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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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curiodeb/Howard Cohen **Case Struck out**


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Hi Andy!

 

Hope all is well....finally have some news for you! Have received an allocation questionnaire which has to be in by 12th. Plus this morning have also had letter from our friends solicitors saying that in light of the situation they are willing to negotiate on the £3900 owing and will accept an offer of £2700 as full and final settlement so looks like they are breaking a bit!! Still had no documents off them though!

 

Kind regards Debs :)

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Hi Debs

 

Hope you are well also.Ok back to buisness is it the N150 you have recieved?

How do you feel with regards to their offer?

Is it headed "WITHOUT PREJUDICE.?

 

 

Regards

Andy

Edited by Andyorch
typo

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Hi Andy

 

Yes that's the form..N150. With regards to the offer, at the beginning of this episode I offered them £2000 as final settlement as this is all I have access to but they rejected it and counter-offered £3500. Now they offer £2700 but I still only have £2000 to offer but would be really happy to settle at that amount. Your defence must have put the wind up them, it was really good!! Where would I stand if this went to court iyo?

 

Kindest regards Debs:)

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Hi Andy! So sorry for delay yesterday ended up a nightmare of distractions and to top it all scanner broken! We carry on regardless lol! Anyway yes letter is headed without predjudice and goes on to say that payment should be recieved by 12th august and if not I will remain responsible for the full amount of £3954.00!

 

Hope this helps! Continuing to appreciate your assistance as I know you are busy ;)

 

Kind regards Debs

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Good morning Debs

 

Ok dont worry about posting the letter up I have the jist of it anyway.

You are right to suggest that they are beginning to worry however mediation and amicable agreements are what this game is about.However you understand that we can not use their letter in your case and so need to complete said N150 by the 12th.

Are you ok to complete this or do you need assistance?

 

Regards

Andy:)

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Just an insight to what the AQ is about The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case.

 

Regards

Andy;)

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Thanks Andy!

 

Just reading through allocation carefully about experts etc and do I want to use crown mediation etc not really sure what to put but will keep reading to digest, mentions including fee if over £1500 but can't find fee scale anywhere any suggestion as to the amounts or where I can find information?

 

Kind regards Debs :)

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fee dosent apply to you Debs you didnt bring the claim.

We could do with some help from you.

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You are the defendant completing the N150

 

 

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes

B. Location -tick no

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the bo

Applications-you haven't made any-tick no

Witnesses- your name

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-can't complete without claim value

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- leave blank for now

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish.

 

Regards

Andy

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Not much difference you can still use my guide above .Because of the amount involved in the claim yours will SCT (small claims track. A N152 form [notice that a defence has been filed] is self explanitory

 

Regards

Andy:)

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You are very welcome Debs just post if you are not sure of anything i am always around:D

 

Regards

Andy

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In the other information box write the following (edit to suit)

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particularised defence, by refusing to provide information first requested under a CPR 18/CCA request on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a particularised defence

 

 

That should be suffice

 

 

Regards

Andy

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Andy...cheers that sounds great! I take it we are just ignoring the offer letter for now with no response to them. Final query (phew! sorry)..do I need to photocopy AQ and send to CL Sols or not?

 

Kind regards Debs

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Hi debs yes copy to Court copy to Claimant S/del

 

 

 

Regards

andy;)

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Hi debs yes copy to Court copy to Claimant S/del

 

 

 

Regards

andy;)

 

Youre sending the claimants a copy as a matter of courtesy, make sure you dont sign that one just type

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 month later...
  • 5 weeks later...

FINALLY BACK ONLINE!!! So sorry for delay in update...my PC has been down and just got it back from repair (which is another story!!!) - Phew!

 

Well in the time I have been offline I have received a court date of 17th November and also our friends have sent me another letter asking me to settle a 3000 which is still too high. I have not replied to them and to be honest I am very nervous about going to court.

 

I still have not received any of the paperwork requested and have nothing to prepare my figures with.

 

Any advice guys??

Many thanks kind regards Debs

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Hi Debs I trust you are well

 

Ok did you recieve a copy of the Claimants AQ if so it would help if you can post details of their intentions.I will need to refresh myself with your case before offering any further advise and will get back to you later today.

 

Regards

 

 

Andy:)

We could do with some help from you.

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Hi Andy, yes thank you, I am much better now I have access again, I trust you are well too?

 

I sent a copy of my AQ to them but never received one from CL. The only communication I have had from them is an offer to settle at 2995. The only other letter I have received is from the court stating small claims track route and a date of 17th Nov and instruction to claimants to pay fees of £200+ pounds and if not received the case will be struck out. So here's hoping they don't pay!!!

 

Regards Debs

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Hi again Debs

 

Ok so they have not paid the fee this would imply that they have also not submitted their AQ either.Ok tomorrow check with your Court firstly have they submitted said AQ and if so request a copy and if not ask when would it be appropiate to apply for strike out.Disregard their letter of settlement looks like they are ready to fold if they have not submitted their AQ.let me know the above as soon as convienient.

 

Regards

 

Andy;)

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Hi mate

 

good luck, CL had a proper CCA and statments with my case, but i still got the case stuck out becasue they coul'nt be bothered sending me a copy today the offered me a 75% discount MMMMMmmm pay 25% or nothing? what are they going to do take me to court if i don't pay ....only joking i think i might pay

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