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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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Lloydstsb going for CO **LOST**


1littleduck
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Hi all. I contacted Lloydstsb for a copy of my agreement, and received the following. Now as I have read it, it seems to say that they dont need to supply one and the law has changed. Can anyone help with this please.

http://i534.photobucket.com/albums/ee344/gangsta_caz/Ll1.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/ll2.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/ll3.jpg

 

Thanks.

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The acts haven't been changed

 

Write back and ask them how the documents that they have sent can be true copies (which must be copies of the original executed agreement rather than a conjectured reconstruction) when they admit that they haven't located the original.

 

they have to supply the T & Cs as well, from the time of the agreement

 

I think that ltsb aren't giving the full picture of their obligations.

 

Why did you do this in the first place? Are you having difficulties?

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All they have sent you is there standard response to CCA requests, the law hasn't changed and they know it. They are in breach of the CCA request as they haven't yet supplied you with a 'true' copy of the agreement, therefore after the 12+2 days you can withhold all payments until such time as they do supply it.

 

If you are still banking with them, now would be a very good time to open another bank account...

 

Boo;)

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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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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  • 2 weeks later...

awwww, Thanks all. I have 4 agreements with the Lloydstsb, and they have all sent the same thing..

Should I write to them and offer them a token payment of £1.00 as I am unable to pay anything at the moment as I am un-employed.

I will of course ask again for the copy of my origional agreement. :)

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Hi.. yes they sent the terms and conditions, a statement of account and the following letter.

http://i534.photobucket.com/albums/ee344/gangsta_caz/Ll3-1.jpg

I have alot of financial problems.. one account with nationwide.. but that has gone to court and has been stayed because n/w did not respond to the courts, and this has just been left.. I have not heard from them in 6 months.

Another account is going to court at the end of November, which I will post up all the details next week.. I am considering getting a solicitor or someone to help me with this one. I am un-employed and they have been not very nice at all.

then I have 5 lloydstsb, and egg loan, and hfbc card.. the last one is the only one which I think complies with the law.

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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161804-nationwide-taking-court-action-7.html

This is the link for the nationwide, which I received loads of very good advise for. I know all of the companies deal with people very differently, and n/w were another that was not very helpful.. they seemed to want blood and couldnt care less about your situation.

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Hi 1littleduck :)

Sorry to hear about your problems.

I agree with the above excellent advice. Another thing that comes to mind is whether there are likely to be any unfair penalty charges (late payment fees /overlimit fees etc) on any of the Lloyds accounts?

If so for 1 £10 Postal Order (which I know is a lot on UB :( ) you could send a SAR to Lloyds for all 5 accounts, so you know exactly where you stand with them. This is also another route for getting them to either produce the CCA or admit they can't..you need to include it in the request.

The link to the SAR template letter is below, amend to suit if you decide to go for it.

All the best with your fight!

Elsa xx

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Hi Undercover, can I send just one £10.00 for all of the accounts, and if so, where would I send the letter... 2 of the accounts are loan accounts and the other 3 are credit cards.

I have started another link with all the HFC marbels stuff on.. thats the one who is taking me to court at the end of November.. Just wondered if it was worth my while going to get some help from someone.. to go to court with me. I will post the link up.. so sorry to be a bother to you all. and I am really grateful for you help. :)

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aww, I have just answered this question.. I have read the template and it is £10 each... omg thats £50... :( I guess I will do them one at a time.. :) When I put the curser over the explanation of the subject request, it will not stay open long enough for me to read this, and if I click it, it send me to the home page, any sugestions?

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Hi,

 

If you click on the second link in Undercover-Elsa's signature, you'll find one there.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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  • 4 months later...

Hi all.

I am being taken to court by Lloydstsb.

The loan account is a personal loan and is unsecured.

I have requested a copy of my agreement, which has been sent to me..

The only thing I think may be missing is that there are no signatures at all on it.

I have to put my defence in on Monday..It was received a while ago, but due to illness I have just managed to look at the paperwork.

I have uploaded the agreement, if someone could have a quick look and advise me on my defence..If I have one at all.

Thank you.. sorry for such short notice :(

 

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb01.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb02.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb03.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb04.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb05.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb06.jpg

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I have just read the 'your rights to cancel'...

It states that I have the right to cancel the agreement on the day after submitting the agreement signed by you to us by clicking the 'confirm' button below...

Is this the signatures that are required by law?.. If so, then there will be no point in putting in my defence, and just taking the ccj.

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  • 1 month later...

Hi all..

Another one taking me to court.

Lloydstsb..

I have attached their responce to my CCA request, and todate, although they have issued court procedings against me, they still have not supplied a copy of my agreement.

Could anyone please tell me if they still have to supply...not eith the origional but at least a copy of it.

http://i748.photobucket.com/albums/xx125/1littleduck/tsb3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/tsb2.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb.jpg

 

I have until the 24th March to put in my defence.. I was going to use the one I sent to the nationwide, but make a few alterations.. can anyone advise me if this is the right thing to do.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161804-nationwide-taking-court-action-3.html

 

I have quite a few default notices from them, but without the agreement are they needed?

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