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    • Page 33 general conditions  "Your duties You must contact us as soon as reasonably possible and provide all the information,  documents, evidence and help we need to settle your claim or pursue a recovery." Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first. It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.  
    • Good evening, The court date for this is 3rd June and I've decided I will defend in court. Following some very interesting happenings in my other claim at court the other day (thread will be updated after this one) I am certain I want to defend this not because I'm confident of it's success, but rather I want to experience the day and press on my belief (I know it's only a belief) that a copy of DN and NOA's themselves, is not proof of serving, which MUST have taken place. Much better evidence of serving, would just be proof of postage or signature of recipient with the correct date, even without the letter copies themselves. Their evidence in exhibits is not strict proof. Law of Property Act 196(4) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter........." Isn't a 'registered letter' proof of postage/receipt (signature)? It might not have mileage, but its my first claim and I will be levelled up for experiencing it and trying. Meaning I can make more informed decisions on the numerous others pending within months. including claim #2 Thank you for helping me get this far, I've learned so much already and already making better decisions on accounts I don't have a thread for. I welcome discussion, thanks  
    • thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something?  this is only the policy document. But I can't see it being in any of the others (list below)?  Schedule & IPBY Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses. Insurance Certificate Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions. Insurance Policy Explains the terms and conditions of your cover. Credit agreement Outlines the terms, payments, and interest of your credit agreement. Important Information Document Outlines fees and charges, how your data is used, and how to ask for documents in different formats. Insurance Product Information Document Details of your cover and exclusions. Direct debit information Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee Pre contract credit information Outlines the key features, costs, and legal details of your credit agreement. Adequate Explanations Details of your credit agreement. About our insurance services to you Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)   insurancepolicy.PDF
    • I've never thought they were reliable enough and stories like this just confirm what I thought. Tesla owner says car in ‘full self-driving mode’ failed to detect a moving train WWW.AOL.CO.UK The close-shave in Camden, Ohio, was captured from multiple angles by the car’s cameras  
    • Hi,  I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence, a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable. b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided. c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC. d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content. Thanks again for any help.
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First plus loan for everest windows and a charging order - can i now Cca?


exasperated
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Thanks

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Hi 42,

Thanks for those kind words, I have started a new thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/230353-fp-settlement-figure-read.html

I have two problems with the solicitor

1) The timescales involved

2) Don't really know anyone with the required experience who could help.

 

Absolutely anything you can suggest would be greatly appreciated 42

Exasp

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Hi 42,

I will spend as much time as it takes, however long, to subtract anything I can within the law from these vultures.

I appreciate yours and anyone else's comments to help me do that.

Sincere thanks for your reply which brought some hope to this devastating reply

Exasp

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Try to keep your chin up Exasp, I know it isn't easy - these companies are absolutely disgusting and shouldn't be allowed to get away with this. But, as 42 man says, see what happens with the house sale and either way, you might still get the better of them yet!

 

Haven't read your whole thread you have linked, but will have a read of it tomorrow anyway.

 

Best wishes - try not to let them get you down.

Magda

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well i think its time for action rather than talking or writing here.

 

does the judgement on the CCJ say anything about interrest?

 

if it don't them you have them on that too & can reclaim it along with all the unlawful charges you must have.

 

if the ccj says nothing about interst then they can only take what is outstanding [not paid yet] from the CCJ [judgement figure]

 

i think thats correct.

 

not really my game

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Post,

The full story in brief is that we ordered windows for a house I shared with my wife, we then separated and I moved to another house which I purchased solely and bought further windows. Things changed due to certain matters and we ended up with four agreements for the two loans. That is where the replacement comes in.

This was discussed in a much longer thread which I will supply if you want but I confused myself because I was not aware they had four agreements as it only came to light under further investigation.

Thanks for your interest

Exasp

Here is the replacement agreement with the figures in...

