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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
    • Yes, it would. Especially as they are supposed to put up extra signs to show that parking restrictions have changed, which of course they won't have done.
    • Right would that be grounds for a dismissal right there then, 90 seconds?! Lookingforinfo - you're getting crossed wires buddy, we're in the hospital thread here, the ICO complaint was my other appeal the Locton estate one   Regards
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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.

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Car insurance doubled after repair


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My car insurance is Fully Comprehensive and full no claims bonus protected.

 

It was recently damaged by someone unknown who hit the back end while parked, then drove off unseen.

The bumper did its job and took the impact but was cracked beyond repair.

 

The insurance company arranged repairs without any problems.

 

My renewal has just been received which is almost twice last years amount.

When I called to point out my level of cover and that I didn't expect an increase, they said a loading had been applied.

When they said that it was necessary to cover repair costs as there was no third party for them to claim from, I asked about the 10 years plus when I've paid premiums amounting to thousands of pounds without any claim ........ there was no reply.

 

Repair costs were given on renewal letter as £400, I'm not sure if that includes the £100 excess I paid.

It seems they are in a 'can't lose' business. Their risk certainly isn't increased because someone hit my parked car.

 

Does this loading stay in place until they have recovered all costs?

 

Had I known this would happen, I would've had a new bumper fitted by my local garage for around £200 but I thought that was what I was paying insurance for ......... silly me.

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As you have found, making a claim on your policy, even with no claims discount protection, can cost you. The Insurers will have applied a loading to the gross premium, which will probably stay on there for 3 years, but should reduce at each renewal. After the 3 years, if you stayed with them, they would have claimed the cost of the claim back from YOU.

 

Not all Insurers will increase the premium in these circumstances to the same extent, so it is worth shopping around. I had a claim many years ago with Direct Line and I cannot remember them penalising me this much. But times have changed. Very few motor Insurers, actually make any profit, as the number and value of claims has significantly increased over the last 10 years.

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I can't offer any advice about the premium figs etc. If you have lost ncb or wanted to retain a free claims history you can ask the insurer if you can reimburse the repair costs, not sure if this will be cheaper than the premium increase over the next couple of years.

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Tell them where to go and get your insurance somewhere else, cheaper.

Friend of mine had similar experience, Insurance went up by £280 from previous year and this

was without any claims been made.

Shopped around and found cheaper insurance by £350, Insurance company loss for been greedy.

 

George

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That may be so but could still be cheaper than double what you were paying.

Have you checked any quotes from anywhere else yet even with your claim it could still be lower.

 

Same old story again Banks,Insurance,Credit Cards all taking the p to good customers who have

been good paying customers for years.

 

I was a Halifax customer for over 5 years and not once did they offer me any good services, overdraft

etc and even had the cheek to charge £38 for a £2 failed debit.

New bank account now with overdraft, cheque book card and £5 fees for anything failed.

By the way its a Natwest Bank Account.

 

You never know whats better until you look.

 

George

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Thanks for all your comments.

 

Not all Insurers will increase the premium in these circumstances to the same extent, so it is worth shopping around. I had a claim many years ago with Direct Line and I cannot remember them penalising me this much. But times have changed. Very few motor Insurers, actually make any profit, as the number and value of claims has significantly increased over the last 10 years.

 

The range of alternative quotes is staggering, varying by £3,000 for a similar level of cover.

Unfortunately, the lowest so far is around renewal quote, so it looks like I'll have to reluctantly accept it.

 

It is particularly annoying that I'm subsidising claims which had nothing to do with me as they've obviously made huge profits on my premiums.

It really should be based on my circumstances and history.

 

The way it is now, I pay for the policy and if any claim is made it's recovered from a third party or me.

At a low average of £400 per year, over 10 years I've paid £4,000, without any outlay by them.

When I'm clearly not to blame, I'd expect a little bit of that back.

Where is their risk?

 

Claims information is shared amongst insurers and not declaring would make any policy void.

They really have it sewn up between them.

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