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    • Hello BankFodder I do have a sales invoice from SEHBAC showing the warranty transfer and fee paid.   The warranty is a 10-year warranty provided by the installers at the time of fitting 0n the 27/8/2015, fully endorsed by the Glazing federation.   This is underwritten by QA National Warranties. Section one:-  agrees to indemnify the policy holder in respect of making good a defect in the insured works where the contractor has ceased trading and is consequently unable to rectify the defects subject to the terms of the written guarantee issued to the policy holder.  A defect being defined as a physical fault or error in the insured works caused by defective workmanship or defective materials.   Section two:- covers breach of building regulations cover where the contractor has ceased trading. Sadly, in this case I have no claim against the insurers as the company has not ceased trading.   The installers have agreed that there is remedial work that needs to be carried out. The delay during the last few months has been annoying, especially as we are struggling to warm our living space to a satisfactory temperature without excessive use of the heating.   I have no Idea of the cost of the works required.    You have obviously realised from the information that I have given so far, that I feel that the remedial work will not fully address the issues. From the comments made by the surveyor at the time of inspection, the work that needs to be carried out will require the windows be deconstructed and reinstalled, this to me indicates that the workmanship in the fitting was substandard and consequently gives me little confidence that any repair will rectify the problem, but will only be a patch job, unfortunately this will not be known until or if the work is carried out.   I have not had an independant inspection of the work carried out, and would not know who to approach to carry out this sort of inspection.   The installers have given no indication of the actual work required to rectify the issues.   Thank you for your help.    
    • AXA have no obligation to explain anything to you about their policy cover because you are a third party and have no contractual relationship with them.  Your claim is against the gardener. If AXA's policy had insured the gardener then AXA, for practical reasons, would have dealt with you direct. But for whatever reason they have decided that their policy will not insure the gardener against your claim.   So AXA are correct that you will need to pursue the gardener directly for the damage to your property and he will have to pay it from his own pocket. If he disagrees then you would have to start a small claims court action and a judge would decide if the gardener was liable.   It's normal for insurers to ask for details of the damge you are claiming for before they decide whether it's covered by their policy. This hasn't disadvantaged you because you will need that information to make a claim directly against the gardener.   It's not correct that you would get new for old if AXA had agreed to pay the claim. As a third party claimant you'd get the same whether AXA paid it or the gardener pays direct - the used value.   Is the property that was in the lockup insured by you under your own household policy? Have you put in a claim for to your insurers? If it's covered by your policy then it's quite likely you would get paid 'new for old' value.
    • I don't understand why you think you should be entitled to claim new for old from 1/3 party insurer. On the basis that we are talking about negligence, you would only be entitled to be put back into the position that you would have been had the negligent act not occurred. This means that you would be entitled to obtain the replacement value of the damaged items. What kind of items are we talking about here? What kind of value are we talking about here
    • Online companies will be responsible for stopping fraudulent user-generated content on their platforms, under new legislation View the full article
    • Look at a Credit file default as a punishment, after 6 years you've served your time and it's over.    In fact even if you had a couple of defaults 3 years ago on your file, it still wouldn't be a problem. Which is why there is something else at play here.  As for the differences between brokers, when I went for my mortgage I had 2 different one's trying to get me the same product. One rang me back apologising , telling me that I wasn't eligible, the other one got me the mortgage.    
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well lowell have come out of the woodwork saying that the debt isnt stat barred which i know it 99% is.

 

what i was doing 8 or so years back was paying 15 a month into a holding account (my other account at natwest)

and they were later transferring it when they felt like it.

 

i sent the stat barred letter and they replied saying last payment was march o8 of 700 odd quid.

 

well i know i have never had that sort of money to make a lump sum payment so they must of just taken the money in the holding account.

 

my last payment into the holding account was before my mam died (back in march 2004)

 

so what would happen if they chanced court?

 

it was defaulted back in 2006/7 and has dropped off my credit file.

 

im on mse under the same name post on there a lot more than her

 

thanks for any advice

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You must DEMAND unequivocal proof of the alleged payment, who made. how was it made, cash, cheque. card, bank transfer etc. and all the deails as to the cq number, bank name , account number, for each possible payment type.

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i know where the 700 odd payment has come from its from the other account that i was paying this £15 a month into, but i stopped paying when my mam died. so it appears they have just transfered it to the O/D account so would this count as a payment under the SB rules?

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YES, most certainly any payment restarts the clock.

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YES, most certainly any payment restarts the clock.

 

Does it though - It was my understanding that the payment had be made by the debtor - if they simply helped themselves to money without permission - even if there is an offset rule, then the OP hasnt physically made that payment !!

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Does it though - It was my understanding that the payment had be made by the debtor - if they simply helped themselves to money without permission - even if there is an offset rule, then the OP hasnt physically made that payment !!

 

thats what im thinking.. the last physical payment made by me was prior to 23rd march 2004 of £15 into the other account as natwest wanted me to pay it in to the active account so they could pay it towards the overdraft

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Fought this a few years ago

 

the payment has come from the debtors account, in which it appears some form of ''authority'' exists/existed,

 

it would imo be extremly difficult to prove that the payment was unauthoriesed unless there is some malpractice by the bank,

 

but if the 'payments' were to be made from the balance of funds available in this secondary account,

 

I cannot without further detail see a challenge.

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I would like to know more of the history of how these accounts were intended to aquire funds and make payments from them.

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well worse case is i have another year of them saying its not. i can always defend any action and see what happens..

Lowell own the debt as they said in a recent letter.

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A payment also may be made by an agent or representative of the debtor. This could be the bank.

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I would like to know more of the history of how these accounts were intended to aquire funds and make payments from them.

 

initially i ran a big o/d up CIRCA 4k back between 2002 and 2004 (student)

and left uni arranged with them over the phone to pay £40 a month but that was too much so agreed to drop to £15

and paying it into my normal current account and they would collect from this account and transfer it over to the student account.

 

As the student account was with debt management i couldnt pay into it manually at a branch (i didnt want a direct debit set up in my new account with barclays)

 

they suggested using my other account with natwest.

 

If they still have recordings from 2003/4 this would confirm this.

 

Ive had a couple of letters saying pay 50% to bring it to a close

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Ok, so an ''authority'' to collect availble fund was in place for this account?

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ANY payment in the crucial 6 year period restart the clock

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The debt is SB already the date runs from when " you " made the payment...not when they decided to transfer and credit it.Payment between the assignor and assignee are not your concern.If you have not made payment or acknowledged the debt for 6 years (so 2004 in your case)

It became SB in 2010.

 

Regards

 

Andy

We could do with some help from you.

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discount letters too

 

this means you must have heeps of PENALTY charges?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The debt is SB already the date runs from when " you " made the payment...not when they decided to transfer and credit it.Payment between the assignor and assignee are not your concern.If you have not made payment or acknowledged the debt for 6 years (so 2004 in your case)

It became SB in 2010.

 

Regards

 

Andy

 

ive slept on it and im not too worried now.. if they could do anything they wouldnt of given me a 50% off offer. If they chance court ill defend it on the basis i made last payment myself in 2004

thanks guys and gals

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Simply enter a Statute Barred defence...if they do attempt litigation.

We could do with some help from you.

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