Motorbike insurance cancellation fees & Close Finance

[lukebolger]

Hi guys!

 

Well - up until september I had a motorbike - and when I sold it I rang to cancel the insurence, they said I had to pay a £40 cancelation fee - so I told them to get lost and just pulled the direct debit because I wasnt told when I signed up with them that there would be a cancelation fee. It was a telephone agreement.

 

Anyway - I got a letter from the FINANCE company of the insurence broker

 

Here is the original letter!

 

Notice of Default

 

IMPORTANT - PLEASE READ THIS CAREFULLY

 

Dear Sir/Madam (IM A GUY COMON!!!)

 

Re: Insurance Premium - Close Premium Finance Account No: *************

 

We are writing in relation to your obligations under clause 3 of the Agreement dated 29th-Apr-2009 to make minimum monthly payments to Close Brothers Limited (FIRST I'D HEARD OF CLOSE BROTHERS! THOUGHT MY INSURANCE WAS WITH BENNETS!) in order to repay amounts outstanding under the Agreement(why is Agreement in caps????). We have not received your payment(s) for 25-Nov-2009.

 

This is now overdue and your failure to pay is in breach of the Agreement.

 

You have until 16-Dec-2009 to remedy this breach by the payment of all sums due and owing to Close Brothers Limited under the Agreement at that date, which will be £ 40.89. This includes a charge of £20 to cover our administrative expenses. (WOA THATS SOME EXPENSIVE PAPER!!)

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION BELOW MAY BE TAKEN AGAINST YOU. (OOH THEMS FIGHTIN WORDS EH)

 

This notice is served under section 87(1) of the Consumer Credit Act 1974 (the Act), in relation to a Close Premium Finance running account credit agreement between Close Brothers Limited of 21st Floor, Tolworth, Surbiton, Surrey KT6 7EL and yourself/yourselves dated 29-Apr-2009 (the Agreement)

 

We will terminate the Agreement and demand early payment of all balance on the account. We may enforce our security by canceling your insurance policy (LIKE I CARE IVE SOLD THE MOTORBIKE!) as set out in the attached schedule, and applying any rfund of the premium in satisfaction of your obligations under the Agreement.

You will be liable for any shortfall on your account.

 

Insurer Axa Insurance Company Limited - Cover type Insurance - Ref *************

 

If you are not sure what to do, you should get advice as soon as possible for example you should contact a solicitor, your local trading standards department or your nearest citizens advice bureau.

 

If you have any difficulty paying any sum owning under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing your more time.

 

Yours faithfully

 

Close premium Finance (there is a signature here but no name?!)

 

 

 

HERE IS MY RESPONSE -

 

Close Premium Finance,

 

I Luke Bolger, a living soul agent for the entity MR LUKE BOLGER, do declare the following to be true and correct to the best of my knowledge with God as my witness.

 

I am in receipt of your notice dates 02 December 2009, ref: Notice of Default ********* addressed to the legal entity (all caps fiction) MR LUKE BOLGER regarding an outstanding debt in the amount of £40.89 plus £20 in charges.

 

I conditionally accept your notice of alleged debt upon receiving the following:

 

1. Proof of debt, Validation of the actual debt (the actual accounting)

2. Full disclosure of the alleged debt. (a lawful requirement of any contract)

3. Verification of your claim against me (a sworn affidavit).

 

You are obliged to send me a TRUE COPY of the EXECUTED AGREEMENT that contained all of the prescribed terms, all other 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 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 the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before the account enters into default situation.

 

it may be wise to consider the following terms of a lawful contract.

1. Full disclosure (we are not told that we are creating credit with our signature)

2. Equal consideration (they bring nothing to the table, hence they have nothing to lose)

Lawful terms and conditions(they are based upon fraud)

Signatures of the Parties/Meeting of the minds (corporations cannot sign because they have no right, or mind, to contract as they are legal fictions)

 

I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability. Due to the urgency and seriousness of the allegation, I will give you 14(fourteen) days to respond. If I do not receive such a response confirming to the above criteria within fourteen days of the date of this letter, it will be deemed a tactic agreement by your aquiesence that the debt is null and void and non-existent.

