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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Brittanic Assurance/Phoenix


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Hello one and all, I was recently sorting out some old PC magazines when I came across an unopened letter from Brittanic Assurance. I was going to throw it away but opened it and to my surprise, one of the Policies I had with them had matured and there was a cheque attached for just under £1000. The date on the cheque was November 2004 so called Phoenix (company who took over Brittanic) and explained the situation and was told I would be getting a new cheque.

 

Several days passed and I recieved a letter from Phoenix saying the cheque had been cashed back in 2005. The letter states the cheque cleared 1st June 2005. I went online to check my bank statement from 23rd May to 10th June 2005 and the only thing that was going into my account was my wages, nothing else. So I called again and said the cheque was NOT cashed into my account and would like to know who's account it went into. I was told I could not be told that sort of information. So I asked the woman on the phone what I could do... she said ' I dont know' .... utterly useless.

 

I have paid into that policy for years and yet not one penny belongs to me. To say I'm annoyed is an understatement.

 

Is there anything I can do?

 

Steve

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I think I would be writing to them and trying to establish exactly who cashed the cheque. Try and keep a paper trail.

Start off gently but if you don't get a satisfactory answer then start to get heavy with them.

Do you still have the cheque? If you still have that one, then obviously a 2nd cheque was issued somewhere (maybe an unscrupulous employee????).

 

There may be a case of fraud here!

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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I have the original cheque from November 2004, I have not seen/found the cheque dated 2005.

 

I will write to them and explain the situation. Funnily enough, I keep thinking 'Fraud' too.

 

The last letter Phoenix sent, said they could not provide details requested as they have contacted the bank, but are unable to provide details as records are only kept for a maximum of 6 years.

 

Steve

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Convenient!

What about their finance department? They should keep ledgers etc. I bet if the bank digs hard enough they can find something. Not up on how banks run, but there must be some record somewhere, I can't see a computer doing a mass delete of transactions on their 6th birthday!

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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I have printed out a bank statement from 23rd May to 10th June 2005. It just seems so odd that the cheque has been cashed but not into my account, and nobody at Phoenix knows anything.

 

I have written to Watchdog, will be going to CAB next week as its the only time I can get there.

 

All I want is my cheque, and a possible investigation to find out who had my cheque and was able to cash it. This is nothing short of theft.

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  • 1 year later...

Hi,

I just wondered if this problem was resolved and you received a credible explanation?

I am also coming up against a somewhat similar circumstance with a Brittanic endowment policy.

I purchased a Brittanic policy in 2006, so the policy was transferred from the policy holder and assigned by Brittanic to myself as the new owner.

It is a simple process with a lawyer completing the assignment which becomes a TEP (traded endowment policy) and the policy holder receives a better pay out than the surrender value so everyone benefits.

The direct debits were requested up until the maturity date when I was then informed by Phoenix that the policy was apparently surrendered in 2005, but the records were not updated.

Therefore as the policy was surrendered it has no value even though all the payments were made, but likewise Phoenix do not seem to know who received the payment and both the policy holder and Brittanic themselves seemed to be unaware as they transferred the policy to me!

Phoenix admitted a mistake had been made by Brittanic not updating the policy details to be surrendered in 2005 but that would mean the owner falsly sold the policy that was no longer valid and Brittanic failed to update their records.

I don't believe in that many coincidences..and when I saw your Blog it sounds similar with a similar date.

I received the repayment of the premiums I paid but so far not the value of the policy which would be much higher if the policy matured.

Unfortunately fraud is also springing to my mind...probably at Brittanic in 2005.

If this was the case, this is where the similarity and date align with your situation.

I am awaiting for an explanation from the Phoenix legal department!

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