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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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Hoist/? Claimform 2008 abbey credit card 'debt'


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looks like your old sar was july 2010 not 11?

 

 

dx

 

when did you receive the NOA from 1st credit please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, here goes,

 

23.12.2009 - letter from first credit - final reminder demanding full amount (no NOAA)

 

Letter rcd from first credit inviting us to make a settlement offer - letter undated

 

12.01.2010 - letter fro. First credit - threat of legal proceedings if no payment made

 

21.10.2010 - letter from DHS asking us to make an offer of payment. (Hubby did make contact and they wanted £400 down payment before they would agree to payment plan)

 

Letter rcd from first credit inviting to make an offer to settle - letter undated

 

11.03.2010 - letter from first credit stating instalment default notice, ( we didn't set up a payment plan with first credit)

 

19.05.2010 - letter rcd from Connaught advising they were instructed by first credit to collect monies outstanding. Reserving the right to commence legal proceedings

 

28.05.2010 - letter rcd from Connaught 'despite numerous efforts to contact you etc' intend to review for legal action

 

08.07.2010 - cca request sent to Connaught enclosing the one pound fee

 

09.07. 2010 - wrote to Connaught advising that we are not corresponding with them and that we contacted santander direct

 

09.07.2010 -contacted Santander stating a repayment plan of 3% of the balance per month (no response or acknowledgement from Santander) - no payments made to them either

 

22.07.2010 - letter recd from wescot Notice of Debt Collection, demanding dull payment

 

06.08.2010 - letter from wescot final notice threat of legal proceedings

 

23.08.2010 - letter from nelson and co demanding payment within 10 days of date of letter to wescot

 

15.09.2010 - letter received from nelson and co offering a discount if we contact within 10 days

 

04.10.2010 letter from wescot threatening doorstep action

 

08.10.2010 - we write to wescot advising that we do not owe westcott any monies And asking them to prove liability to westcott

 

18.10.2010 - letter from wescot stating that we have raised a query and they will investigate

 

20.10.2010.- letter from wescot advising that they have been in touch with their client who has advised the we are making payments direct to them and advising that we should be making all payments to wescot. This in fact is a blatant lie as we have made NO payment to Santander at all!

 

19.11.2010 - another letter from wescot regarding doorstep collection

 

23.11.2010 - letter from nelson and co demanding full payment to wescot or repayment plan agreed then legal proceedings will follow

 

24.11.2010 - SAR sent to Santander enclosing the ten pound stat fee

 

06.12.2010 - letter from wescot advising doorstep collection

 

17.12.2010 - response with SAR pack from Santander. No copies of statements just screen shots and an unsigned cca

 

29.12.2010 - letter from credit security demanding full payment or threat of CCJ. in capital letters

 

04.01.2011 - letter from credit security threat of legal action And door step collection

 

10.01.2011 - letter received from credit security on pink paper offering gesture of reduced sum in settlement, reduced by £200 if payment made in 10 days

 

31.03.2011. - letter received from wescot demanding full payment

 

11.04.2011 - letter from wescot final notice stating they have confirmed our address demanding full payment in ten days or legal proceedings

 

26.04.2011 - letter from nelson and co offering a reduced settlement if we contact within ten days, note the letter dated 26.04.2011, actually received 06.05.2011, the deadline date to contact wescot!

 

20.05.2011 - letter dated from nelson and co, demand payment to wescot

 

May 2011 approx - statement from Santander detailing balance on 01.12.1010 as £1980 approx, 06.01.2011 a £10 credit co-existence collections in default, 30.05.2011 balance £1970 approx

 

31.05.2011 - statement received from Santander opening balance on 31.05.2011 £1970 approx, also saying 30.11.2011, net balance of the same?

 

16.06.2011 - letter from credit security demanding full payment

 

27.06.2011 - letter from credit security demanding immediate payment

 

06.07.2011 - letter from credit security threatening doorstep action and offering a 200 reduction if paid within 10 days

 

01.12.2011 - statement rcd from Santander approx bal £1970, also received during 2012 and 2013

 

30.10.2014 - letter received from Santander advising acct sold to hoist and enc a NOA,

 

I am not sure what that looks like, but a letter enclosed from hoist.

