential buyers what they were getting. I freelance as a videographer, and regularly shot such clips for my employer out of work hours and was then paid via invoice. I was engaged to shoot the videos and delivered them and an invoice stating until paid for the videos remained my intellectual and physical property (as I had done with around 30 other clips) About two weeks later, my employer went bust and was bough by a third party and I was told I would not be paid as the work was for the original employer not the new buyer. The catalogue company was told that we would not advertise the new company with them. I got a better offer and left in May 2012 (some six weeks after the business went bust) I have discovered that the catalogue company has now reedited the product videos and is selling them to a number of resellers who display them on their own websites. The catalogue company has edited off the company name and my name at the end and added their own. I contacted the catalogue company and explained that the videos belonged to me not to the employer and provided dated electronic proof of the invoice stating the caveats and asked for them not to sell my videos (Two resellers have shown me proof that they paid £300 for the 9 videos to be part of their site). So far I have been told that the MD is unavailable, in Australia or not wishing to take my calls. He has ignored recorded letters and emails. I contacted FACT who said unless I subscribed they would not act and so I am considering taking the company to small claims court. What should I do ?
  5. Hi, I've noticed that the various accounts I have are passing my details on to third parties, by this I mean CRA's and DCA's There is no mention of me allowing them to disclose personal details to others. Can they really do this without my consent? Examples are: -Southern Water sent my £20 outstanding bill to a DCA some time back -Medway Council sent my details to a bailiff without even telling me (resolved but annoyed) -British gas do it monthly as my payments are usually a few weeks late due to pay frequency -My mobile provider, I signed up over the phone and never agreed for details to be passed to other agencies Cheers, A
  6. Hi, This is a bit complicated but bear with me. I had a Co-op bank credit card for many years with a £500 limit. Whenever i used the card I always paid in full each time a statement arrived. I have for some years been on ESA. Last summer, due to being on £71 assessment for over a year awaiting an appeal i had to use my card for living expenses. I withdrew up to the £500 limit. I intended repaying the minimum payment each month by making a payment then withdrawing £10 for the following month. I realise the balance would not go down much but I would be making payments. However the card expired and they refused to send a new card. The insisted I repay them first. Is this legal? They entered into a contract to renew my card and operate my account. I needed a new card to be able to withdraw £10 each month to cover the minimum payment. By refusing to renew they effectively closed the account. Am I within my rights therefore to say they broke the contract and not pay them back? I lost my appeal and am living on limited savings so cannot repay them anyway. Also I moved abroad, outside the EU. Are they likely, or even able to pursue this debt in a foreign court? Surely it would cost them far more than £500 to do so. Any help or advice would be very welcome.
  7. Hey everyone, Our landlord is currently away until 4th April and we are unable to contact him at all. In the past week we have had the fuse in our hoover blow twice in the same socket, and just this morning our brand new phone charger exploded (literally) in another socket tripping the fuse box with it. I have two questions. If anyone knows much about electronics, can anyone give advice as to what this may be caused by. And secondly, if i do need to get an electrician in ( i don't want my family at risk ) how do things stand with a shorthold tenancy agreement in terms of getting one in / billing etc when I am unable to contact the landlord. Thanks guys
  8. I dont want to get into too much detail as I think this may end up in court, but I would like to hear from anybody who has had to secure a replacement vehicle from a third party insurer, and if this is a reasonable request. In a nutshell, my 8 week old car was hit from behind late last year and has been declared a total loss. Aviva is the other insurance company and so far they have failed to contact me regarding this incident at all. I have asked for the vehicle to be replaced with a like for like example (GAP insurance and such is not required and not suitable in this instance, and whats owed on the finance lease is way less than its pre accident condition valuation) and Aviva have declined this, although not in writing at this stage. I have asked to put back to my pre accident condition; as I can no longer replace this vehicle at this price point and the only way to not suffer a financial loss is to have a direct replacement. Its easier to get the insurance company to replace the car as far as I am concerned, other wise I will then have to sue them to get back my losses and still end up without a car, and as its a credit product I cant reapply for another few months, and in any case there is no guarantee of being accepted again hence me wanting to avoid the settlement route. The finance settlement plus losses comes to substantially more than the vat free price of a new vehicle, and I am of the opinion that its ludicrous of Aviva to go down this route. Its been well over 6 weeks and we have got nowhere. Anyone have any similar experiences and what outcome can I realistically expect from this? As an aside, Aviva customer service is truly, truly awful. The call centres are badly managed, the staff poorly trained and thoroughly unprofessional. Its no wonder why people go to Ambulance chasers and run up bills having to deal with such neolithic incompetence.
  9. Hi New to the forum and wonder if anyone can advise. I'm currently in dispute with my own and the third party insurer about the fault / liability of a recent accident. Do I have a legal right to view the statement given by the third aprty to their insurer. Many thanks.
