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    • I have just received a non mol and the judge who signed it daughter works for the solicitors who applied for it and he also use to work for them I belive he was a partner in the practice  Is that not a conflict of interest? 
    • Hi, we had a council tax debt that was settled in full with our council back in July. However the bailiffs are continuing to pursue us for their fees.  We had an initial incident where the first bailiff had no ID and stated he was from the council and needed to inspect our house (council house). My partner let him in and he started listing items at which point my partner questioned who he was and he then told her he was from Rossendales reference outstanding council tax. After a discussion she set up a payment plan and he left. Things went on and we missed 1 payment, we rang them and explained and they said it was fine if we can pay double the following month to catch up. We agreed but before that date arrived we had a doorstep visit. It all became silly and stressful, i spoke with Rossendales who just were not interested and so rude its hard to not get agitated and stressed so I took out a loan and paid the council directly. I paid the entire debt with them. This did not include any bailiff fees. I logged an official complaint with Rossendales over the conduct.  It transpires that the bodycam from the initial visit was miraculously unavailable and also no complaint was logged by Rossendales, however there are notes on our account regarding the complaint!! With the virus etc I guess this has delayed their action but today I received a phone call saying I have to pay the council tax debt now or they will remove goods tomorrow. I tried to converse and explain what had happened and was shut down, the agent said he wasnt interested, either pay now or I'll visit tomorrow to remove goods, every time I tried to speak, he spoke over me so we got nowhere.    I'm at at a complete loss as to what to do, I cannot raise a complaint with them without evidence and they're not interested in anything other than causing stress and trying to obtain money or goods.   Please can anyone offer advice, do I just need to pay their fees, even with their conduct? Can they still charge fees for a settled debt? What if they do visit? What can they do and what can I do? 
    • Sar from PRA group arrived today, it includes an Account Financial history statement showing payment on 29/12/15. They also included a copy of the credit agreement with my signature.
    • To make next year's GCSE and A-level exams fairer after all the breaks in learning for students the DfE have announced a range of measures to support young people taking exams in 2021. View the full article
    • That looks good, you only need a short defence at this point.   You could stick a bit in about them inflating their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.   I've just read the thread from the start and am still not sure about your point (3).  Is it right that it was a hire car and only you were named as a possible driver?
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DirectLine - Complete Disaster - Car Insurance


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I purchased a car in Dec09 which was HPI clear and looked in Mint condition.Soon after I noticed major problems with the car, had it inspected and found it to be a death trap!I took the trader to court and won, but the garage then closed and the owners went into hiding, they are now subject to a £500,000 fraud investigation and have left me being owed over £90,000 and has put my life at risk both financially and physically.It transpired that 10 months earlier the car had been in a severe head on collision and the insurance company was Direct Line.It took Direct Line 18 months to apply the write off marker to the vehicle so that it could be seen on HPI, this was 8-9 months after I purchased the car. So far 18 months this car had no history what so ever!A major series of failures occured during this 18 months: They did not know where the vehicle was located. *** The vehicle was abandoned 2 weeks in to the claim, Direct Line where never aware of this! *** Paid out to someone who did not own the car, as it went missing whilst under finance when owners company went bust! Failure to pay out to finance company Failure to seek out correct ownership No warnings placed against the vehicle throughout duration of claim. When Direct Line decided to settle the claim 18-19 months after the accident they even let the claimant retain the salvage.(As many of you may know, an insurance company should process a MIAFTR check which looks at ownership, finance and security warnings. When DirectLine paid out none of the above was acted upon)I have contacted Direct Line Executives and now RBS group legal - and after 8 months recieved a letter saying liability denied. This was then put to them again stating their failures, to date no response.I have been to all the government agencies and that has been as useful as a hole in the head, no one is willing to pursue this as I was not the owner at the time of the accident. In essence I am a third party that has incurred loss due to the fraudulent actions of others and the inability of a major insurance company to act under a duty of care to protect the public.Anyone any ideas? The paperwork I have on this is sickening and I cant believe there is no legislation or law that can assist me.

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FSA - Surely a failure to deal with the original policyholders claim properly and to ensure records were correct, is something the FSA would be interested in. The same problem may affect other people and the FSA should be interested in investigating.

 

ICO- Data Protection. Accuracy of data issue.

 

Anyway in this instance, if you bought the car using finance, your course of action would be against your finance company. It is the only way I can see of getting your money back.

