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    • When it comes to animals my heart is just shallow. Sorry to hear that.
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Need some advice on an Insurance issue guys. My son was stopped for a routine breath test which he passed no problem, he was driving a friends car, he has his own fully comp insurance for his own vehicle which is part of a multi car family policy we have.

However on subsequently checking the small print it appears he was not insured to drive 3rd party on another vehicle, despite the insurer verbally telling us this was ok. As he is still in his 2 year probtion period I am assuming he will get 6 points for this misdemeanor and therefore automatically have his licence revoked??

Anyone got any ideas on how he might avoid this.

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Insurance is a strict liability offence i'm afraid. You're either covered or your not its as simple and black and white as that. It is the driver's responsibility to check whether he is covered. If your policy states it does not allow for driving TP vehicles (owned by someone else), there is not a lot you can do.

 

If you were verbally told by your insurer that he was covered, I would be making a strong complaint about whoever that person was and to see if there is anyway they will come to your son's defence.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks for the swift reply Sailor Sam. I'm of the same opinion, its unfortunate that this will happen on a technical offence rather than the speeding/drink driving the the probation act was meant to combat. We can try talking to Admiral but i'm not holding my breath on this.

If he re-takes his licence I assume this means he starts with a clean slate?

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Oh it's Admiral again! I bet that they conveniently forgot to record the telephone call where you were advised it was ok! I suggest you ask the question! In relation to your licence question, i'm not sure about that but if you can get Admiral to do their bit by admitting this was bought about by their mistake, it may not come to that.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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If he re-takes his licence I assume this means he starts with a clean slate?

 

No he doesn't. The 6 points (if that's what he gets for the offence) will still be on his licence after he retakes his tests (remember he has to do the theory and pratical again) for the "normal" length of time they would be on anyone's licence, usually 4 years.

 

The "clock" on his 2 years probationary period isn't restarted however, so provided he gets to the 2 years from first passing his test then he cannot be revoked again even if he receives other penalty points.

Edited by crem
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Yes we had 3 attempts at getting the policies correct in the first place ie paperwork not matching agreed insurance cover....perhaps that should have sounded alarm bells! I'll post an update once we know how this pans out.

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I wouldn't mention anything to Admiral, I would just SAR them stating specifically that transcripts of all phone conversations were required.

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No he doesn't. The 6 points (if that's what he gets for the offence) will still be on his licence after he retakes his tests (remember he has to do the theory and pratical again) for the "normal" length of time they would be on anyone's licence, usually 4 years.

 

The "clock" on his 2 years probationary period isn't restarted however, so provided he gets to the 2 years from first passing his test then he cannot be revoked again even if he receives other penalty points.

 

Thx Crem, just read up on this, seems strange that they carry over but as you say the probation period ends and he's in with the rest of us!

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I wouldn't mention anything to Admiral, I would just SAR them stating specifically that transcripts of all phone conversations were required.

 

Thx Conniff....I think this may be worth while as we are absolutely positive that the sales rep mentioned the TP cover for all named individuals as a benefit for the Admiral policies. How that may impinge on any proceedings I'm not sure as ultimately we are all directly liable, conjoining somebody else to blame is in my experience always difficult.

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Thx Crem, just read up on this, seems strange that they carry over but as you say the probation period ends and he's in with the rest of us!

 

 

Oh there are far more complicated anomilies about this "revoke" law than that. This is a straight forward situation really.

 

For example, someone can come in from France having driven only 6 months, "surrender" their French licence in exchange for a UK licence without taking a test. They could then get 6 points straight away but not loose their licence because the probationary period is only measured from the 1st UK test , which they didn't have to take.

 

Someone else comes from France having driven for 20 years and exchanges his licence also. He then drives in the UK for another 5 years with no problem, but then decides he'd like to ride a motorbike. He then takes and passes his bike test, but 6 months later gets 2 speeding fines and receives 6 penalty points. He now has his licence revoked because he has accumalated 6points within 2 years of passing his 1st UK test dispite having 25years of driving experience now!

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I always thoought having full comp insurance does not always give you the right to drive another persons car 3rd party even if the owner gives permission

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Pulling up the insurance company is just wasting time and effort.

Insurance is by way of "bond" you are issued a certificate of that bond and only what is written upon that certificate is valid.

You are deemed to have inspected and accepted the conditions printed on the certificate, it can not be retrospectively corrected based upon "but they said"

The court will take a plea, you have two choices, guilty or not guilty, if you choose not guilty the clerk of the court will request you produce the bonded certificate of insurance.

You either have one or you don't.

If you don't and have pleaded not guilty, the Magistrates will add a loading to the punishment.

IMO : You will receive 8 points and a £450 fine plus full costs for pleading not guilty and been found so .

This offence is absolute liability for private motorists.

If you have third party cover it will be written upon your certificate as so.

No certificate = guilty.

End of story.

Expert on Parking matters, Banned by MSE ! along with other parking experts on orders of the BPA !

here to SAVE you money !

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  • 1 month later...

UPDATE:

So Admiral have pushed to the absolute last day of the statutory SAR period and then wrote to us saying that because of an admin error the application had not been processed and that we now need to fill in some paper work in order to 'access' this. Funny that.

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Oh there are far more complicated anomilies about this "revoke" law than that. This is a straight forward situation really.

 

For example, someone can come in from France having driven only 6 months, "surrender" their French licence in exchange for a UK licence without taking a test. They could then get 6 points straight away but not loose their licence because the probationary period is only measured from the 1st UK test , which they didn't have to take.

 

Someone else comes from France having driven for 20 years and exchanges his licence also. He then drives in the UK for another 5 years with no problem, but then decides he'd like to ride a motorbike. He then takes and passes his bike test, but 6 months later gets 2 speeding fines and receives 6 penalty points. He now has his licence revoked because he has accumalated 6points within 2 years of passing his 1st UK test dispite having 25years of driving experience now!

 

Sorry, but this is not correct. The New Drivers Act (1995) clearly states the following:

 

(1)For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver.

(2)For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—

(a)any test of competence to drive mentioned in paragraph (a) or © of section 89(1) of the M1Road Traffic Act 1988;

(b)any test of competence to drive conducted under the law of another EEA State

 

My bold and highlighting.

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I hate to burst the bubble of hope here, but the certificate was issued AFTER the telephone call, albeit immediately. The telephone call could constitute a verbal contract HOWEVER the certificate issued after that verbal contract would in law supersede it.

 

There are circumstances where uninsured at the time can be rectified, for example insurance is cancelled due to not paying DD, driver stopped, car siezed etc etc which turns out to be incorrect as DD was paid, so insurance is reinstated and backdated to cover that period, thus making the driver insured after all and thus no fine, points or recovery of vehicle costs.

 

In this case, you could (with the taped call details) argue that you were insured perhaps before you received the certificate, but not once you received it as (and I know you know this now) you MUST read it and make sure all the details are correct and to your satisfaction. Yes, all 4 pages in font size 5, blue ink on blue background stuff, down there in section 91a clause 5R, paragraph 26c...........

 

In my opinion, your son is uninsured and unfortunately this will likely end with a £200 fine, 6 points and now the bad news....... as far as insurers are concerned, he may as well be a joyrider. He is young, drove (innocently in a way) uninsured, end of. Wrongly in my opinion I must add. However, it will prove a very expensive mistake.

 

Your only hope would be IF you can get that tape and then persuade the insurer that their agent did verbally tell you that you would all be covered and they then agree to change the policy in retrospect. Whilst not impossible, I would think it highly, highly unlikely that they will do do.

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