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  1. Hi guys thanks in advance for any replys, all help appreciated. I received a letter through the post to state that I had been charged with the offence of being the registered keeper of an uninsured motor vehicle. The letter I received was sent to my old address (mums house), stating that I either need to reply guilty or not guilty etc to the above offence. The vehicle in question was my old car that was left at my mums on the driveway for her to scrap/sell, I had moved the insurance from this car onto my new car so at this point the car was uninsured. Due to the car being in the way my mum had moved the car onto the road, I'm not sure whether this is why I have been charged with the offence or whether it doesn't matter if it's on the road etc? Next question is I'm sure I never received a fixed penalty notice for the offence, I pick up my post once every couple of months from my mum address some things I still haven't changed address on, is this a legitimate defence to ask the dvla if they can revert back to this stage as I no longer live at the address so didn't receive notification of the offence and the fine I had to pay ( which if I'm in the wrong I'm happy to pay) If it is not a defence that I am no longer living at the address and the dvla are not willing to revert back to the fixed penalty notice stage what is my best bet moving forward? Shall I plead guilty to the offence and provide this information in mitagating circumstances to the court? If this is the case what sort of punishment is likely for the offence and would this constitute a criminal record. Any help or advice greatly appreciated
  2. Hi, a request for information and perhaps help. I have just found this forum and this particular thread as I searched for help relating to a very similar issue I am having with Marquis https://www.consumeractiongroup.co.uk/forum/showthread.php?486134-Marquis-Motorhomes-Dealer-Refuses-to-Accept-Vehicle-Rejection&p=5157435#post5157435 How do I go about getting some advise please. My problem relates to issues with my FIAT engine and the fact that my new Motorhome has spent weeks in the garage waiting to be repaired. At present it is at week 8 of it's most recent visit to the garage with no sight of a repair anytime soon as parts are, and I quote "Not available". I bought the Motorhome from Marquis in April 2017 and the faults started in April this year when the vehicle repeated went into limp mode with engine warning lights comming on. I contacted Marquis as the seller but they insisted I deal with FIAT. However FIAT have been little better than usless and are baffled by the fault. The vehicle has spent hours in the worshop as parts were changed and I was told it was fixed only for the same fault to retun days later. I have been back to Marquis several times to ask as the seller that they get involved as I am getting no use from a £47,000 brand new Swift Motorhome with only 4700 miles on the clock. Each time I have got the same answer, " be patient, we are dealing with it at the highest level in FIAT" but still time moves on, my warranty is slowly expiring and I am paying tax and insurance on a vehicle that is spending more time off the road than on it. This morning I got a call from Fiat to advise they still have no timescale for delivery of the required parts. Then I received an email from Marquis in responce to an email I sent them, again telling me to be patient and refusing to give me the number and name of their head office. I am past patient and starting to get angry. It seems Marquis does not care and just prevaricate hoping I will go away. Any advise on what I can or should do next would be very appreciated. Thanks Michael.
  3. Hello. I am 2 and a half years into a 4 year finance deal on my vehicle. It is all up to date at the moment. However I am changing job this month, but am going from self employed to full time employed and paid monthly. As I have no savings I will be going a whole month with no income so I am going to struggle to pay all my bills for this month. Before I start talking to the finance company about this to try and come up with an agreement (which I don't think they will be keen to do) what are the legalities of me missing one payment? I'm assuming they can't start repossession proceedings yet? I'm hoping they will agree to take just a small token payment this month then make up the shortfall over the next two or three but if they try to play hardball where do I stand? Thanks for any help.
  4. I am 5 months into a 5 year agreement with Specialist Motor Finance.. due to other situations, I am thinking of entering into an IVA to improve my credit situation. the agreement shows SMF "may" terminate the agreement as i would have entered into a voluntary termination.. i contact them to clarify and they then stated they would terminate the agreement, but if i continued to meet the payments i would be able to keep the vehicle when i asked for this in writing they refused. any one had similar with this company?
