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    • 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 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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      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.

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Landlord/Agent withholding information, now almost homeless


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Hi All, I hope someone can help me.

Basically, I found a flat I really liked, paid the deposit to the agent, had the credit checks done and was told that my moving date would be Friday 1st February. I sourced movers, cancelled utilities and organised everything. On Monday 28th January, at 7pm 7pm, received the terrible news from the agent, who had been avoiding my calls for days, that there was a squatter in the flat, which apparently the landlord knew about but the agent did not. I don't believe this for a minute.

I've had to pay extra money, which I wasn't expecting, to stay at my current flat for another week, but cannot stay at my current house longer than that as someone else is moving in. The squatter (a previous tenant who had access to the key to the property) has been issued with a court order to leave by this Thursday, but the landlord still can't tell me whether or not I can move in by the weekend. I MUST be out of my place by Tuesday,but I can't organise movers or plan anything until the landlord tells me when I can get the keys. The agent also has over £2000 of my money and my own money is running out fast.

I am at a loss and will be homeless from Wednesday morning if I can't move in. The agent who has my money, is currently on holiday in America and the landlord is also away until tomorrow morning.

 

They've said I will get "a few days" off paying the rent, but they haven't been specific about how many days, the letting agent has not sent another tenancy agreement and basically, I just don't know where I stand with all this.

 

Can anyone give me any advice? I'd be so grateful.

 

many thanks

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Have you signed a contract? It sounds like you have not signed a contract, which would mean that the landlord/agent owes little legal obligation towards you. Which would obviously not be good.

 

Note that you do not have to move out of where you are. But you may be liable to costs if you stay. Is there any chance that the new occupier of your house has more flexibility?

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I signed the original tenancy agreement, which was stated the date of my tenancy was 1st February and have paid the full 6 weeks rent deposit and the first months rent. The new occupier of my current flat is moving in next weekend (15th) and the landlord wants time to decorate the place before he moves in.

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I suggest you read the contract to see what it says.

 

In normal circumstance, the landlord is now potentially in breach of the contract and would therefore be liable to pay for your losses - e.g. storage costs, costs for alternative accommodation and so forth.

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Guest iolande

Sounds like you have our letting agents :-( . . . hope you aren't our tenants who were supposed to move in on the 1st of Feb!

 

If both parties have signed I don't think it matters that you have not received your copy of it yet (I might be wrong here). I know it is absolutely useless advice right now in your current situation, but if you ever sign anything that you have to hand over, make sure that you get a photocopy of it to take away with you. That said, can you not walk into the agents and request a copy of the lease you have signed? Then perhaps (if you have time) go and queue up at a CAB or similar?

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If you don't have a copy, then it can come down to their word against yours. I would suggest you go around and ask for a copy. If they won't or cannot give you one then it may inform your view as to your situation.

 

As a recent smart-phone graduate, I now take pictures of all sorts with my phone, including pictures of contracts and terms and conditions.

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Suggest you contact Shelter they may be able to advise.

The agent is acting on the owners behalf and if they offered you a contract and you signed and accepted it, thats it, irresoective of the LL or owners siganature.

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