Jump to content


  • Tweets

  • Posts

    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • 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 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

speed credit


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2829 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'll write you a letter to send them tonight. About to pop out for half an hr in a min to pick up a friend from work.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • Replies 473
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

how does this sound to send??

 

Thank you for supplying me with your final response.

 

Your email states that my complaint relates to the firm not accepting a reduced offer. If you read all my emails back you will find that my complaint doesn’t just regard that, it includes all the harassing threatening emails and texts ive had off northern debt recovery and Marshall hoares. And their continued use of trying to take monies from my bank account when in July I sent a letter by recorded delivery which was signed for by a member of staff at speed credit, revoking your right to continuous payment authority, by continuing to attempt to take money from my bank you have abused the rules of the use of CPA set out by the OFT.

 

I informed speed credit in July that I was in finical difficulties by recorded delivery letter which they signed for, which informed them that I had received advice from CCCS and that I would offer a token payment until my situation changes. Speed credit have done nothing with ignore me and have their partner companies harass and threaten me. And when they have been in contact its just been to tell me they reject my offer

 

Your offer of a reduced settlement seems very misleading as you seem to be trying to be generous and genuine up to the point where you say “ this offer is made in satisfaction of your complaint and is contingent on its withdrawl”

 

Also you are willing to reduce the amount to 400 if I pay on your terms of 40 a month, or if I pay 10 a month on my terms 941, obviously most of those charges aren’t fair and justifiable you can drop the amount down to 400.

 

Please note your email will be forwarded to the OFT and Fos as the account is and has been for months in dispute

Link to post
Share on other sites

Woops. sorry ive been busier than i thought i would be. I'll get you a letter done today.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Sorry for the late response tinkerbell. Been doing remote assistance most of the night.

 

I was going to write a letter for you, but upon reading yours, it looks good.

 

Change the last line though to something like:,

 

" It is with regret that i find your final response to my complaint unacceptable. Due to this, i have
no choice
but to escalate this complaint to the OFT and FOS. Due to this account now being in
serious dispute
, you are advised to adhere to OFT guidance on Debt Collection, that requests you stop collection proceedings on this debt until the dispute has been formally resolved.

 

No further correspondence will be entered into until i am advised otherwise by the OFT or FOS
"

 

Dont put it word for word like that, but put it in your own words. When forming a complaint, or responding to one, it is good practice to keep it simple and to the point. If you ramble on, the majority of creditors will simply ignore it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

No probs. Just be aware that they will try and "skirt " the issue using any number of silly reasons as the last thing they want is for the OFT and FOS to scrutinise them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Well i guess they didnt like my reply as theyve put my account back on mega full collection mode, they hadnt tried to collected anything since before xmas, now toro their gonna try to take three amounts over a grand each. Surely the fact they are still tryin to collect while in dispute will show fos just how these sharks operate.

Link to post
Share on other sites

Yep. Keep the OFT updated as well. They are currently investigating Sc/TF and NDR. The PDL knows this and knows they will lose their license, so theyre doing everything they can before it happens.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Ive had a rather odd response from WLP with the regards to my reply to their final response and it doesnt make sense to me, as he goes on to say my debt management companys offer was unreasonable?? i dont have a debt management company, and am not in a dmp, all i ever said to them was that i had had advice off CCCS and they advised a token payment which i have been doing.

If you look half way down the email he comes up with some lame excuse of why they can abuse CPA even when the customer has requested to cancel it.

They keep asking to see my income as proof of finanical difficulty but as ive read on this site many a time, they have no right to see that.

 

" i can see from your file that you received email and SMS communications from the firm as you did not repay your loan within the contractual period nor in a following two week grace period.

 

I can also see that you have instructed a debt management company to act as your third party representative, however, their offer was deemed unreasonable. As neither you nor your representative have taken the appropriate steps toward freezing interest and charges on your account, the firm has the right to contact you. The firm has been unable to contact you by phone and as a result, you have received automated system SMS and email messages, all of which are OFT compliant.

 

In regards to your complaint of the firm debiting your account. You have the right to revoke continuous payment authority, however, it is on the basis that you arrange payment by alternative means.

