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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help Please! House flooded -Insurance void?


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Just had a phonecall from financial ombudsman saying that Lloyds Tsb Insurance have agreed with their decision that my policy was Mis-sold to me in the first place and have agreed to look at my claim as a fresh claim subject to their terms and conditions? and have agreed to pay 8% interest if claim is settled? they have also agreed to waive my premiums which were returned to me in full (£256) on cancellation of my policy in 2010 as a gesture of goodwill for suffering caused? and the Ombudsman have sent me a settlement form to sign and return to agree to this settlement?

My question is does it sound fair and what is my next move?

Ive never done anything like this before so want to get it as right as i can? Thanks

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Sounds like Lloyds TSB Insurers will be dealing with the claim, as if you were covered by the policy. i.e as if you were normally resident. They will look at the claim in regard to normal t&c's. So if you were owner/occupier and there was no issue regarding the claim event, they will pay out on the normal basis. In addition, they will add to 8% to the settlement value and have waived the premiums.

 

Sounds pretty good to me. As long as the property was not unoccupied for more than the number of days stated in the policy, at the time that the water damage occurred. Most policies will exclude water damage claims from leaks, after 30 or 60 days of consecutive unoccupancy. Unoccupancy, means no one was living in the house i.e sleeping there, for 30 consecutive days before the leak occurred. Be careful what you say, if you are visited by a new assessor employed by Lloyds TSB Insurers. They could ask about how the house was equipped to support someone living there within the 30 days before the damage occurred. i.e were there beds, cooking equipment etc. If there were no beds, it would suggest that it was unoccupied throughout the whole period and the claim would not have been admissible anyway. If you have any recordings or transcripts of your phone call when you made the claim, see what you said at the time. You don't want to contradict anything you said at the time, by saying the opposite. This happened nearly 2 years ago, so you may not remember, so give information that you believe to be true, based on your memory, if you are unsure.

Edited by unclebulgaria67

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Thanks Unclebulgaria-I dont have any recording of the phone calls that took place at the time of my original claim so it will all have to be from memory?

I remember saying that the house WAS unnocupied but for not longer than 2 or 3 weeks and that i was returning to the house maybe twice a week to check on things as it was up for sale at the time.

The house was rented out as a furnished property so most things were still in place when the tenants left- i.e.beds/3 piece suite/washer/cooker/tumble dryer and numerous pieces of furniture such as coffee table/bureau/computer table.

Am i claiming for the damage to all this property? The laminate flooring was destroyed as were the kitchen vinyl floor and the stairs and bedroom carpets-My kitchen cupboards had collapsed too? is this all re-claimable?

I do have photographic evidence of most of this damage on my mobile phone and also on my facebook page from the time of the event-will this help?

Thanks

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If you only had Buildings Insurance, you can only claim for what is defined as buildings. This will be the building itself and anything which is attached to it. So the kitchen and bathroom furniture would be included. The block paved driveway, will need proof of being affected by the burst pipe incident. Stuck down vinyl floor ok, carpets will be considered Contents so not covered.

 

Just follow the claims process and be as helpful as you can. The assessor may ask to see something to confirm when the last tenants left. If this is more than 30 days before the incident, then you may have to explain about whether you lived there for a number of days, so the house was never unoccupied for more than 30 consecutive days. Provide the photos that you had and anything else that is helpful.

We could do with some help from you.

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I"m really dubious about signing this settlement form allowing Lloyds to waive my returned premiums and settle my claim as a fresh claim as i think it is another easy cop out on Lloyds part and a cheaper way of fobbing me off? I havent fought this for two & a half years to be brushed aside easily-I"m now thinking i may have 2 cases? One for the voided insurance policy and one against the bank for mis-selling me the policy in the first place? and the big bug bear ive got is with the money i lost on the sale of my house (valued at 109,950 sold as seen after flood at £78,500) which i feel that Lloyds are to blame for as i couldnt afford the repairs on the house after the flood and if they had settled my claim at the time as they are offering to do now then i could have had the repairs done and sold the house nearer the valuation price?

Really am un-decided as to how to play this?

Rang the lady who"s dealing with my case at the ombudsman but she"s on holiday until 11th June?

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Well don't hurry and make a mistake. Perhaps see if you can get some free legal advice. Sometimes solicitors volunteer their time at citizens advice.

 

You could always go back to the FOS, with details of what you are willing to accept. The difference between the valuation for the house and the price as sold i.e £31450 + 8% interest for the period from the date of sale until now. There is no way for the LTSB to inspect the house, as it was sold. It is only adding to their claim costs to muck around. They might as well settle on the basis that makes sense, in view of the miss-selling of the policy.

We could do with some help from you.

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Assess what you want out of this first formulate a plan and work it from there. If you want financials from your second complaint, whay are you claiming for? inconveneince, stress? It can't be the offer to deal with a claim, that's already there.

Take your time, the insurer may capp any interest payments if you don;t go back for another 6 months, but a couple of weeks won't hurt.

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thanks for the advice-As for the surveyor Surfer i believe the buyer just fetched a builder with her to assess the damage and give her a price for repairs then she put an offer in

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I may be wrong but it is the mortgage company that requires an inspection with the surveyor. If they bought cash, then they would have been very foolish to spend that amount with out a survey being done. I suppose you can only ask and see what they say.

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  • 5 weeks later...

Right-Claims man from Lloyds Insurance had a meeting with me today and asked me to go over all the damage that was caused by the water leak in 2010-Every time i mentioned the money lost on the sale of my house due to no repairs taking place he sort of dodged this question and kept explaining to me that he was looking at the claim as if it was from day one and as if the claim had been valid and he had called to see me straight after the flood?

He told me what i could and couldnt claim for as regards buildings insurance and that he would go away and work out what he thought the settlement should be and he would be in touch in the next 14 days?

The things we agreed on are as follows;

block paved driveway

kitchen cupboards (All inc Hob & Cooker)

laminate flooring (even though he stated it wasnt included but he would let me claim for it)

cost of re-plastering 2 rooms

hire of de-humidifier

electrics (cost of re-wiring downstairs)

2 internal doors

artex ceiling in kitchen

lightings & fittings in kitchen

Personally i"d got a bigger list than he had because mine had on it all the above including;

loss of sale price

kitchen vinyl floor

bathroom cushion floor

cost of burst pipe repaired

decorating

skip hire

damage to central heating

STRESS

4 months mortgage i had to pay as house was un-rentable?

 

I think i"ll wait and see what figure he comes back with and take it from there?

I still think ive got a case against the bank for mis-selling me this policy in the first place and maybe i should chase them for some sort of compensation too?

Any Thoughts Please Thanks

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Think they are trying to get away with a lower settlement than your losses. But we shall see.

 

What about loss of rent, as the policy was sold on the basis of it being let, which turned out to be an error by LTSB.

 

With the Kitchen, often the FOS will also allow a 50% contribution towards undamaged units. So if they try to get away, with paying you for half a kitchen, query this.

 

Personally I think they are messing around and should settle for at least the £31450 + 8% interest.

 

If at any time you believe that LTSB Insurers are acting in an unfair way, ask the FOS ombudsman who reviewed your case, to see if they can help.

We could do with some help from you.

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