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    • I am sorry about getting your status mixed up.  I have noticed one thing in your excellent WS. On their claim they are only pursuing you as the keeper-I think it is  in their Point C that  states along the lines of -the driver did not pay , so the keeper is liable. So on your No keeper Liability section  You may prefer  to alter 13 to    . It is trite Law that the driver and the keeper cannot be regarded  as the same person and the claimant has failed to offer any proof who was driving.  BY  only pursuing the keeper  when the PCN does not comply with PoFA must mean that their claim fails. See what the Site team thinks as it should  stop the Judge from looking at who was driving as your statement preempts them from even thinking about it.
    • What would suffice as proof? I just emailed them back my date of birth. Should I send a copy of driving licence? 
    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to./   14/02/2020   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No    Why did you cease payments?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
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Norwich Union wont check other cars details


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Originally Posted by JonCris

What can I say but utter rubbish.....Are you not being a little hard on yourself here, most (but not all) of what you say is true (aggressive and rude) but true non the less ..& having seen the comments of the OP is it little wonder that the victim threatened him if he displayed the same mind set as here (so tempting to quote a phrase involving a teapot and kettle here LOL)

 

The victim was the victim & will always remain the victim & if the victim threatened the negligent driver's husband then that's another matter all to together.........to suggest the victims own unrelated actions negated his right to compensation is frankly utter drivel. Well there you have it a victim for the rest of your life because someone put a dink in your car door.

 

Scenario - Mr A's wife hits Mr B's car - Mr B gets abusive to Mrs A so Mrs A's Husband comes out to protect his wife Mr B takes one look at him and punches him on the nose because his wife has just hit his car, however, this appears to be unrelated - sorry who did you say was talking rubbish/drivel.

 

Senario...........idiot negligent driver runs into my car whilst unattended.........I arrive & call the driver an idiot who should not be on the road & in my frustration I threaten him when he gets snotty without actually doing anything.....result I now can't expect the idiot to pay for my damage.....yeah right.

 

Scenario. Idiot person who puts mouth/typing hand into gear before engaging brain and/or reading what he is replying to (Stooping to your level I know but hey, whats good for the goose etc.....). I clearly stated that they were wrong regardless of the original victims circumstances ie taxed or not. (And by being in the wrong this means they should pay up or allow the insurers to do so).

As for the cost of the repair that's between the insurer who's paying & the 3rd party

 

"After all it was only an accident" Once again there is no such thing as an 'accident' were there is negligence. In other words it was not unavoidable

 

Accidents never happen! So people who slip in snow for example do this intentionally, or are you saying the snow was put there on purpose, or is it that the snow itself is negligent by being there? Quick someone ring the hospital and tell them that they must change A&E to I&E.

 

Badger without knowing the exact circumstances of the case you mention it's impossible to comment other than that here it was not the same The OP struck a parked unattended vehicle.

 

Does this mean you know the exact circumstances of this case then? Since you have clearly not found it impossible to comment here.

Why do you feel the need to be so aggressive to people just for having an opinion?

 

Talk about self indulgent - take a chill pill

HTH (Hope This Helps) RDM2006

 

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"An accident is a result of unforeseen circumstances".......

 

The circumstances as described here by the OP........are NOT unforeseen & therefore are NOT an accident....it has been caused by the negligent actions of the driver of the moving vehicle striking a parked & unattended one.....call it what you like dazzling but an accident it ain't

if it is not unforeseen then you are saying my wife knew she was going to hit another car. that is libel. that also removes negligence because she knew she was going to hit another car. it was clearly an accident at an unforeseen event due to her carelessness at not looking behind properly.

Also so what if he does have something to hide it's a matter for the police & none of your business. Also it doesn't alter the fact that your wife is the negligent party & he's the victim

you clearly havent read all posts, he is not the victim, he is a man on a drink driving ban who is getting involved. we have never seen or heared the victim who are the owners of the car that my wife accidently hit. why's he getting involved? if i threatened your wife or partner then wouldnt you get involved? it is a matter for the police that's why i want reg of the car so i can go to the police.

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Negligent driving does NOT constitute an accident & if the driver of one vehicle hits another vehicle which is parked & in this case unattended then that is negligence......otherwise why admit fault........

 

Only an act of God can result in an accident..........eg unfortunate driver has unforeseen heart attack from undiagnosed heart condition causing them to lose control & collide with another........IS an accident........if the heart condition is known of by the driver & they have a collision as a result of a heart attack then that is not an accident....it's a foreseeable incident

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you need to look in the dictionary. my wife neglectic her rear view mirror resulting in an accident occurring due to her carelesness!!!

