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    • Looking for a bit of advice on an possible malicious or fraudulent claim.   I received a letter today from my insurance company regarding an alleged incident three months ago and stating I had five days to respond or my no claims bonus could be affected if they settled the claim. It gave a date and postal code for the incident. I rung the insurance company and said I had not been involved in an incident on the day in question and was not even in the area. I am absolutely clear on this although the area is only about 15 miles from my home, it was Easter Monday and I know exactly where I was that day. I asked about the incident and was told that my vehicle had reversed into another car outside a shop. There are no shops in the area, it is purely rural farmland (so no CCTV obviously).   The insurance company said they would note my response and send to the claimants insurance company but would need to send an assessor out to take photos of my vehicle for any damage. My vehicle has no damage to the rear but does have a dent to the door from a collision with a deer that I have never done anything about.   My questions are ;   How did the claimant obtain my insurance details ? Does my insurer have to provide me with details of who the claimant is ? Could the dented door cause a problem because I didn't report it ? It is very obvious it is not damage from reversing into someone else. If I had been away on holiday and hadn't responded, would this claim just have been paid without me knowing about it resulting in loss of NCB ?  
    • It doesn’t say FINE anywhere on the documentation.    I don’t have the facility to scan the document, is there something in particular that you need to see? I can explain what is on there.    Thsnks 
    • CASE DISMISSED!!!   Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!)   That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!   The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).   I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.   Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online:   "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/   Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!    
    • Thanks Honeybee   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement - 5/7/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/7/19   3 Date received 16/7/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? Northern Parking Services   8. Where exactly [carpark name and town] 1 Kings Manor Newcastle NE1 2ST   For either option, does it say which appeals body they operate under. BPA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE     I do not think there is ANPR at this location but there are photos of the vehicle in a parking space The PCN has a "vehicle observed from"  date..... and time......  "to date..... time.....  
    • Hi,sorry for delay in respnse, just started a new job.   LBA here   Sports Direct 1st June 2019   Dear Sir/Madam, On 26th January 2019 I bought a pair of Phantom VSN in size 11 from Sports Direct Chingford. Please see my details of purchase below. ..... screen grab from bank statement of card payment .... On the 27th June 2019 I was surprised to see that the sole of the right boot had torn open at one of the rear studs, making the boots unusable. Please see picture below. ..... picture of torn sole of boot .... The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.  I do not feel that an £85 pair of boots should fail after five months of being used for nothing other than their intended purpose. As you are in breach of contract I am rejecting the boots and request that you refund the sum paid to you of approximately £85 which I trust you will be able confirm from your records. I have bought a replacement pair of the same boots from your website on the 28th June 2019 as my son needed boots almost immediately, for that reason please give me a full refund of the original purchase price. I am today returning the faulty boots along with this letter to the Chingford branch of your store. If I do not receive your satisfactory proposals for settlement of my claim within 7 days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you. Yours faithfully,   They replied by email to say this ............. Thank you for send your football boots for a further inspection.   I would like to advise you that on inspection it is our belief that the issue is due to wear and tear and not an inherent manufacturing fault. I appears that the stud had been caught on something which has caused it to rip apart from the sole.   Sadly, I am afraid for this reason we are on this occasion unable to offer a replacement or refund for your boots.   I have now returned your boots to you.   Apologies for any disappointment caused. Kind regards, ................ The boots arrived back to me today   I assume I now make a small claims claim?   Thanks Micky  
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zootscoot

OFT v Abbey and others April 2008 - what this means for you

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The judgment out today basically had three points to decide:

 

 

1. If the Unfair Terms in Consumer Contracts Regulations of 1999 could be applied to the terms relating to bank charges for overdrafts in personal current accounts.

 

2. If such terms were written in plain and intelligible language

 

3. If the law of penalties applies to overdraft charges in personal current accounts.

 

 

 

The High court held:

 

 

1. In favour of the OFT - yes the UTCCR 1999 do apply

 

2. Mainly in favour of the banks although some in favour of OFT

 

3. The law of penalties does not apply to any of the terms considered in relation to overdraft charges because either the term did not give rise to a contractual obligation or prohibition so there was no breach of contract or in the case of Barclays, the charges considered were not payable on the breach of contract.

 

 

 

This is a massive victory on the part of the consumer. This means that the High Court have ruled that the Unfair Terms in Consumer Contracts Regulations do apply to overdraft charges which the banks have always denied.

 

 

This was simply the first round which may be subject to an appeal. Once the first round is finalised their may be further litigation to decide if the charges are unfair or there may be a compromise agreement between the OFT and the banks. But it is an important first step in getting a final decision.The court will be hearing submissions on historic terms at a later date. Each term is considered on its individual merits so it may be that some charges are payable on breach and therefore subject to the law on penalties.

 

 

 

 

What this means for you:

 

 

 

 

If your claim is currently stayed - the stay will remain in place until at least May 22nd when a decision will be made on any applications for appeal. Even if there are no appeals the stays may remain in place after this time until the second issue is resolved.

 

 

 

 

 

If you have not yet put in a claim but have written your preliminary letter do continue to make a claim so that you can claim your interest. If you wait until the outcome of the final decision it is unlikely that you will be able to file a claim as assuming the court rules in the consumer's favour the banks are likely to pay out on receiving complaint without waiting for you to file a court claim. In which case you will lose out on the valuable interest.

 

 

If you have not done anything yet then you can start the process by doing a Subject Access Request as detailed in the step by step instructions and then totalling up your charges using the spreadsheets and send off your preliminary letter demanding money following the normal process.

 

 

Claims which are not affected by this decision:

 

 

CREDIT CARD

MORTGAGE CLAIMS

CLAIMS ON LOAN ACCOUNTS

 

 

Claims which are affected:

 

All personal bank accounts

 

The ruling on penalties will have serious implications on business claims.

It is not currently advisble to start a claim on a business account until further guidance is given on the issue of penalties in relation to historic terms.

If you have a business claim already lodged with the court you may like to consider putting your claim on hold until this matter is determined. You can do this by making an application for a stay using form N244. A court fee is payable but is less if you get consent from the defendant before applying as this negates the need for a hearing.

Edited by zootscoot

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