 

We require documentary evidence to take financial difficulty into account when considering a minimal payment plan. Although your letter is appreciated, this does not constitute the necessary documentary evidence needed.

 

As I have previously stated, we will be more than happy to consider your debt management company offer on the basis that you provide us with the necessary documentary evidence of financial difficulty. You may send the necessary documents to me directly by this email address or to our fax number 0203 137 0794 to the attention of Michael Lapides.

 

If you do not wish to send the information, we will accept £400 in instalments of £40 per month to close your file.

 

These offers are made in satisfaction of your complaint and are contingent on its withdrawal.

 

Please let me know in writing if you accept either offer. Alternatively, please let me know what it is that I can do further to resolve your complaint."

Link to post
Share on other sites

Back in July 2012 i sent speed credit a very basic i & e form to back up that i was now unemployed and in finacial difficulty ( it was before i found this site thats helped me loads) speed credit signed for it recorded delivery well this is what WLP have to say about that

 

"I appreciate that you have sent an income and expenditure sheet, however, this must be evidenced by documents such as payslips, bills, and receipts in order to consider a reduced offer.

 

As I have previously stated, if you do not wish to send this information, we will reduce your current outstanding balance for £1463 to £400, payable in instalments of £40 per month.

 

Please let me know if either of these offers are acceptable. Otherwise, please let me know what it is I can do further to resolve your complaint"

now am i right in thinking they have no legal right to even request seeing anyones personal documents,and them recieving an i&e form was a bonus for them because technially you dont even have to supply them with that if you dont wish to. They propably know no ones going to supply them with their personal info and its their way of not dropping the interest levels and justifying them

 

 

 

 

 

 

Link to post
Share on other sites

It does NOT need to be evidenced by anything. Simply sign it as a statement of fact. Notice how they are willing to drop the debt by a huge £1000. This proves that the debt is full of fee's and charges and they know it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

yup thats huge drop is unjustifable charges there isnt it. He seems to think hes allowed to see personal documents as his next reply was

 

"

While it is your prerogative to not send this information, we cannot accept a minimal offer without documentation to evidence your claim. As I have previously stated, we will be more than happy to reduce your balance to £400 if you can afford to pay £40pcm.

We feel that the firm has treated your complaint fairly, however, if you do not find our offers acceptable, you may resolve your complaint through the Financial Ombudsman Service.

Yours sincerely,

Michael Lapides

Complaints Assistant"

Its an absolute joke where he says theyve dealt with me fairly, he seems confident that FOS wont find anything wrong in they way theyve operated in my case

Link to post
Share on other sites

They're calling your bluff.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

exactly what my thoughts were too rene, i cant wait to find out what fos reply about my compalint about them. theyre an absolutely disgusting company and reading through the forums other lenders would have just accepted the i&e and came to some sort repayment arrangement

Edited by tinkerbell_2k12
Link to post
Share on other sites

Well, the guy behind all of this is somewhat of a shady person. I cant go into more detail as we know he reads this forum and it could bring action onto CAG. He even posted himself early last year pretending to be a solicitior representing him. That was until we asked why he would be making a silly post on a thread in a sub forum instead of going through legal/official channels.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi

Thanks to Renegadeimp's advice (and also others that offered valuable advice too on the forum) i stuck to my guns and speed credit have eventually backed down.Im so very grateful for all your help.

 

I just got this email this morning

 

We will accept a repayment of £354, payable in instalments of £10 per month to close your file. This amount represents the total owed on 17th July 2012, when you had informed us that you were experiencing financial difficulty

Although we require documentary evidence to support minimal offers, this proposal is made as a gesture of good will and on a no-fault basis.

Please let me know if you find our offer acceptable

Link to post
Share on other sites

:thumb:

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 2 weeks later...

I thought things seemed to good to be true, i made my first arranged payment over the counter at barclays and the women said it went straight in and now ndr are claiming they havent got it, but theyll leave it 5 more days cos.apparently thats how long a bank deposit takes to clear??? I thought it went in instantly when you pay kver the counter?

Link to post
Share on other sites

Can take up to 3 days if you didnt use fast transfer. If you used standing order its pretty much instant.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...