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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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Statue Barred Debt -- JB Debt Recovery


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Can somebody help me please.

 

I have come home to find a letter from JB Debt Recovery stating that i owe £3xxx from Hillesden Securities (Formerly Egg).

 

I am quite miffed at this, as 2 months ago i sent a Statue Barred letter to Ruthbridge who were chasing the debt, and i had no word from them since, until today i get this letter.

 

The last payment on this debt was in 2002 .. 100% Fact. Ruthbridge knew this, and have passed this on.

 

So i am mad this morning and i ring JB Debt Recovery to ask what the hell is going on. The guy says you own this money, end of story. I say when was the last payment made to this debt, or written letter by myself ?? 2002 sir. So i say well then this debt is staue barred, and they have no legal right to send throtograms through the mail saying they will make me bankrupt ect, ect.

 

"You are speaking to a legal advisor sir, This devt is not Staute Barred" We (JB Debt Recovery) have bought this debt and therfore it is no longer statue barred and payment is needed in full today".

 

Please advise me, Once statue barrerd, it can never become un barred, and if a company buys a debt, the clock does not reset again.

 

He says i need to seek some legal representative as i will be humiliated in court if i say it is statue barerd.

 

So again to clear this up, last payment to this debt was in Febuary 2002, and no payment or letter in writing by myself since then.

 

Hope somebody can give me some advice on this matter please.

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Can somebody help me please.

 

I have come home to find a letter from JB Debt Recovery stating that i owe £3xxx from Hillesden Securities (Formerly Egg).

 

I am quite miffed at this, as 2 months ago i sent a Statue Barred letter to Ruthbridge who were chasing the debt, and i had no word from them since, until today i get this letter.

 

The last payment on this debt was in 2002 .. 100% Fact. Ruthbridge knew this, and have passed this on.

 

So i am mad this morning and i ring JB Debt Recovery to ask what the hell is going on. The guy says you own this money, end of story. I say when was the last payment made to this debt, or written letter by myself ?? 2002 sir. So i say well then this debt is staue barred, and they have no legal right to send throtograms through the mail saying they will make me bankrupt ect, ect.

 

"You are speaking to a legal advisor sir, This devt is not Staute Barred" We (JB Debt Recovery) have bought this debt and therfore it is no longer statue barred and payment is needed in full today".

 

Please advise me, Once statue barrerd, it can never become un barred, and if a company buys a debt, the clock does not reset again.

 

He says i need to seek some legal representative as i will be humiliated in court if i say it is statue barerd.

 

So again to clear this up, last payment to this debt was in Febuary 2002, and no payment or letter in writing by myself since then.

 

Hope somebody can give me some advice on this matter please.

 

Utter tosh but stop talking to them on the phone ;-)

 

Send off the stat barred letter, if you have not acknowledged (in writing) or made a payment on that account in a clear 6 year window it is stat barred and will NEVER become un-barred.

 

If you keep things in writing they cant make stupid comments like the above one. ("You are speaking to a legal advisor sir, This devt is not Staute Barred" We (JB Debt Recovery) have bought this debt and therfore it is no longer statue barred and payment is needed in full today".)

 

You could try complaining to the OFT about this company also but without it being recorded its you vs them.

S.

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Right from Gordon Browns own lips (mind he's the worlds biggest liar):

 

IHTM28384 - Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

 

 

 

 

Under the Limitations Act 1980 the time limits are

  • in simple contracts, 6 years
  • in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Unless it is already subject to a CCJ, or you live in Scotland.

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In fact, thats made me angry.. complain anyway to the OFT and ask for JB debt recovery's complaint procedure in the same letter as the stat barred one.S.

 

Made you angry!:-x

 

Another DCA added to my list of baiting :)

 

I know that it is easy to say in hindsight, not to ring these clowns, but you have to give it to the new CAGgers, all they have done is what the idiots have told them too, if they don't, then by midnight the DCA's will 100% have stolen their doorsteps and incarcerated them!

 

Completely unlawful, and further evidence of these Muppet's illegal extortion racket, as there is no organisation with any backbone prepared to reign them in, once again it is left to CAG, and in the hope that all of these complaints might somehow have an effect on this corrupt racket!8)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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:Dand me,pmsl at what we see.

 

stop laughing when I think of all them we do not see or know about,the ones that do not know there rights and are conned into struggling and paying:-x or worse.

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What's worrying is that JackFrost1989 knew it was statute barred but the DCA was still able to put doubts in his mind. Just how many people do they do this to every day and get away with it; it makes me shudder to think. And the authorities know they do it and turn a blind eye. It really is corruption at the highest level methinks...

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sam624, really sorry to hear that. That's why it's important to post letters once - in the template bit i guess - and i guess try and avoid pm's if at all possible. i have seen sign offs saying "Do not PM me I will not respond" but when you want to help that must seem harsh!

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usually a newbie who has read a post where i have been thanked for helping get rid of.

 

they either are never seen on cag again.

 

on thank me in pm and do not post outcome on their thread to update other caggers,or give hope to anyone new reading a thread thats similar to their problem.

 

will respond to pm and help anyone i can,if i can,:)

and get a perverse satisfaction if its another kick for lowell/red/hampton bunch

or in fact any **** DCA.

 

SAM

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What's worrying is that JackFrost1989 knew it was statute barred but the DCA was still able to put doubts in his mind. Just how many people do they do this to every day and get away with it; it makes me shudder to think. And the authorities know they do it and turn a blind eye. It really is corruption at the highest level methinks...

 

 

It's an old trick. In interrogation, tellng the subject that someone else has already implicated him, or hinting that the interrogator knows more than he really does know can be most effective when used carefully, using snippets of genuine information rather than lying. However, many subjects will ultimately tell the interrogator something (usually what he thinks the interrogator wants to hear), because they think it will end the interrogation.

 

In the same way, DCAs, playing on most people's lack of knowledge of the law and their rights, seek to make people uncertain of their position by using lies and threats from the outset, and many will pay them just to make them go away.

 

Whilst all of this is a good reason, if one were needed, for not speaking to DCAs on the phone, there were several opportunities in the conversation to turn the tables so that the drone would end the conversation.

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What's worrying is that JackFrost1989 knew it was statute barred but the DCA was still able to put doubts in his mind. Just how many people do they do this to every day and get away with it; it makes me shudder to think. And the authorities know they do it and turn a blind eye. It really is corruption at the highest level methinks...

 

For some reason the press and authorities dont seem to publicise the 6yr rule anywhere. Its left for people to find CAG or similar sites 4 advice.

 

S.

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