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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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Hi guys

 

I hope you can help me.

 

Recently I was involved in an RTA on my motorbike. The police said at the time it wasn't my fault. The driver of the car scarpered and was untraceable. The police have closed the case.

 

I am third party fire and theft on my insurance policy. Excluding commuting.

 

I therefore have been advised that I can't claim on my insurance for the damages. (apart from the MIB but that's a separate thing)

 

On the day it happened I was riding to university. I did not realise at the time that this counts as commuting (nor infact that I wasn't covered for commuting).

 

When I asked the claims lady at the insurance company about this she said "oh that doesn't matter, you're not making a claim, just make sure that you sort it out before you ride again". I'm not sure if I trust this though...

 

I also looked more carefully through my docs - there are a few other errors (1.I don't rent, I live with my parents , 2. i have use of a car (my own, in my name) where the policy says I don't. 3. I'm now a student (i was employed at the time of the policy but went back to uni). These errors were an honest mistake. I used one of those comparison sites to get the quote, which isn't really an excuse because it is my own fault that I didn't properly look through my policy when it arrived.

 

I will not ride the bike again until something is sorted out.

 

My question is, what are the insurers likely to say when i present them with all these errors on my part?

 

Do you think that there is any chance the insurance company will sting me for commuting when I wasn't covered for commuting (retrospectively and even though I am not making any claims nor are there any claims against me)

 

Thanks guys.

Edited by worried5678

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Hi there.

 

Can't you consider these 'errors' as up-dating your circumstances on your policy? In any event, I would contact your insurers and give them this 'new info' such as going back to uni ect.

 

As for the 'excludes commuiting' but, why would you have such a restriction on your policy in the first place? Again, you should clarify this with your insurers and if possible get this restriction lifted because I would imagine it could mean that 75% of the use of your journies would not be covered by your policy. How many times do you use your bike for any other activity other than commuting?

 

As far as your RTA is concerned, you should be able to claim via the MIB as you have mentioned.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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As for the 'excludes commuiting' but, why would you have such a restriction on your policy in the first place? Again, you should clarify this with your insurers and if possible get this restriction lifted because I would imagine it could mean that 75% of the use of your journies would not be covered by your policy. How many times do you use your bike for any other activity other than commuting?

 

When I was full-time employed I didn't use my bike for commuting, but then i changed to being a student. On the day of the accident I used my bike to get to uni (forgetting that uni counts as commuting) as I was going to show the bike to someone who wanted to buy it.

 

I am aware that I would be unable to claim for the accident should it have been my fault... what I'm wondering is would the insurance company tell the police that i was commuting even though i wasn't really covered for this?

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Premiums are calculated on a variety of factors, the most common been age, driving convictions, use of vehicle, postcode etc.

 

Insurance companies use statistics to identify who is more likely than who to have an accident, so the answers you give at the time of the proposal form the basis of your contract.

 

Someone who uses a vehicle for SDP (social domestic and pleasure) use will not be on the road as much as someone who uses it for commuting to and from work, and in turn they won't be on the road as much as someone who uses it for commercial travelling in connection with their job (ie business use).

 

So, the lady at your insurance was correct in what she told you, it didn't matter on this occasion since you are not making a claim, but it is something you need to sort out.

 

I'd start by ringing your insurance company and tell them that your circumstances have changed, that you are no longer employed but a student, ask them if travel to and from uni is classed by them as commuting (some insurers only class commuting as travel to and from work).

 

Giving the correct information now to your insurers probably wont affect your premiums by much (if by anything), and then you know you are safe to ride your bike again.

 

Since the purpose of the journey you had the accident in was to show someone your bike, it can only be classed as SDP use anyway so don't worry about that, also it's very very unlikely your insurers would inform the police that you were using the vehicle for commuting and therefore technically not insured, the only time that would be likely to happen is if it was investigated as part of an ongoing enquiry to a serious incident (ie you kill someone or seriously injure them etc). Since the police have checked your insurance details and closed their file as other driver untraced then it's done and dusted.

 

You now need to pay for your bike repairs

 

Claim from the MIB for injuries

 

Tell your insurers about the changes/differences.

 

Mossy

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I've phoned the insurers and everything is up to date. no price change. They didn't mention anything about the accident the other week.

I have learnt a very valuable lesson, readthe bloody policy when it arrives in the first place!:-|

 

Thanks for your help Mossy and sailor sam

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