  10. Hi, I'm posting on here trying to help a friend in serious debt troubles. One of the creditors is an old business partner who's out to be as vindictive as possible. When they were in business together, they were both named guarantors on an overdraft with Lloyds. My friend bought this guy out and one of the clauses of the buy out was that he indemnified this guy against paying back his half of the overdraft (total £35k). This guy said he was retiring and then a short while after the buy-out my friend was told by a large number of customers that they'd received a letter from him, trying to poach them to his new business. He also started driving round the industrial estate where my friends business is, with his sign written truck, in direct competition. Un-beknown to my friend, who had negotiated a repayment plan with Lloyds based on the fact that only he would be paying the overdraft back, Llloyd wrote to his ex-business partner with a demand for money. The ex-business partner, rather than contacting my friend, negotiated a figure with Lloyds to pay off his half of the overdraft and promptly then took my friend to court and demanded this money back - £14K. My friend is already in serious debt - about £95k and isn't in a position to pay the whole amount. He got advice from his solicitor who's tried to negotiate a repayment plan out of court. I personally think the solicitor's just been out to make money out of him and should have immediately gone back to the court via an N244 or if later an n245 but he failed to do so, and now the ex business partners solicitor has slapped a default charges certificate onto the debt of just over £5k. So the £14k is now about £22k with all the court charges and interest. Then a charging order was obtained over my friends house, and he received an order to attend court for questioning - he duly went and I accompanied him. A couple of weeks down the line he's now received another order to attend court for questioning which is in a few days. I told him to get rid of his solicitor as he's just been racking up bills and the guys not helping him at all and he's done so. I've now filed an n245 with the court which would have arrived with them 2 days ago. My friend has since received a letter from his building society telling him the court have ordered his account to be frozen - and it says until the hearing on January 13th. My friend hasn't been notified of a hearing but is assuming this will be the third party debt order hearing. Given that all of this has happened, will the n245 I've filed have any effect? Is there anything else he can do? Thanks to all in anticipation for any advice - pretty desperate situation
  11. Hi, I'm in a pickle and none of it is my fault. here's the snippet from the long post below to catch your attention... " I'm wondering if I can LEGALLY pursue recompense directly from the driver of the 4x4 that ploughed into me? After all, it was HIS actions that caused the damage to my property ( motorcycle ) and since his 'paid for' representetive ( insurer ) has shown they are only looking after their own pockets, with no regard for my own, I need to find a way to regain the shortfall. Surely HE is still legally open to prosecution and accountable for causing damage and financial loss to my possessions, since it was his action that created the damage in the first place." On the 24th August, I was on my loved and cherished motorcycle, I was stationary at a mini-roundabout giving way to a vehicle on my right ( obeying the highway code ), when a 4x4 driver following on behind me decided for whatever reason, ( perhaps too busy chatting to his recently picked up passengers ) that he wasn't stopping. Not seeing my bright flourecent yellow jacket, or white helmet, or illuminated brake light, he ploughed into me at approx 30mph. Of course I go fltying like a rag doll and my bike is punched forwards hard and ends up on it's side 15 metres away ( with me about 8 to 10 metres away once I'd bounced my head off his bonnet )........ Clearly a case of his driving with undue care and attention ( for which he's being prosecured ) and me being the completely innocent non-fault participant. There's the background. Next morning ( after ambulance police etc as it was evening ) I call Bennetts Bike Insurance (the people who I bought my insurance from , who sold me a policy underwritten by Aviva ) and let them know what happened. They put me through on phone to their claims handlers ( Minster Law ) who then start the injury side of things rolling and arrange a company called BLD ( Biker Legal Direct ) to come collect my damaged bike. ( we're getting there, bear with it ). I check the bike over beforehand, noting down broken parts, checking up on their replacement costs using the parts numbers etc so I'd have an idea of what was happeing or likely to. A few days later, ( bank holiday Monday ) BLD arrive and take bike away for assessment, and offer me a hire bike for my use in the meantime, but of course I'm battered up and can barely move let alone attempt to ride a motorcycle, so have to pass. 18 days later, I get a phone call from BLD telling me the at-fault parties insurer has written my bike off as uneconimical to repair ( protecting their pockets ) and classed the bike category B ( never to be used on the road again, salvage for parts only ) and then go on to tell me the third party insurer placed a pre-accidnt value of my motorcycle at just £800 ( including the just fitted £165 luggage box ), so actually only a pre-accident BIKE value of £635 !!! for a just mot'd, fully serviced, in tip top condition ( better than 95% same year and miles condition bike with new luggage sytsem fitted etc ) which is a RIDICULOUS! figure to state. I've searched high and low and based on the prices that much rougher condition bikes are being sold for, mine ought to be closer to £1,500-£2,000 pre-accident value, due to it's near immaculate physical and mechanical condition, plus the fact it's a desireable year, colour and model as it's become collectable. It's not my personal opinion, but a fact that to find the same model, registered year, with the same or near as same mileage on it, in the CONDITION my bike was in, is almost impossible. It was an on going restoration nearing completion as the bike model and year is considered a modern classic ( apreciating in value as they are so rare and was the first year production of that model, and same colour as in the literature sales brochures etc ) Also not taken into account was the fact it had literally just had a full service and had just had ( 20 miles before accident ) a new £100 drive chain fitted. In