  5. Got stopped by 4 traffic police cars (that were on a roundabout) they checked insurance and driving license which was all good ! Then started looking around the car and said 3 tyres were rubbing as the car is lowered but not excessive (can send pictures on request) They told me they didn't know if it was legal or not so they took pictures to send away to be examined. they also threatened to take my car away from me but in the end they let me drive away. also the accident happened on 27th of june and I received the letter on 12 of july. does it matter that they sent the letter out later than the 14 day period ? thanks
  6. Hi everyone. We've had a motor trade policy for 5 years now. 10 days before renewal this year, the insurer flagged up 4 vehicles we've had for a while, and wanted proof of ownership and V5s. I neglected to send these when requested. Over the next few days, they started sending me emails regarding renewal, and that the policy will auto renew. The policy autorenewed, but I know they always want proof of trading (ie. recent invoices) and driving licences. I could see emails coming through, that we had X days to send these documents. In all this, I understood that the deadline for the documents for the renewal was 5pm on the 25th May. I sent the proofs of trading and driving licences, and said in my email "Here are the documents for renewal", and asked to confirm some details about cover. The lady answered my email, but didn't mention those previous proofs of OWNERSHIP of the other vehicles. I assumed those were for the past policy (same insurer). I carried on as normal, awaiting the insurance certificate. It never came, and the following Thursday 31st May (almost a week later) I called them at 4pm to chase it up. I was then informed that insurance had been cancelled due to not providing those proofs of ownership. I'd never gotten so much as a courtesy email informing me of this, and had been driving uninsured for a week. They said if I sent them, they would see about insuring me again. As it was late, they called me the following day (1st June) to say they could cover me, but that since it's a new month, the premium is now £450 more. They wouldn't budge. AND I now have a cancelled policy in my history, bumping up my premiums. Now my question is, all the policies so far were under our Ltd company which is being closed down. Obviously on the schedule of fact it was "Mr X and Miss X (XXX Ltd)" and the account payer for the insurance (on their docs) is "XXX Ltd". We are no longer trading under that Ltd company, we are now a partnership. So when we're asked have you ever had a policy cancelled, what do we say? Legally, if I say no, since the cancelled policy was under a Ltd company, am I covered? Thank you.
  7. A friend of mine has been contacted by the Motor Insurance Bureau via snail mail with a letter claiming that she was involved in a accident in December of last year regarding an Uninsured Drivers Agreement. The letter reads Does any body have experience dealing with the MIB, as my friend assures me that she was indeed insured on the date mentioned and that she was no where near the location that is stated in the letter for where this 'accident' supposedly occurred, she hasn't been involved in any accidents since purchasing this vehicle and has asked me for assistance for what she should do next. If any one could give me any advice for her it would be greatly appreciated.
  8. Hi all, My father has held a credit agreement between himself & Barclays since October 2014 (Credit intermediary is Cathedral Motor Co). He's already had a phone call from the dealer about refinance / settlement for a newer model & he asked me to take a look at his agreement and see if I could work out a rough settlement figure. However I've read the agreement a couple of times now, I dont know if its late and I'm tired but I dont think it's been worked out correctly. On the Pre-Contract Credit Information it shows that the cars cash price is £10,145.00, of which my father traded in a car for £1000 as a deposit. This shows that the total amount of Credit is £9,145.00. It then lays out the Repayments as "First Monthly repayment £259.67, followed by 46 monthly payments of £160.67 and a final repayment of £4,049.00". The total amount you will have to pay states "£12,860.16 (This includes any deposit you have already paid)" Now the conditional sale agreement shows figures as follows: Cash Price: £10,145.00 Advance Payment: £1,000 Credit Amount (less Advance Payment): £9415.00 -- There is a line of text saying "We use the amount of credit to by the vehicle from the dealer" Total Charge for credit: Credit Facility Fee: £99.00; Completion Fee: £199.00; Interest: £2,417.16 . Total £2715.16 Total Amount Payable: £12,860.16 First Payment: £259.67 Monthly Repayments: 47 repayments of £160.67 Final Repayment: £4049.00 Interest Rate: 4.65% per year Fixed; APR 10.4% fixed This is where both of us are confused.... Pre Credit agreement: £259.67 + (46 x 160.67) + £4049.00 = £11,699.49 Conditional Sale Agreement: £9415.00 + £99.00 + £199.00 + £2417.16 = £11,860.16 Conditional Sale Agreement Repayments: £259.67 + (47 x 160.67) + £4049.00 = £11,860.16 The statement from Barclays each year shows at the top right: Total Amount of Credit: £9,145.00 Total Interest Amount: £2,417.16 This of course gives the total of £11,860.16 - so why does the agreement state the £12,860.16 is payable, where has the £1,000 difference gone, plus is it 47 or 46 payments? If anyone knows how to work out approx settlement on the above info it would also be greatly appreciated.