Sincerely

 

Luke Bolger

 

 

 

 

Here is their response which completely ignores all my requests!!!

 

Dear Mr Bolger

 

Close Premium Finance Account **********

 

Thank you for your letter.

 

As this agreement was set up with your broker Bennets as a Telesign Agreement, we do not hold any Credit Agreement or paperwork that we are able to disclose to you. When you entered into this agreement, you will have verbally been taken through the terms and conditions with your broker.

 

Legally, your broker is bound to record these calls and as such, your query will need to be directed at Bennets who are contactable on 08703......*. Bennets will be able to supply you with the information you require.

 

I hope this addresses your concerns, however, should you wish to discuss further please contact me on 0845......

 

Your sincerely

 

Stuart Dalmedo

 

Senior Advisor Personal Lines Administrator

 

MY REPLY -

 

Notice to CLOSE PREMIUM FINANCE (CORPORATION/LEGAL FICTION) on December 14th 2009.

 

In reference to your letter (CLOSE PREMIUM FINANCE ACCOUNT 5001920289-01) in reply to my letter (Registered royal mail number DV 621477110 GB) sent to you on the 4th of December 2009.

 

The Broker in question, Bennetts, is YOUR broker not MY Broker, as Bennetts are selling or representing your product and/or services and must be joindered to you and or your agents by a chain of contract or agreement, additionally as you are alleging a claim against MR LUKE BOLGER it is for YOU to present the evidence, including the evidence from YOUR broker Bennetts to support your claim. Failure to present proof of claim within the time specified will be deemed a tacit agreement by your acquiescence that the alleged debt is null and void and non-existent.

 

 

If you continue to communicate with MR LUKE BOLGER after the deadline having failed to present proof of your claim within the timeframe specified in my previous communication (Registered royal mail number DV 621477110 GB), you will incur administration charges of £250 per hour for any work generated by your engagement of MR LUKE BOLGER's resources, this will result in an ad hoc invoice being sent to you for payment in full before any response from MR LUKE BOLGER is released to you.

 

 

NOTICE: MR LUKE BOLGER reserves the right to take legal action or engage a debt collection agency in order to collect on invoiced parties that fail to pay their debts. Please be guided accordingly, you have been Noticed.

 

Luke Bolger

 

AT THIS POINT THEY SENT ME A LETTER saying my account is closed and they (the insurance financier) havnt chased me up for the fraud, i mean debt. So that battle was won! GREAT! BUT

 

I received a letter from the actual broker just a few days ago basically saying I owe them over £200!!! How I have no idea!?

 

So I have sent them a copy of my first letter to the actual finance company -

 

How can the broker think I owe them money! Now they have said that they have passed my case to a DCA!

 

HELP!!!

 

Here is their letter to me (THIS IS THE FIRST I HAVE HEARD FROM THE BROKER - ALL OTHER LETTERS WERE FROM THE FINANCIER!)

 

BENNETS

 

POLICY NO.***************

 

Insurance for your Kawasaki

 

Cancellation Notice

 

Dear MR BOLGER,

 

As we have not received payment of your outstanding balance of £213.96 (THE HELL!!?MINE), we have no option but to cancel your insurance policy.

 

Please accept this as formal notice that we are canceling your insurance policy. In the "General Terms" of your policy documents, we commit to giving you seven days notice of cancelation in writing. This means that the cover under this policy will end at 12pm on 13/01/10

 

The road traffic act (theres one of those "acts" again!MINE) you must return any certificate of motor insurance you have for this policy.

 

Please call us on 8******* to arrange payment. If we dont hear from you we will pass this matter to a external agency who will take further action against you to cover the amount due.

 

Customer Service Department.

[HP Mum]

I would take your name off every post.

Caution is best - never know who is reading....

[lukebolger]

I don't care who is listening I have nothing to hide and even if they had heads up on my reply it will serve them no advantage thanks tho

[lukebolger]

bump