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    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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£10,000 bill for hire car, insurance won't pay


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Hi all,

 

(I have posted this on another forum in the hope that I might find someone to help)

 

I am really angry. Somebody hit my car back in 2008 and did not admit liability. I ended up having to settle 50/50. During the repair of the vehicle I was offered a hire vehicle, which I had for about a month. The third party insurer queried the use of the hire vehicle as I had received an injury in the accident which meant I could not drive the hire vehicle for approx 2 weeks. However, the other driver on my insurance did drive the hire vehicle during this time.

 

Now, over two years later I get a letter stating I am liable for the cost of the hire vehicle as the additional driver was not entitled to drive the vehicle. This just seems silly, if there are two people insured to drive a vehicle if that car is involved in an accident and a replacement car is given then obviously that person may require use of that vehicle.

 

From my recollection when all of this was gone through over the phone I stated that the other person would require use of the vehicle, as they had to go through the details of the insurance with me. But I cannot remember the exact conversation as it was two years ago.

 

What can I do? I certainly don't have £10,000 and I am already heavy in debt, I would have to declare bankruptcy. Can I fight this? Is it their error in not quering whether the other driver on the policy required use of the vehicle?

 

Please help, I am literally pulling my hair out.:-x

 

Thanks

Ebony

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£10,000 is steep for a month's worth of hire - £333 pounds a day. Presumably if this is correct it will have been a luxury car i.e. range rover etc?

 

Anyway, turning back to the hire. You will have signed a consumer credit agreement. Scan that to see what it tells you although it probably won't help you much as they are often complex. If you didn't sign one then you should be fine. Technically under the terms of the GTA agreement between insurers, hire companies have to ensure that any hire vehicle given out is a) needed by the person and b) that the hirer has mitigated their losses to a minimum and cannot afford to hire a car from a dealer. This all has to be explained to you and you have to sign a statement that you do need it etc.

 

To be honest you need a lawyer to help you out. See if you have legal expenses cover on your home, car or any other insurance you have that might be able to help you instruct a lawyer without having to pay their fees. If not you may be able to get a no win no fee lawyer to do it on a CFA as it will be in the fast track and so they can recover their fees if you win.

 

I would also request a copy of the telephone conversation you had with the person who went through the hire with you.

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Clearly this needs to be challenged, the hire company will have an awful lot to prove to a court to get their money from you, most companies fail outright, with the courts taking a view that whilst a CCA agreement has been set up, the hire company took on the risk., the only time they succeed is if they can prove that you have not been honest with the information you have provided them and in someway mislead them into providing a vehicle. If the named driver had use of this vehicle only, then you have a case, if they were a named driver and had use of another vehicle without need for the hire vehicle, you may have a hard time.

The hire companies are having it harder than the insurers at present, they are scrambling for money, or at least to show their board that they are making attempts at recovering it.

Good luck.

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