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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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natalie

Natalie v NDR

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Already CCA'd them, heard nothing back and the 12 +2 working days is up.

 

Do I wait for the 30 days to expire or send them Account in Dispute letter now?


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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They only have 12+2 working days now. I think the extra 30 days was removed some time ago. Send them this account in dispute, edit everything in RED to suit your needs, DO NOT SIGN IT and send it Recorded or Special Delivery.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully


:cool::cool: Blondmusic :cool::cool:

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I still have not heard anything from NDR with regards the CCA, however, today I received a statement from them, and they have taken the £1 as a payment.

 

I wrote on the back of the postal order that it was for a CCA and stipulated in the letter what it was for.

 

What do I do now? Send them another one?


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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nope account now in dispute and they have no right to ask for payment or enforce debt until they comply

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