Correspondence address is Salford.

 

 

Also it states that Santander has assigned all of its rights and title to hoist.

Any payments made after oct 2014 will be forwarded to Robinson way, who have been appointed to manage the acct,

if we are on a repayment plan it will remain in place until 29.03.2014 when our circumstances may be reviewed.

Under terms of the assignment and as defind in the DOA 1998

 

hoist is now the data controller of our personal data contained in the records of this account

and they will not change the purpose for which or the way that personal details are used.

 

 

We are then urged to contact Robinson immediately to make payment

 

That's it!!!

 

According to SAR data

 

 

the account was written off on 30.11.2009, with the default being registered some two weeks prior to that.

 

 

However, according to the docs send from santander

 

 

they say in a letter to us dated 28.10.2009 that they issued a default notice. but this was never received,

nor is it referred to in the SAR that we received.....

 

The cca does not have a date on it, and the account was opened in June 2008.

 

For clarity, no payments have ever been made on this account since it was opened..... what bearing this has I dont know.....

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ok so during the period of the phantom payment

 

 

it was still with satans bank.

 

 

are/were you paying satans for any other accounts at that time?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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our mortage is with them,

 

 

we also had a bank account with them that had a defaulted o/d.

 

 

long story,

they proper messed up the switching process which left us knee deep,

 

 

that was defaulted and santander closed the acc on 30.05.2009,

 

 

the od was cleared on / around 09.2009 and my credit file was marked as satisfied on 11.01.2010

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I've had a read, well done to you.

 

 

You are clearly a very bright person to have learned so much over the time and stand your position.

 

Can someone remind me what an in enforceable credit agreement is?

 

Also,

just looking through the old papers on thus account,

 

 

I notice that there was a credt of £10 added to the account in January 2011.

 

 

It is for 'CO-EXISTENCE COLLECTIONS IN DEFAULT',

 

 

any ideas as to what that is?

 

 

http://forums.moneysavingexpert.com/showthread.php?t=3388730

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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there is no other accoount to set it off against? The only payment that went to Santander at that time was the £10 SAR fee. In light of the fact that the old bank account that we had with them was closed in 2009, and the only other account is our mortgage? Can they offset against that?

 

So any steer on resolving would be greatly appreciated.

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Calling in as asked.

 

to challenge that £10 payment I suggest you do what I posted earlier regarding a complaint. Also state that unless they can prove where that payment came from that you are considering it an unsolicited gift. Unless they can prove you deliibratly paid them it would prevent them resetting the clock.

 

Also

 

6 years from 2009 is 2015 so no SB defense yet. UNLESS you live in scotland

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Im not an expert here.

But as a mortgage is a debt, they cant add £10 of debt to a mortgage and credit it to another account without your authorisation. In my eyes this is unsolicited lending :p

 

Unless there is a credit entry on your mortgage coreesponding to the debit on your account then this is unlikely.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Post a draft here first so the more experienced people can check it over :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Robinson Way do not own the debt do they. So feel free to ignore them

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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the phantom payment occurred when the debt was still with the OC.

 

 

if you want to challenge what it is

satans bank are your target.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

30.10.2014 - letter received from Santander advising acct sold to hoist and enc a NOA,

 

 

we already knew that

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

A quick question. I have just checked OH credit file and this is now marked as satisfied with a note saying debt been sold.

 

Does that mean that at some point this debt will appear again.

 

Apologies to ask this question, but I am a little confused as to who can add what to a credit file...

 

thanks

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yes it will re-appear

 

 

in the top line summary default date is NEVER CHANGED by the DCA

 

 

they can update it add markers in the monthly listing

but the date must not change

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes the new owners of the debt will prob make their own entry. When they do make sure the default date remains the same

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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as long as no payment is made or recognistion of the debt made the SB date does not change.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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'they' cant change the SB date

only you can by paying or using or writing acking the debt by a signed letter

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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