  9. Hey guys Apologies if I am in the wrong section, but I am new here! I recently had an accident with another driver where our cars collided. The third party was 100% in the wrong in regards to the accident however she is not claiming liability considering that it was her fault. I'm not here to get advice on the accident details, I am here to ask a question about court statements. When in contact with the solicitors dealing with my case for me, i've obviously given them my statement of what happened and I know i've been completely honest with this because not only is this my first ever court appearance, it's my first time dealing with something like this so I wanted to ensure 100% truthfulness. I've been sent her statement in regards to what happened that night, reading through it she has completely lied about what was said in the conversation between us after the accident. Before I go into what was said, I just want to say that this third party (defendant) is of Polish decent and spoke broken English... When I got out of the car, I said to her that she was in the wrong lane and cut into me causing the accident, to which she replied "I was in the right lane, you were in the wrong lane" to which I replied "Ok thats fine, if you want to argue this i'll call a police officer myself and get them to see who was in the wrong lane" and that was that... In her statement, she has wrote - 'he got out of his car, I told him he was in the wrong and he said "I am a police officer I know what lane I should've been in' My question to you guys is what exactly happens at this point there has clearly been a mis-communication due to a language barrier? I am slightly concerned as the last thing I want to get branded with is impersonation of a police officer when it did not happen at all. I hope this is enough information in regards to the question I would like answered Many thanks Sam
  10. hi please can anybody see if this applys to me i had a car loan from park motor finance paid my fiance for 3 years of a 48 months contract got made redundant i got the default notice after 2 payments were missed i got a letter saying that they were taking me to court if i didn't repay what i owed then got another letter a week later saying if i don`t contact them it was going to court to take repression of the car, i rang park that told me i ever give it up or go to court as i could not repay at that time i let them take it fast forward 5 years Mortimer Clark are now chasing me. Retaking of protected hire-purchase etc. goods. (1)At any time when— (a)the debtor is in breach of a regulated hire-purchase or a regulated conditional sale agreement relating to goods, and (b)the debtor has paid to the creditor one-third or more of the total price of the goods, and ©the property in the goods remains in the creditor, the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court. (2)Where under a hire-purchase or conditional sale agreement the creditor is required to carry out any installation and the agreement specifies, as part of the total price, the amount to be paid in respect of the installation (the “installation charge ”) the reference in subsection (1)(b) to one-third of the total price shall be construed as a reference to the aggregate of the installation charge and one-third of the remainder of the total price. (3)In a case where— (a)subsection (1)(a) is satisfied, but not subsection (1)(b), and (b)subsection (1)(b) was satisfied on a previous occasion in relation to an earlier agreement, being a regulated hire-purchase or regulated conditional sale agreement, between the same parties, and relating to any of the goods comprised in the later agreement (whether or not other goods were also included), subsection (1) shall apply to the later agreement with the omission of paragraph (b). (4)If the later agreement is a modifying agreement, subsection (3) shall apply with the substitution, for the second reference to the later agreement, of a reference to the modifying agreement. (5)Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor has terminated, or terminates, the agreement. (6)Where subsection (1) applies to an agreement at the death of the debtor, it shall continue to apply (in relation to the possessor of the goods) until the grant of probate or administration, or (in Scotland) confirmation (on which the personal representative would fall to be treated as the debtor). (7)Goods falling within this section are in this Act referred to as “protected goods ”. thanks donald
  11. Hi All Blumen Cheek. I wrote to this bunch a few weeks ago requesting making lower payments etc sent recorded they signed and I have RM print out, well all hell let loose 10 mins ago within the Mr household. they took the money on the 24th? can they do this,? this has now left me short for other bills. I am thinking that maybe they went for my throat because of my request to reduce payments? I am going to cancell the dd today and send a ' strong ' e-mail and another letter, are there any quotes I need to include. Mr, Rather Angry
  12. Out of the blue, I have received a letter from MMF which outlines three debts that have been assigned to them and that they are now chasing me for. There is no detail of the debts, just the original loan company name and a balance. The three companies are Mr Lender, Pounds Till Payday and Speed Loan Finance. did have a loan wih Mr Lender that was taken out around 2009/2010 but I was under the impression that I had paid this off, although I don't have any documentary evidence of this. The other two companies I do not recall having taken a loan out with. Should I make contact with these companies directly to see if they can give me any information? Am I also correct in thinking that I can ask MMF for the original credit agreements? Any information or advice would be greatly appreciated.