 

Quite..........so it wasn't an accident......as according to you your wife neglected to look in her mirror..........A failure to act does not constitute an accident & I suggest YOU look in the OED....again

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Wow! Some people are really getting hot under the collar about splitting hairs.

My reference to an old case that I vaguely remember was not intended to have much reference to the subject of these postings, but only to point out that the driver of a parked vehicle can be held liable for contributing to the cause of an accident/incident.

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Wow! Some people are really getting hot under the collar about splitting hairs.

My reference to an old case that I vaguely remember was not intended to have much reference to the subject of these postings, but only to point out that the driver of a parked vehicle can be held liable for contributing to the cause of an accident/incident.

 

I'm sorry but just being parked can't be a reason to suggest liability. There has be some negligence on the part of the parked vehicles owner & parking by itself doesn't count.........otherwise, following that logic, every time a motorist emerged onto a main road, whilst their view was obscured, causing an incident they could blame the other person who parked the vehicle & not themselves for emerging blind.

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Wow! Some people are really getting hot under the collar about splitting hairs.

My reference to an old case that I vaguely remember was not intended to have much reference to the subject of these postings, but only to point out that the driver of a parked vehicle can be held liable for contributing to the cause of an accident/incident.

dont worry badger, joncris is just annoyed cos he doesnt even understand what accident means in the OED. i mean, where does it state in there that an accident will only happen with the hand of god?!!!

scenario: man 1 steals car stereo from stationary car. on his way to a pub, man 2 steals car stereo from man 1. later that day, man 2 gets caught by police for stealing the car stereo. man 2 says he stole stereo from man 1. should man1 get away with being investigated cos the police have man 2 and man 1 is a victim? i think not!!!!

the car should not have been there whether it had all docs or not. the guy opposite us is a mechanic and put the car there. he is working from home and i can assure you he does not declare the any business taxes and should not be working there as per his tenancy agreement. i am man 2 and man 1 is the mechanic, the only difference is that nothing was stolen and no police were invovled and it was an accident regardless to what joncris says!!!

i am currently gathering photo evidence to not only get him evicted but for the inland revenue to recoup the taxes he owes!!!

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= negligence on the part of your wife in neglecting to check her mirror.

correct but it was also carelessness as my wife could get done for 'undue care and attention'....still an accident

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The big deifference is that you are STILL confusing the different issues.

For the LAST TIME - IT DOES NOT MATTER WHETHER THE CAR SHOULD HAVE BEEN THERE OR NOT. IT WAS THERE AND YOU HIT IT.

 

Are you suggesting that if you hit a wall which didnt have planning permission, and some brick come off and injure a passer-by, that you would not be liable because "the wall should not have been there"? Or what if an elderly person is slowly crosing the road in the wrong place. Are you secure in your knowledge that you can knock that person over because she should not be there? Becasue that is EXACTLY what is being said here. The examples are extreme, but the principle is the same.

 

Your beef about this car not being taxed, MOT'd etc is nothing to do with you. You don't even know for absolute certain that the car is not taxed etc.

 

The person's reaction to you is wrong, but that does not entitle you to do a wrong to another.

 

And the OED definition of an accident does not encompass the meaning ascertained to it by the insurance industry. Without being patronising, I suggest you undertake the Chartered Insurance Institute courses before commenting on such things.

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The only reason there can be for an 'accident' is that the circumstances are unforeseen (previously referred to in law & practice as an 'Act of God) If a collision occurs because of a lack of attention to what your doing, like not checking your mirror properly, then it's not unforeseen & therefore NOT an accident

 

You quote the OED I suggest you read your post again I try & understand what it says.....at no point does it state that an accident can be the result of negligence.......in fact it states the opposite.....the circumstances have to be unforseen........& in your case they are not.

 

Now it appears you blame him even if he is legal so all that guff before was just a smokescreen to disguise your true intentions. Now you speak of getting the guy evicted from his home & reporting him to the authroities......got kids has he........when will your vendetta against this guy end.........never I suppose.............you must be very proud of yourself

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Hi all,

 

I have to say that this thread is going around in circles!

 

Dazzlin 73, you are missing the point entirely. Bottom line - Your wife reveresed into a stationery car, therefore in law she is 100% liable. FULL STOP.

 

Not what you want to hear, but fact. I had someone park there car in my front garden, about 50 yards from the highway and I reversed my car through my gates into my front garden, not expecting anything to be there, it should have been the case. I was held 100% liable and I had to pay for all damage. This chap took a diabolical liberty, but if was my fault. FULL STOP.

 

H

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Hi all,

 

I have to say that this thread is going around in circles!

 

Dazzlin 73, you are missing the point entirely. Bottom line - Your wife reveresed into a stationery car, therefore in law she is 100% liable. FULL STOP.

