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    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn?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
    • OldVWMK1
      Markerstudy - Other driver fled the scene

      By OldVWMK1 · Posted

      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.    
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      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
    • Man in the middle
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By Man in the middle · Posted

      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!).    
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Invalid Default Notices

Pinky69

By Pinky69
in Debt Collection Agencies

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welshperson3

welshperson3

Posted
Posted

hi BRW

 

Plenty of valid points raised there and i understand were you are coming from with the idiot guide about people following it blindly and not understanding what they are doing.

 

The same can be said about much of the litigation that goes on around this site there are people who start litigation and don't know what cpr is, but they get help and they get stage by stage help and more often than not get the result they want.

 

My point about the acceptance letter is that this is pre litigation and if you get it right at this stage then it has the possibility of stoping it going to litigation.

If it goes to court then at least the paperwork is right for this part.

 

The basic form of this is two parts

1 accept the rescission

2 tell then that as the contract is over then so are they're rights to process your data

 

The point you make about not telling them how to put the DN right

most of the company's that we see on here that are issuing the faulty DN are banks building society and credit cards.

 

these are multi billion pound company's that at the time of writing up the DN didn't pay enough attention to detail when they start to reallies that a faulty DN can be terminal then they are going to pay it a lot more attention

 

at this point i find it hard to believe that such big company's are going to have some guy surfing the net trying to find out to fix the problem of a faulty DN.

Eureka he finds cag and saves the company.

 

This is how i think it will go

Bank gets more and more cases going to court on the DN issue,

Bank gets p****d **f calls in the barristers

They research CCA and case law and then come out with a all new DN

 

WP3

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welshperson3

welshperson3

Posted
Posted

The barristers will get all the info of what is wrong by looking at what has gone thro court .

 

if you really think that they are going to be looking on cag for the answer to a multi million pound problem and take what you me and every other Jo blogs think then you really are thinking to hard

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diddydicky

diddydicky

Posted
Posted

The reason that the creditors don't particularly care for the accuracy of their DN's is because to them it is all a "numbers game"

 

the amount of caggers and other sites breeding LIP's to fight them is but a pimple on a dimple on a fleas left ball!!

 

they send out 10,000 DN's 5,000 people pay up or come to an arrangement out of fear (and because they dont know about sites like this)

 

4750 dont respond because they are skint and the creditor goes on to get a CCJ by default

 

250 are caggers and the like

 

until the odds shift considerably against them, i venture to suggest they are quite happy with these odds!!

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welshperson3

welshperson3

Posted
Posted
The reason that the creditors don't particularly care for the accuracy of their DN's is because to them it is all a "numbers game"

 

the amount of caggers and other sites breeding LIP's to fight them is but a pimple on a dimple on a fleas left ball!!

 

they send out 10,000 DN's 5,000 people pay up or come to an arrangement out of fear (and because they dont know about sites like this)

 

4750 dont respond because they are skint and the creditor goes on to get a CCJ by default

 

250 are caggers and the like

 

until the odds shift considerably against them, i venture to suggest they are quite happy with these odds!!

 

I agree with that Dicky

It is only when the snowball grows that they will do something about it exactly what happened with bank charges

 

If the CMC start pushing faulty DN then it wont be long before a faulty DN becomes an endangered species

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humbleman

humbleman

Posted
Posted

 

at this point i find it hard to believe that such big company's are going to have some guy surfing the net trying to find out to fix the problem of a faulty DN.

Eureka he finds cag and saves the company.

WP3

 

You will be surprised.

 

CAG has done more to educate some of these companies than their in house training programme in respect of the CCA.

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Basil Fawlty

Basil Fawlty

Posted
Posted

Will copies of DN's be shown in a Subject Access Request?

 

I have had Formal Demands for the full amounts for two BC accounts but have not been sent any DN's (or if I have, they've been lost in the post....they would have been sent around the time of the postal strike late last year).

 

BF

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Dotty50

Dotty50

Posted
Posted
Will copies of DN's be shown in a Subject Access Request?

 

I have had Formal Demands for the full amounts for two BC accounts but have not been sent any DN's (or if I have, they've been lost in the post....they would have been sent around the time of the postal strike late last year).

 

BF

 

Hi Basil,

 

I don't believe they keep copies of them from what I have read on others threads.

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MandM

MandM

Posted
Posted

Couldn't agree more BRW.

 

There is already an 'idiots guide' if the donut banks/DCAs could be bothered to read it (Enforcement, Default and Termination Notices Regs 1983) but apparently some of the words are quite long so they don't bother :)

 

M

 

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MandM

MandM

Posted
Posted
Will copies of DN's be shown in a Subject Access Request?

 

I have had Formal Demands for the full amounts for two BC accounts but have not been sent any DN's (or if I have, they've been lost in the post....they would have been sent around the time of the postal strike late last year).

 

BF

 

It's more likely that you will get a copy of a template of a DN which was supposedly sent out, and a copy of a screenshot on a PC confirming when it was issued and by whom. Actual copies of DNs sent out are rarely kept.

 

M

 

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lookinforinfo

lookinforinfo

Posted
Posted
they should be in a reply to a SAR if you have asked for all information held on you, but company's are very selective on what they think they can get away with sending, different company's send out different info in they're reply but i don't think any company sends it all.

 

DNs should also be in CCA requests where they are mentioned in T&Cs when borrower is in default.

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redsue

redsue

Posted
Posted
Would you mind popping over to my thread for advice on a DN that's not a DN :confused:

 

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-10.html#post2743043

 

I would like opinions on a 'Defaulted Acc' (no prescribed terms on CCA) but no DN actually sent or received.

 

Thanks so much :)

 

Can anyone help please?

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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shinobi101

shinobi101

Posted
Posted
they should be in a reply to a SAR if you have asked for all information held on you, but company's are very selective on what they think they can get away with sending, different company's send out different info in they're reply but i don't think any company sends it all.

 

That's why when you send the SAR, you specify that you want everything, including DN, CCA etc.

 

Anything they don't send, you ask once more then complain to the information commissioner.

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