  13. I have been insuring my kit car with Adrian flux since 1980, in 2004 I insured my Pajero, I recently changed the Pajero for a newer 4x4, as I had 6months to run with my insurance I stayed with Adrian Flux, big mistake! they told me that my current insurance company wasn't the best for the new vehicle and recommended cancelling my remaining 6mths and getting a 12 mth policy with Aviva, they are the experts? so I complied. they allowed me £140.00 pounds for the remaining 6mths and charged me a further £326.43 a total of nearly £470.00. I then went on line and checked out various comparison sites. Should have done this first I know. the first site I checked was Adrian flux £275.00, the next was Aviva £324.00 various others including Hastings Direct which had better cover, lower excesses and was only £279. I got back in touch with a view to discussing the problem and after being passed around 3 different call handlers I was told a manager would ring me back, as I was going to work I said it would have to be before 10:30am and was told no problem I would get a call back before then, surprise I didn't. I then contacted them when I returned with a view to cancelling my policy and was told I wouldn't get the £140 from my previous policy as I had agreed to cancel it and the money I would get back would be the £326.43 minus handling and cancellation charges. I explained that although I was very unhappy with the situation it appeared that I was stuck with them for 12months at which time I would not be using them again ever, nor would I use Aviva as they had the bad judgement to use Adrian flux as a broker. Sorry Aviva. When my kit car insurance is up for renewal I will also be using a different broker. I have been driving for 43 years without a claim and stayed loyal to Flux for the last few years , PS I still never got to talk to a manager. they also took payment from my credit card without me reciting the number, how is that, I thought they weren't allowed to record such details. Rant over, but be warned you can't trust them.
  14. Why when insuring my car why would the insurance company need to know my credit rating?
  15. Hi, My apologies if this issue has been posted already, I couldn't find similar issue. I bought a second hand car in September. The car is just under 11 year old. I was given the "MOTOR VEHICLE REPAIR AGREEMENT" for 6 months. I drive the car only on weekend clocking up no more than 30 miles a week. Until last weekend I drove to Paris. Everything was fine until, on my way back I heard a funny noise on the brake. When I stopped and checked I realized the pad is totally gone and its has damaged the disk. There is no warning nor any sign whatsoever. I didn't contact the insurer yet I wanted to ask for advice what I should do. I believe the break sensor is faulty as it failed to warn me (even the sensors is still off). thank you very much in advance.
  16. This week yet another person has been found guilty in court of cutting off a vehicle clamp and unfortunately this case is yet another one where the 'ownership' of the vehicle is highly questionable. In brief, the individual attempted to justify his action on the basis that he claimed to be the 'owner' of the vehicle that had been clamped. He stated that he had not received any documentation in relation to the contravention. On this point he would have been telling the truth given that all statutory notices are by law sent to the 'registered keeper' (this is the person whose name appears on the V5c....commonly called the log book). For reasons that are very unclear, the defendant transferred his vehicle into the name of his flatmate and both he and his flatmate were recored as joint drivers on the vehicle insurance!!! It is cases such as this one that are the root cause of enforcement companies and local authorities viewing 'interpleader' and 'third party' claims with such suspicion. The legal position is that unless clear proof is provided, the registered keeper is deemed to be the owner of the vehicle. I will post details of the relevant legislation in the next post.