 

Not what you want to hear, but fact. I had someone park there car in my front garden, about 50 yards from the highway and I reversed my car through my gates into my front garden, not expecting anything to be there, it should have been the case. I was held 100% liable and I had to pay for all damage. This chap took a diabolical liberty, but if was my fault. FULL STOP.

 

H

 

I hope you charged him rent for using your premises to store his property :-D (if only you could eh)

 

 

And Dazzlin although I agree that just because a car has been hit, its owner has no right to be abusive and threatening, I now feel that this is looking like a vendetta and you are allowing this event to take over your life. Don't allow it to do that, just let it go.

HTH (Hope This Helps) RDM2006

 

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Guest Old_andrew2018

As I read through the posts, I have to agree with gyzmo the thread is muddled due to several issues.

  • The car being hit, this is cut and dried, Dazzlin crashed into it, and admitted the facts.
  • The other car was it insured, well direct line are acting for the other party so the answer is yes, was it taxed who knows, it nothing to do with the OP, its a DVLA concern (but consider a valid MOT cert is required to tax a motor vehicle), an MOT cert was according to the OP issued that day.
  • Threats made to the OP, no evidence supplied

Rmd2006 advises that the event could take over the OP life, I think that's true I can just imagine standing in a pub used by the OP, having to listen to the same story over and over.

Is it not time to ask a moderator to close the thread, if you go back to the OP's original question how much NCB could be lost?, then lemontwist answered it "If you no claims discount is unprotected, then it will be reduced by 2 years".

 

Andy

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if ya gonna quote me the least you could do is get my name right Oldy oops Andy :D

HTH (Hope This Helps) RDM2006

 

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Guest Old_andrew2018
if ya gonna quote me the least you could do is get my name right Oldy oops Andy :D

Ha, Ha, I accept the criticism, rdm2006 I've got it right now, but don't you think the thread has run its course, as you say (paraphrased) there is a risk of the event taking over the OP's life.

 

The only real losses were the drivers pride with a possible 2 years of their NCB, the other car owner will have their car repaired, I expect it was still drivable otherwise the OP could have found the registration number.

 

Nady oops I mean Andy

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As I read through the posts, I have to agree with gyzmo the thread is muddled due to several issues.
  • The car being hit, this is cut and dried, Dazzlin crashed into it, and admitted the facts.

Andy

 

Actually, it is not that cut and dried as it was Dazzlin's wife who was driving. :rolleyes::p

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My own view is that I think it appalling that this incident should be used by the negligent party in an attempt to have the accused evicted from his home....I think stating that brought the true motives to the fore

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My own view is that I think it appalling that this incident should be used by the negligent party in an attempt to have the accused evicted from his home....I think stating that brought the true motives to the fore

 

To be honest i don't think that this was their original motive. Their original motive was that this guy was abusive. As the saying goes s#'/t happens and that is how it should have been viewed but by being abusive this angered the op (as any of us would be angry at this), but now it is spiraling out of control in my opinion and just because the other guy was being silly there is no need to stoop to his level. I would just shrug my shoulders and say "its just not worth it"

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I agree rdm but it soon became clear that the OP wasn't going to stop blaming the victim for their wifes negligence & no matter how many times it was explained that an accident is not actually an accident if it's caused by negligence then it's an incident which the poster refused to understand

 

I fully understand that some will want to vent their spleen & why not they feel they have been done wrong but in this case the person was asking us to support him in what now appears to have been a vendeta.....I suppose the thought that most here have been the victims of one injustice or another makes some members think they will be supported no matter what

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To be totally honest i think that if this had happened to me my gut reaction would be "why should he get away with threatening me when he has no tax etc etc" and lets face it people can park cars in a way that is likely to cause an accident, it does happen, but like i say when it gets to the point that its taking over, then it is time to stop as the only person you are going to harm is yourself. Take a deep breath count to ten and just say sod it!!

 

 

ooo it didn't edit that can we say sod it ?

HTH (Hope This Helps) RDM2006

 

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How can someone park a car in a way that is likely to cause an accident? Is it an invisible car that suddenly appears when another car comes within a couple of feet of it? It is someone else who is driving too fast or not paying attention to their surroundings or failing to anticipate problems that causes incidents, not stationary objects. No wonder there's a perceived blame culture....

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How can someone park a car in a way that is likely to cause an accident? Is it an invisible car that suddenly appears when another car comes within a couple of feet of it? It is someone else who is driving too fast or not paying attention to their surroundings or failing to anticipate problems that causes incidents, not stationary objects. No wonder there's a perceived blame culture....

 

 

Don't know about you but whilst i have been driving i have seen many cars parked where i have thought what a stupid place to park a car or do you not notice these things when you are driving ? and did i say it would or should be their fault no i did not. (ever heard the phrase look before you leap)

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