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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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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Failed Direct Debit


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Hey there. I've just had a letter from A&L telling me that as I didn't have sufficient funds to cover a £29 DD they're charging me £34. Obviously I'm rather annoyed, especially as the payment was for scammy card protection which I didn't want anymore - I only signed up because at the time I had the money and wanted them to stop hassling me. Anyway, I'm about to print out the letter and will report back on just how rude they are to me. I spoke to them on the phone first and was told to read my Ts and Cs and that if the charges were unlawful then "I'm sure we wouldn't charge them".

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Make your claim and get yourmoney back.

the if you can be bothered phone her nad say that if the charges were lawful you are sure that they wouldn't repay them - or everyone else's either

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  • 4 weeks later...

Right. I had a letter back telling me they will not be refunding my charges, and now I've looked at my account and they've only just charged me for the second day I was overdrawn. I had about £1 in there and they've charged me £25. So no doubt they will now be trying to charge me AGAIN. I'm changing accounts as soon as possible and will be telling them exactly why they're losing me as a customer after 13 years. I am so angry with them.

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Thanks for the support. The problem now is that I've been overdrawn for a couple of days, so any money I put in there (which I will have to borrow until I get paid) will probably be taken in yet more charges.

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I don't have any DD's or any bills to pay out of that acount now, the only thing is my pay is due to go in on friday. But, if I just stay overdrawn and pay no money in they I'll get more charges anyway. Argh?

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Is the balance large? You could pay it off and then claim them back of course.

 

Wow, this hurts my brain so late at night.

 

Just remember, any charges you get, you can claim back. You must make your decision on what to do.

 

It's just a real pain that they put you in this position to start with.

 

Good luck.:)

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It's only about £24 overdrawn. The problem is that whatever I pay in might be taken in charges in the future because I've been overdrawn. They have only just charged me for day two of being overdrawn about 3 or 4 weeks ago, as far as I can see. It's too late at night to deal with this :(

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  • 3 weeks later...

Right...I'm going to be charged another £50 (which will bring the total charges to £110) on friday for two of the days I was overdrawn due to their charges, I telephoned customer services to ask if there was anything that could be done about this and was told in a very short manner that they are allowed to do this and the charges are correct. Was planning to have a big rant but thanked them for being so unhelpful and hung up instead.

 

Now, I am going to write another letter but just wanted to update things here...I'm not going to leave any money in my account for friday if I can help it. This will mean more charges or whatever I suppose but I'm not letting them take half a weeks pay in charges.

 

Opinions?

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I suggest you quickly open another account elsewhere and have you salary paid into the new account, then start claiming again for the new charges.

 

Be careful, as constant claiming of current charges is likely to end up in a letter from your bank stating a commercial decision to close your account, giving you 30 days notice, as Spiceskull found out.

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Mm...I have filled in an application form for a Nationwide account, for the next time I get paid I might get it paid into my boyfriend's account if I don't have my new one set up by then.

 

You're probably right and I should wait to send to letter til after that, I just hate the idea of having more and more charges applied, as I will not be leaving money in there for them to take, which will result in being overdrawn again and yet more charges. And that's scary for me.

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  • 1 month later...

Right...I have now got myself a Nationwide account. So far all is good. They have even given me an overdraft.

 

Alliance & Leicester have sent me a reply saying that They consider their charges fair but are offering me £50 refund as a goodwill gesture. The amount they have taken means that my account is now about £96 overdrawn.

I've also had one of those automated system letters saying that the situation is now "very serious" and there is a risk of my account being closed if I do not repay the overdraft by 10th July.

 

I'm thinking that the righ thing to do is reply saying that I'm not debating how competitive or fair their charges are, but that the only thing which has taken me overdrawn are those charges. Therefore I will accept the £50 as part payment and continue to persue the rest as I am right.

 

Right?

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Don't do that - you are disputing that their charges are fair. You don't want to make it seem as though you are not disputing that.

 

Just a simple letter will do:

 

 

Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Mm, I was mentally correcting myself after posting. Thanks for the advice - I will do that. If they cave in and give it all back then so much the better, if not, what's my next step? (I have read through material on this, just not recently and it's so hot and sticky I need pointers at the moment!)

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Mm, I was mentally correcting myself after posting. Thanks for the advice - I will do that. If they cave in and give it all back then so much the better, if not, what's my next step? (I have read through material on this, just not recently and it's so hot and sticky I need pointers at the moment!)

 

I will therefore point you to the FAQ's and step by step instructions, where you will find the information that you need. (I am also hot and sticky - phew). Reading your thread I cannot tell what stage of the process you have reached.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Ok...I replied to A&L saying that I would go on to claim back my full charges. I received a letter saying that "having looked at our records, we see you have received a refund in goodwill" and they aren't willing to pay me anything else. They have since charged me again for being overdrawn. Now, do I need to send a letter before action, or can I go straight to Moneyclaim now? I'm not sure as I've already been in correspondence with them.

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If you have not sent a letter before action, then you need to do that first. You seem to be letting things drift so you need them to know that you are serious and will take action.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I know what you mean. I wasn't having a go. I should have done my MCOL for A&L over a month ago and haven't got round to it due to life taking over, so I should probably take my own advice.:smile:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 years later...

I stopped my direct debit contribution to a UK charity because my bank charged me £35 failed direct debit charge, meanwhile my monthly support to the charity was £5, and I had only £3.48 in my account. But that was then, no bank will ever do that to me again as I am now in full control. I use a text messaging reminder service from (Edit) directdebitalerts.com, I setup all my direct debit and payment dates, and schedule the system to send me SMS and Email reminders 2 days before my direct debit due dates, it never fails, and that helps me to make sure there is enough money in my account even if it means borrowing from someone. The service cost me only £15 per year, and it works every

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Removed commercial link.
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