  17. I have an insurance issue I haven't been able to resolve to date. The incident occurred just over 3 years ago. My vehicle was sideswiped in England by a Turkish driver / Turkish registered HGV. My vehicle was being driven by a US resident named driver on my policy. At the time the incident was reported to my Irish insurer for information only and an attempt to pursue losses set in motion using my ULR (uninsured loss recovery) insurance. Liability has not been settled. The only offer so far from the TP's UK handling agents is a 50/50. On the other hand, to date, no counter claim has been presented to my insurers. The claim has no personal injury element. The claim amounts to vehicle damage and consequential losses (car hire, taxis, accommodation), total estimate c. £5k Panel solicitor says to move this claim forward it needs court proceedings issued. Ultimate outcome could be anything (0/100, 100/0, 50/50), or TP may fold beforehand on the prospect. My ULR insurer doesn't want to pay for this avenue and suggest taking the 50/50. Panel solicitor says if ULR aren't paying, to take the 50/50. Now my feeling is that this ULR insurance is a waste of time: If the case is easy, then they'll do it. If it's hard, they don't want to know. I've handled two easy cases myself recently, so what is the point this insurance? I don't want to take 50/50 for three reasons: 1) It's not my/my named driver's fault 2) NCD would be affected and steps back 2 years 3) TP has not put in a counter-claim. In short, I think it would leave me more out of pocket than I already am. Doing nothing doesn't appear to be an option, as despite being zero, a claim is still open on my insurance which is affecting my ability to shop around. My NCD however is presently unaffected. What's the best way to conclude this issue? I would like to be put back in a pre-accident position, but accept this might not be possible or practical.
  18. Hi all Hopefully this is the correct place to post my problem.Sorry it is a bit long winded but am at my wits end now!! My current van insurance policy began in Febuary with Commercial Vehicle Direct(CVD) and underwritten by Ageas. In May I received a letter from the motor insurance database(MID) to say my van was not on the database and for me to take action. I immediately phoned CVD who told me the problem would be sorted out in the next few days so I thought nothing of it. I was pulled over by the police in June during the day because my reg plate came up as uninsured on the police computer.I was held in the police car while they phoned through to CVD to confirm that the van was insured. I immediately phoned up CVD and was told once again the problem would be resolved.I thought OK its probably an oversight and will get sorted. I came home on Monday to find a government wheelclamping contractors large yellow sticker on my windscreen warning me to insure my vehicle or be fined/clamped/seized. So I phoned CVD on the Tuesday morning and they tell me it will be sorted in 48 hours. 48 hours were up this morning and still I am not on the database! I phone back again.They tell me it will be sorted at some point in the next few days. I have phoned Ageas the underwriters today and they have told me I will be on the database by Saturday or the will speak to their IT department. I really feel I am being fobbed off everytime. I believe it is a legal obligation for the insurance company to register my details on the database and according to the lady on the MID phoneline are subject to a "subtantial fine" if they dont within a certain time. Meanwhile DVLA have issued me with a £100 fine! If my details aren't on the database by Saturday I dont really know what the next step is for me. CVD and Ageas are not fulfilling their side of the contract as far as I am concerned If anyone can shed any light on where I can go from here I would really appreciate the advice. Sorry for the long post but feeling very stressed by this right now
  19. I have received an email from a company called Motormile Finance, they say thank you for payments on my account and they wish to work with me on a manageable repayment plan. I do not know of any debt with this organization. I did , two years ago, have a lot of problem with debt - I was unemployed for a while and experienced quite extreme depressions, I got into a mess and made some bad choices. I did have two payday loans which I stopped making payments on - I had repaid the original amount but not all the interest. One was lending stream and one was my jar. I intend to contact them when I am able to get some sort of repayment organised. What should I do about the email from Motormile? I have definitely never made any payments to this company and the email gives no details of any debt (amounts, or dates or anything) it just gives a reference number which I do not recognice, and my name. thank you in advance for any advice
