Jump to content


  • Tweets

  • Posts

    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • A shortage of drivers has disrupted supply chains and fuel deliveries, with vehicles queuing for petrol.View the full article
    • Hannah Peel wore a sustainable dress to the Mercury Awards - but is the fashion industry changing?View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Critical illness cover with endowment


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4951 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Having just recently moved to Spain, I have been reviewing all my endowments. I am aware of the possible shortfall with all of them, however this is not an issue. I have a different mortgage now and am using them purely as a savings plan.

The last one I took out included Critical Illness Cover. I think I might have been a bit naive about this. I would like to know from the learned members on here whether it is possible to remove this part from the policy but still continue to pay the premiums for the endowment until term is reached.

It would appear that the critical illness cover is taking approx 1/2 of the amount I pay each month.

I have not approached the company about this yet as I would like to take advice first.

Can anyone point me in the right direction please

 

Jon

Link to post
Share on other sites

  • 3 months later...

I am currently in the process of reclaiming my critical illness cover and my opinion is dont just stop it claim it back, if it was of no use to you then they should not have sold it to you.

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Thanks for the reply. I don't suppose I could prevail upon you for the details of how you are going about this could I?

By PM if you prefer not to give away secrets on an open forum!

 

Jon

Link to post
Share on other sites

Hi Jon,

 

I see that you have recently moved to Spain, therefore, it is unlikely that the CIC policy will cover you. However, before you cancel it based on that, please contact your insurer who will give you more information. Also, you should be able to ask your insurer to remove this aspect from your endowment.

 

I would advocate talking to your insurer sooner rather than later.

 

HTH

 

D x

Link to post
Share on other sites

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Thank you for the replies. I am keeping these policies going as a form of savings plan. I'm sure I can do this as I am still paying full UK tax as I work offshore in the North Sea. I will have to check on this before I make any decisions as to whether or not I want this payment stopped or not.

Jon

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...