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    • dx100uk - thank you for your advice.  I will send a SAR to Vanquis and really appreciate all the help on here.   I may have read your last sentence in the way that it was not intended but it has came across very judgmental and not helpful.  I have came on this site for some help, not to be judged.  If that was not your intention then I apologise as I realise text can be read in the way it was not intended.  
    • . I'm sorry but this is not correct. There is a very long established rule that you are required to exercise utmost good faith (uberrima fides) when becoming a party to any kind of insurance contract. This means that you have quite a strict duty to accept responsibility for disclosing any information which a reasonable person in your position might understand could materially affect the risk. I can imagine that the interpretation of this rule would not be applied quite so strictly to a very new and young driver – but the more that one has been driving and the more insurance policies one has held, then I think that the stricter  this rule becomes. It is also well established that one can misrepresent something simply by withholding information – by silence. I'm sorry to say that I think that this rule and the value of it is so self-evident that it is scarcely worth discussing. I wouldn't start raising this issue if I were you with insurers or the courts because you will come away with a bloody nose and loss of credibility
    • @unclebulgaria67 your point is particularly valid especially in regards to loss in the event of a claim. Irrespective of 2x SP30’s or not the vehicle is insured for its full market value. The insurers rating changes based on risk against those endorsements, where said risk calculation isn’t made available.    Also I question the validation of 22% in premium. Is that based on today’s risk profiling, or is that applied retrospectively to day 1 and can that be evidenced.    One thing that is very clear, is that to bring about any degree of misrepresentation the insurer has to have evidence that questions were asked in regards to the endorsements.   This was an auto renewal and when I’ve checked the Brokers electronic Copy on “My Policy’ at renewal, there is no section included relative to accidents in the last 5 yrs or Motoring convictions. Everything else relative to me and the named driver is listed. 
    • Here is what exposes Johnson & Co Commission document, makes for sober reading   Wonder if Snake Oil Singham has read and digested it?   https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/com_2020_324_2_communication_from_commission_to_inst_en_0.pdf
    • Must be a positive if the Insurers are now using the legislation as it was intended. It is just that I have not heard of it being used for Car Insurance, as the 22% comes from the Insurers rating calculations, which is not available information to the Policyholder. With Home Insurance, if you Insured a Building for £100k, when it should have been Insured for £122k, it is easier to grasp.   The Insurers would have issued the policy documents clearly showing that no motoring offences had been included within the premium calculation and the OP has had 5 months to correct the record with Insurers before the accident.   Perhaps probe the Insurers on the 22%. Can they provide evidence from their Underwriting rating guidance that this is the extra premium for 2 SP30's.
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HULLCITYMASSIVE

Catalogue Credit Agreement

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Hi Guys

 

Just want to pick all your well informed brains!

 

Had a catalogue account for about six years, bought and paid off stuff in that time. Bought a TV and washer last year on the account, and have gone into arrears just recently. They have now passed it on to a DCA.

 

My question is would I be able to go down the road of an unsigned credit agreement with this. I know I wouldnt have signed an agreement originally, but the goods I have purchased were only last year. As I have heard a lot about things being written off pre-2007 (I think), I wondered if that applies to when the account was taken out, or when the goods were purchased.

 

I am totally new to all this and want to, but am very nervous about going down the road of asking for a signed credit agreement etc with these DCA's who I know can be a nighmare.

 

I have also read that if you have made payments towards something, this is classed as acknowledgment of debt and I would have to pay up.

 

Any help/ideas/suggestions would be greatly appreciated. And please dont blast me with all the legal jargon I have read on some threads, as it goes right over my head!!!

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Hi there, just to clarify the pre-2007 issue; the Consumer Credit Act 1974 was revised in 2006. The revision, amongst other things, removed the need for a signed agreement for the agreement to be enforceable. This came into effect in April 2007 for all new agreements signed from this point on. It doesnt apply to agreements signed before 31.03.07, those agreements still need to be signed & have all the prescribed terms on them to be enforceable.

 

If you are going to try & take on a DCA down the CCA route you are going to need to do some background reading in the forum. The library has a bunch of really good templates for every eventuality. Read other people's threads too; lots of people are facing the same thing & are (successfully) taking on the bully boys.

 

Whatever you decide, good luck!


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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Send them http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter recorded delivery including a £1 postal order...print your name do not sign it.

 

When you get it back, scan it & remove any identifying details & post it up & we'll advise from there.

 

They have 12 working days to provide you with the CCA, if they fail to do so you can legally dispute the a/c & withold payment.

 

If you've had this a/c for six years it is unlikely that they'll be able to provide a CCA. but not totally impossible. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

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