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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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Can anyone help with a possible assurance?


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A couple of years ago I received a letter from a firm of solicitors informing me that there was a policy in my name. All I had to do was quote the policy number and the funds would be paid to me. I had no knowledge of any policy and thew the letter away.

 

On discussing the letter with my dad I was told that my late Grandfather worked for the company mentioned and that he took out a policy for me why I was born. It would therefore appear that there is a policy in my name.

 

Does anyone know if there is any method of tracing any such policy that I may have? I do not know of any policy number but have heard that by providing certain details to some organisation or something similar a search can be completed.

 

With thanks

 

Dave

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Do you or your father have any recollection of which insurer the policy was with?

 

If not, it is still possible to search for it, but it will be a bit harder. Here is the website of the Unclaimed Assets Register: Unclaimed Assets Register: Find Your Lost Pensions, Lost Assets, and Lost Money They will be able to do a search for you.

 

However, if you do remember the insurer's name, it will be best to contact them directly.

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LemonTwist,

 

Thank you for your reply. As far as I can remember I think that it was a company that he worked for or had links with. I am not sure if, following my birth, he opened the policy through work.

 

Either way, once again thank you, I will speak with my dad.

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I know that when my father died I asked the insurance company if he had took out any other policies besides the ones I was aware of .I was informed that without a policy number it was near impossible to search as they had millions of them .There must be some way,as there is with old bank accounts , and I hope someone comes along soon and tells you :).

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I know that when my father died I asked the insurance company if he had took out any other policies besides the ones I was aware of .I was informed that without a policy number it was near impossible to search as they had millions of them .There must be some way,as there is with old bank accounts , and I hope someone comes along soon and tells you :).

 

It is still possible without a policy number, it's just that it may take longer. It all depends how much other information you're able to provide. If they are old policies, they may have originally been on paper records, but they would probably have been transferred to a computer system in more recent years, so that should make it easier for them to search through the archives.

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That's strange. I got a letter some years back from some financial place saying that shares were left to me (they had my full name) and to call them. However at the time I had several DCAs chasing me and I thought it was them trying to catch me out.

 

Always wondered whether it was genuine or not

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  • 4 weeks later...

Thank you for all your help. I have applied to the unclaimed asset register and am considering the fee of twenty five pounds. When the policy was taken out my grandad would have been either working for Tate and Lyle Sugar Refineries or in his own engineering business. It will have started with the old pounds, shillings and pence and will, if still about, be very small.

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That's strange. I got a letter some years back from some financial place saying that shares were left to me (they had my full name) and to call them. However at the time I had several DCAs chasing me and I thought it was them trying to catch me out.

 

Always wondered whether it was genuine or not

 

Why not go through the checking process. Hopefully, it might work out.

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I know that when my father died I asked the insurance company if he had took out any other policies besides the ones I was aware of .I was informed that without a policy number it was near impossible to search as they had millions of them .There must be some way,as there is with old bank accounts , and I hope someone comes along soon and tells you :).

 

Janet, there might be a way to search if there were any. It would be worth a try.

 

I will see what I can find out re a search organisation and maybe, just maybe!!:)

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  • 2 weeks later...
Janet, there might be a way to search if there were any. It would be worth a try.

 

I will see what I can find out re a search organisation and maybe, just maybe!!:)

 

I know my father would of only used either of 2 companies , Royal Liver or Co-Op .

 

sorry for temp hi-jack Dave882 :)

 

Will you let us know how you get on with this please Dave882 .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Some further information:

 

If you have no policy number- write to the insurance/ assurance customer services department (or their successor) and include details of the policyholder's name, date of birth and address where payment was last made from. Plus, if you have them, the policy number and the method of payment, for example, was it direct debit or door-to-door?

 

If you have no information at all but suspect that a life assurance policy exists you can contact the Find Your Lost Assets and Pensions Yourself- a database of unclaimed life policies, pensions, unit trust holdings, and share dividends from many companies, including the Prudential. The UAR charges £18 for each search.

 

As its a paid for search at £18, be on safe side and get them to check for anything.

 

Also, ring the Association of British Insurers (020 7216 7455). That should take you through to lost policies, might try there first before UAR. If they can't help, ask them how you would go about it.

 

If the policies were up to date it appears there is no time limit on paying out to an estate.

 

Hope something comes from this. Please update to let us know how you both get on

Edited by kennythecelt
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Edited by Janet-M

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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