  20. Hi All As title stated, how can insurance company cancel policy for no reason or even false reason. I had a motor transportation insurance which been cancelled by the insurance company with no reason giving and even without my knowledge, Did read some thread over here claiming insurance company only require to sent a recorded letter regardless if received or not and regardless of the cancellation reason. The cancellation has cost me so far £20000 refund for customer's booking. hire purchase, rent , mortgage, wages. and had to shut down my business totally as no any other insurance company are willing to offer me alternative insurance due to the crazy cancellation. this is the first question i been asked by the other insurance company did you had any policy cancelled or void, obviously i have to say the truth and have nothing to hide, i do have a clean licence with 10 years no claim bonus. when i did contact the insurance company ( the broker ) claim it is not them who cancelled it and i need to speak with staveley head, spoken with them they claim i have no space at my house address to sell cars or to keep my recovery trucks, but i am not trading from home,never said so, and they already has my industrial estate business address, then they change they word and says the industrial estate showing as Tesco site, then no it is a caravan site !!! well there is a caravan site at the end of the industrial estate but has nothing to do with me, also Tesco is 2 miles away, however they asked for pictures of my unit and yard space around and i did sent them all pictures and even with video. the insdustrial unit has a large yard of 800 Sqm , then to the date no reply what so ever even after i sent 2 other email and recoded letter. I am so close to be a bankrupt and have no idea what do it, it is been well over a month now and don't even have fund to pay for a solicitor as i have to keep my payment for the hire purchase vehicle , did make a complaint to the financial ombudsman however they claim i have to wait 8 weeks if no reply from the insurance company, thinking about taking a legal action myself, however there is no much information online about the real truth if the insurance company in UK have the right to cancel any insurance policy regardless of the reason or not. any help will be much appreciated
  21. Hi All, Sorry about the title first of all as did not know how to categorise the issue. I bought a vehicle yesterday (18.10.2014) from a dealer / trader around 135miles away from myself, the vehicle is bought for the better half (the wife) and was located on ebay at a fixed price / classified ad. I called the dealer / trader up around a week before and was advised the vehicle is all fine and no issues with it with a full service history and MOT records. I wanted the vehicle for the wife as it was top spec and an upgrade I was advised I need to leave a holding deposit on the vehicle which would be refunded on seeing the vehicle and it is not as described. I left a debit card deposit over the telephone and went yesterday to collect the vehicle, I was met by the trader and I went round the vehicle. I was advised at this point the vehicle hunts slightly when driving but found the AIR MASS METER unplugged. Paperwork suggested this had been changed and once plugged back in the vehicle ran fine and no hunting. The vehicle is fitted with a Sat Nav system which I have no operational skills of but the wife has one the same in her previous vehicle, I was advised by the dealer / trader the disks are missing for the system but it all works and disks can be purchased on ebay. So the vehicle was bought, taxed using the wifes insurance that she had prearranged and I drove the 135ish miles back home without any problems. The wife looked at the car and was happy untill she tried the button for the sat nav to open it as her old disks would work, upon attempting to open the system (pressing button) the screens gets stuck and switches off making a sound through the speakers. After some internet research we believe the unit has packed up and as someone has tried to force it closed at some point. I have contacted the dealer / trader regarding this but their response was "We don't try the functions on the car, the main thing is the unit is present". I have advised the dealer / trader that I would have expected them to test the functions especially when someone is parting with £5,500 for a vehicle. The sat nav unit to buy second hand is around £450 - £500 and repairs are unheard of at the time being. I was wondering if anybody would be able to help with where I stand with the above? Many thanks in advance
  22. Hi I have recently bought a 8 year old van the van was scrap engine had blown up and I payed cash to the original owner. The vehicle was on lese purchase and wich he said he had paid all in total the. The finance company have contacted me asking for £500 to settle bill?? Just looking for some advise on how to deal with this situation Many thanks
  23. Been contacted by MMF into a payday loan Im supposed to owe. In short they say the account defaulted in August 08 although I never received a default notice. I have never made a payment since. However in June 2014 I made a letter of complaint to the payday loan company which contained the words "I have a payday loan with your company..." Does this extend the statute of limitations?? I've a feeling I messed up. Any help appreciated.
  24. A careful driver who only nips to the shops: why was Stan asked to pay £12k to insure his Fiesta? Millions of elderly motorists taken for a ride
  25. Afternoon All, Me and my partner are looking at starting a Motor Trade Business and are wondering what insurers or brokers are best to go through. We've been looking at a few local companies, but to be honest, we're not relying who we go with, on their location. It would be an added bonus to have a company nearby (North-west England) but does anybody have any companies they would like to recommend? Thanks, P
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