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Hi Unc, been to the FSA, they do not want to assist as I was not involved in the accident and was not the policy holder.I did put some of the value of the car on my card, however the bank declined to honour my claim, again the FSA could not help as they said this area was very sketchy for them to inforce, even though they agreed with me

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The fsa fos are right, you are not an eligible complainant.

I don't think there are any hard and fast rules about miaftr, there could be to many potentials why this was put on at such a late date, the issue would also only have any recourse if it affected the customer in any way.

Your only action would be through the courts, potentially taking dl in as second defendant, you need to seek legal advice, and considering the quantum, make sure it's good..

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Thanks, have been to solicitor, have good grounds against DL due to failures, the fact that they paid out on the car without noticing the ownership had changed, or that there was wanrings, outstanding finance at the of the accident.Your correct about MIAFTR, there are no rules on how long this takes to apply, but best practice is as soon as possible, as to delay this could be seen as covering a vehicles history.Problem is the cost, I have been told this could run up as high as £50,000.I have it on good authority that DL are in the wrong and have an obligation to rectify, I have even been told by the police to pursue them, its just that one person against a company of this size will be difficult

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Simply becase at the time of purchasing the car the finance company had already found the vehicle, as they could find no details over the accident nothing was placed on MIAFTR to advise it was going through the insurance process they where forced to handle this internally, they removed the markers as per there process as they had no other way to proceed, This is why nothing was recorded when I purchased the car.The company I bought the car who did the HPI check also doctored the report, this is why I could not see the only warning on the car, which was a contact warning placed on the vehicle. This remained on the vehicle throughout the claim.The details of the accident was only placed on HPI 18 months after the accident, so I was completely unaware at time of purchase.

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Hi Unc, been to the FSA, they do not want to assist as I was not involved in the accident and was not the policy holder.I did put some of the value of the car on my card, however the bank declined to honour my claim, again the FSA could not help as they said this area was very sketchy for them to inforce, even though they agreed with me

 

Pursue the card company. Surely they are liable. Section 75 ? If they think they are not liable, how do they explain this.

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Been to the Financial Ombudsman for help with this also, because they failed to place notes on the system when I first notified them, they would not honour the claim. FO would not back me up as they could not prove my comments. Even though I had been to court and proved dispute.A lovely legal system

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What was the salvage catagory?

 

Cat d £18,000 damage would have exceeded per accident value if stripped fully. Problems over inspection as police believe it should have been cat b

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If I'm being honest I'm not sure where you can go from here, if your solcitor thinks you have agood case, then court may be the option.

 

As you probably know the onus is upon you the new purchaser to make sure the vehicle is legit etc, and whilst DL didn't mark MAIFTR until settlement,settlement could have been hampered by all sorts, the claim could have been withdrawn by the customer , under investigation etc, that in itself is not wrong, had it been a cat a or b I think you may have better grounds for recourse.

 

Your job is to convince the court that by not putting the MIAFTR marker on you would under no uncertain terms have bought the vehicle. You would need to convince the Court that the seller was not trying to pull a fast one and wouldn't have doctored the report if it was MIAFTR marked - the V5 wouldn't show it.

 

To try to state DL haven’t followed best practice is not something a court would (usually, but there are always the exceptions) look into , especially as you are not their customer and have no breach of contractual terms, no different than had you bought the car without issue, you then tried to claim for further repairs for this incident as they had not been carried out correctly.

 

They are under no obligation to tell the world about what they believe to be a dodgy claim, only what is required such as make a MIAFTR entry, I’m not sure about the legalities of miaftr as an ABI agreement or regulatory requirement. Issues such as the salvage category and the police comments can fail, because al DL have to do is satisfy that the engineers opinion was right and the time of inspection, they didn’t repair it, a lot could have happened in between.

 

The police, or certain officers have a tendency to give a bloke down the pub opinion.

 

Please don’t take me the wrong way, I'm not here to wind you up , if you can find arguments to my points, great as they may then give you the angle you need to win this, sometimes it's better to throw the negatives and be ready for your retaliation.This could potentially cost you a lot more to get nowhere.

 

There are others on the board who think a totally different way to me, and as the forum will prove I'm not always right. feel free to ask more, I'll try my best. I sincerely wish you the best of luck.

Edited by honeybee13
Editing in paras.
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anyone know how to insert spaces/line between text? the above didn't look like that when I pressed send.

 

Some web browsers do this. Are you using chrome ? It seems to keep all the text together whatever you do. I use Firefox and don't have this problem.

We could do with some help from you.

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