 

 

 

 

 

 

FPCCAAG2NEW.jpg

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Hi DX,

Take on board you point that it is time for action, but the reason I post on here is that I am embarrassed to admit that I am uneducated in Consumer law. Therefore I have to post for advice on what to do as getting even with these vultures has taken priority.

Thanks for yor comments

Exasp

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Hi Magda,

The agreements are in order with the invoices supplied from Everest. The DN is defective but my problem is that if my house sale goes through the reasons for us to sell are scuppered because these vultures will take a large lump.

It looks like it will have to be that way as I won't have time for a set aside as we are expecting (subject to survey) to exchange this month.

As 42 said I am going to 'hammer' them after.

Thanks for your comments Magda

Exasp

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I really think you should get it set aside....and challenge, especially so in the light of the GMAC case...

 

Hi 42,

I have read all the info you sent and I cannot believe the number of people who have been put in the same situation as me by these companies.

As the old saying goes 'at least Dick Turpin wore a mask'

I would like to investigate further the unfair charges route and subsequent restitutionary damages if any but I must say I really don't know anything about reclaiming them or how it works.

 

I have some questions for you if you don't mind

  • What is the Gmac case
  • What is an unfair relationship test

Here is a copy of the CCJ, you will note that it is a fixed sum so from the information you supplied they won't be getting any more than that Judgement.

 

CCJ.jpg

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Hi Shadow,

Thats how they got the charging order I think that followed but in esscence yes that is correct

Thanks for enquiry

Exasp

 

Yes of course it is... sorry had my Wurzel thick head on there.

 

The judgment clearly has no interest mentioned as its a forthwith order and thus wouldnt attract interest, did you have anything regarding the charging order? Was this through the courts or did you agree a voluntary charge?

 

S.

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Hi Shadow,

No I fought it personally but had only been a member of CAG for a few days so went to the hearing under my own steam. I have quoted this before but the first thing out of the judges mouth was 'do you owe this money' to which I replied yes but, no buts he said and granted them the order.

At that time they had supplied me with no paperwork and although that has surfaced since the fact was at that time they should not have allowed it.

It still rings in my ear every day that judges comments:-x

Thanks

Exasp

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Hi Shadow,

No I fought it personally but had only been a member of CAG for a few days so went to the hearing under my own steam. I have quoted this before but the first thing out of the judges mouth was 'do you owe this money' to which I replied yes but, no buts he said and granted them the order.

At that time they had supplied me with no paperwork and although that has surfaced since the fact was at that time they should not have allowed it.

It still rings in my ear every day that judges comments:-x

Thanks

Exasp

 

Ok, do you have the judgment from that charging order hearing as you've posted the original judgment in default from the original trial, just want to see if interest is mentioned on the charger order judgment.

 

S.

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Hi All,

Just spoke to the 'boss' and after a severe bout of tears it appears we are in a proper dilemma as it maybe that the house sale may have to be put on hold. This leaves us in the unbearable position we are in without any escape.

Therefore my question is does anyone know a way of negiotiating a better F&F from these people bearing in mind the timescales involved? thus enabling the sale to go ahead

Whatever is reduced from this F&F via a suggestion from this site, a good portion will be given back to this site to enable others to benefit and hopefully not suffer as we have done (subject to the house sale)

Any posts are sincerely appreciated as usual

Exasp

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Hi Exasp, hopefully you will get some other comments as well, but to be honest, if you aren't going ahead with the house sale, you are probably better going for the set aside, depending on how strong a case you have. I can't see why they would agree to a full and final as they have a charge on your property and therefore stand to get back the full amount they want, if not challenged. Don't mean to be doom and gloom, just these companies are not out to do anyone any favours. I think they are usually keener to go for full and final when they know they have an unenforceable agreement and hope to recover something back rather than get nothing at all.

 

Sorry can't be any more help, I know it must be really difficult at the moment trying to decide what to do next.

 

Magda

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