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    • 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.     
    • 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 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!


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I am interested in both options Rory,

how do i word the letter inviting them to write the debt off, and what chance is there that they will comply ?,

if i go for the reduced settlement on my terms, can this be done without them using the fact that as im making them an offer, then i am admitting they have the right to collect the debt from me ?.

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Hi Darkhorse,

 

Always send letters recorded delivery you're then building a file of evidence that you were trying to resolve the situation. If M&S continue to ignore you and decide to take 'further action' you already have several weapons to fight with.

 

If you don't already have your own thread then start one asap. This will help you and not divert blueda's thread off topic.

 

You're in good company on this site. I had a recent success against AMEX who did take 'further action' it cost them dearly:D

 

CP

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Cunning Plan,

thanks , it's very reassuring.I'll still be following this thread and start my own if I have something to say. I didn't want to hijack this one, I just thought we were on the same path(don't really know how this works yet)

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I have had no correspondence from Cabot since the above letter dated 27 March, which i never replied, i havent paid Cabot for the three accounts for 3 months now, is this the quiet before the storm ?. :???:

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It may be some time before you hear from them again. It's been almost 2 years since I asked for a copy of my agreement. In their response apparently this would take them no time at all but they were popping the account on hold just in case. I haven't heard from them since on that one.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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From Cabot ?

hope we dont hear from them again then,

i really wonder how i got into so much debt so quickly,

we didnt have much to show from it, and we have paid back thousands, and still in debt

, i am wondering if i should send for a subject access request from Link financial, advice please.

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  • 2 weeks later...

It depends on what you want to achieve.

 

They have not provided a valid cca so you can lawfully withhold payments

until they do or you can use this to reduce the balance and try and get them to accept a full and final settlement.

 

did you send a reply when they sent you and application form?

 

have they sent any demand for payment?

 

Ida x

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Hi Ida,

i did reply to the application form they sent, i have not yet stopped payment to them

i have stopped paying the three Cabot accounts,

i kept Link going so as to keep the connection with the debt management company and i am going to write to DMP to suspend payments to Link financial before the next payment is due.

As for reduced payment for full and final payment, i will be interested if they accept around £50.

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you can only ask but make sure that it includes that no other company can persue for the remainder

 

Ida x

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here ya go:

 

Mr A N Other

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Re: 4563210025897412

 

We write with reference to the money which you are claming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £775 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

Mr A N Other

ida x

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Thanks Ida, i will consider making them a token offer and see how it goes, they will perhaps take the offer more serious after i have stopped paying them.

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maybe add a sentance stating again they have not provided a valid cca and to try and resovle and bring a conclusion you are willing to offer the following etc etc

 

ida x

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Hi Blueda,

 

Personally I wouldn't bother with a SAR. What you've been supplied with by Link is unenforcable. A SAR wouldn't offer you anything more at this stage - plus you'll be out of pocket by £10 and the postage.

 

If Link continue to chase you, and their only route would be via court action then any information you'd need you'd get under Civil Proceedure Rules anyway.

 

I'd sit tight for the moment and wait to see what they do next. You have the upper hand at the moment and that's unlikely to change. Link know this.

 

CP

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Cunning Plan this is a Scottish debt, not an English one.

The CPR does not apply in Scotland - it is part of the English legal system.

The Scottish legal system is very different.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Blueda & Rory,

 

Sorry Blueda didn't mean to mislead you. Thanks Rory for correcting me. I've been dipping in and out of this thread and obviously wasn't fully concentrating on it...

 

As for the second point you raised Blueda. Link and also our friends (I use the term in jest) at Cabot are two of the most difficult nuts to crack. But as several people have pointed out what they have sent is not a compliant document. Even so, on past experience, they will keep pushing & threatening which is what they are good at.

 

CP

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If they feel stupid enough and not alot

just keep anything they send you

Ida x

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Hi Blueda,

 

Idainfife beat me to it.

 

Link must by now realise you have taken advice and they would be pushing their luck to take you to court. If they do chance their arm you already have enough information to compile a robust defence. Meanwhile

keep everything you have in connection with this, just in case.

 

I suspect they'll go away and look at other accounts they have and try their luck with those. Sadly there are still people who don't know their rights when it comes to DCA's and their questionable tactics.

 

CP

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Hi Blueda,

 

A great number of people have been through the mill with DCA's. With assistance from this site,and others,the playing field isn't quite level - yet - but we're getting there.

 

If you haven't already take a look at the success stories here on CAG. It'll cheer you up and give you even more confidence. For starters here's my battle with AMEX. http://www.consumeractiongroup.co.uk/forum/legal-issues/144007-help-amex-no-cca-new-post.html You'll see they even offered to halve the amount I supposedly owed them in an attempt to get me to cave-in. I stood my ground and two days before the court date they wrote to me with an offer to drop the case if I didn't claim costs. Joy of joy what a turn around!

 

CP

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Hi folks, i am planning to send a letter to Link financial, something like as follows

Dear Sir/Madam

Thank you for the information you sent, which i received on -----09.

The information you provided is not a Consumer Credit agreement and does not give your company any legal right of entitlement to claim money from me. I have therefore instructed my debt manager to cease making further payments toward this alleged debt unless you can produce a proper and valid copy of a Consumer Credit Agreement.

Yours faithfully

Blueda.

That is a rough version of what i intend to send, i have already sent Link two template supplied follow up letters, the latest one they have not replied to, as always advice is most welcome.:-)

 

Anyone ?

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