all, I'd spent around £600 - £900 on the bike ( all parts, no labour costs ) in the last year alone in my ongoing mission to bring it up to totally new showroom condition. The advice I've been given is to find a number of adverts of the same model and year bike for sale, in the same condition, for sale at dealerships, and send the links and prices off to the third parties insurer. The PROBLEM I have with that ( apart from having to fight through this when I'm a victim in this ), is that it's impossible to find a dealership selling an 18 year old bike in their showroom, that is in the same condition as mine is/was with similar mileage. They just don't appear! heck, it took me three years of searching just to buy my bike back in 2004. Dealers only keep vehicles up to a certain age in their showrooms fo rsale. Choosing to search private sellers, is also not much better, as again, the problem is, I've not yet found a bike of same age, in same condition with similar miles for sale at all. You're meant to search your own local area as that's where you'd be buying a replacement from, yet the only bike even close to mine condition and age wise is over 240 miles away and I'm unable to verify that by seeing it in person with it being so far away. ---- I'm going to side-step the whole ABI obligations thing that the third parties insurer isn't meeting ( in them not repairing my bike to the condition it was prior to accident or offer enough funds for me to replace my bike in a LIKE for LIKE condition, putting me in the same position possession (vehicle ) wise and financially that I was prior to the accident ) --- This thought popped up... We have ( vehicle ) insurance cover because the law say we need to. Insurance is basically an entity or person willing to step in financially ( for the yearly fee we pay them ) to compensate any person that we might cause financial loss or damage to. They are not legally accountable for causing damage, only the person who causes damage to others possessions can be legally accountable fo rthat action. So... If the person/people ( in this case, the persons appointed and paid for/contracted insurer ) is unwilling to meet the full costs of repair or adequately compensate and avoiding their obligation to adequately recompense a victim ( me, in this case ) because it would cost THEM ( the insurer ) too much money, then surely I ought to be able to legally go after the person who caused the damage in the first place, since his 'representetive' is clearly not going to deal fairly and properly, becuase they're looking out for their own pockets with no regard for my property or finances. Leaving it as is, would mean me ( the innocent party ) is left severly out of pocket and having endured the emotional stresses and strains of what has happened, left to find my own way to find a replacement bike ( without my own transport to do so ), and to suffer the financial costs in doing so ( when I had no intention of looking for another vehicle or wish to incurr the costs involved ) I'm wondering if I can LEGALLY pursue recompense directly from the driver of the 4x4 that ploughed into me? After all, it was HIS actions that caused the damage to my property ( motorcycle ) and since his 'paid for' representetive ( insurer ) has shown they are only looking after their own pockets, with no regard for my own, I need to find a way to regain the shortfall. Surely HE is still legally open to prosecution for causing damage and financial loss to my possessions, since it was his action that created the damage. Would it be a small claims court affair? ( less than £5,000 ) and how would I go about it? I haven't even gone into how the estimate for repairs that BLD produced was pushed up nearly £1,000 by them including items on the estimate that where NOT damaged in the accident.... thus the estimate reaches a repair figure beyond what an insurer would class as acceptable or viable, and therefore writes the vehicle off as uneconomical to repair. The whole process is twisted and shady I think.
  12. I have been involved in a no fault accident. Generally what has happenned is i was waiting at a junction to give way to on coming traffic. A car i have no idea where it came from came and hit me on the passenger side. No problems so far. At the time we exchanged insurance details etc and the other party admitted liability. Unfortunately i didnt call the police as the 3rd party was a elderly lady on her own. However i reported it to my own insurance. Unaware of what the 3rd party had claimed. It had claimed i reversed out of the junction. Into her path. I had her insurance company ring me up and ask me questions which i replied as far as viewing the scene of the accident on google with them. No probs. Now some 12 months down the line the 3rd party insurance has decided they are going to track down a witness and is going through the police for this. Trouble is my ncb is being held. My insurance company is very good who immediately arranged for a courtesy car and also settled my damage. However it is the constant dragging on of things. Every time i ring them i just get the same answer. What do i do ?
  13. Hi guys, i hope someone can help me, i was involved in an RTA and need some advice on how to proceed with my claim. I was travelling down the motorway in the middle lane, i had just passes a truck in the nearside lane when the traffic stated to slow in all 3 lanes. I maintained a safe distance between me and the car in front and slowed accordingly, as i did this the truck i had just passed came up the inside of me as he slowed down also, we travelled a few hundred yards with his cab level to my car, the then pulled across into the side of me, hitting my front nearside door, span me around across middle, nearside and hard shoulder ending in me hitting the Armco on the hard shoulder. He was a Polish trucker driving a Polish truck, so was sat on the left. No witnesses stopped, even though there must have been at least 20! The truck driver said nothing to me, not one word. Police arrived, took his details and gave them to me, breathalysed me (negative) and basically said that's all, call your insurance. So insurer called, claim made against him, im now being told they are not accepting liability. With no witnesses, no CCTV (i have contacted Highways agency) where do i stand? I have never made a claim in my life, i have a totally clean licence and now all of a sudden it looks like i will loose my NCB and have my premiums hiked, not to mention a hefty excess to pay. Please can someone offer some advice, i really don't know what to do.
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