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    • please dont use hosting sites. copied and attached as per our upload guide. dx  
    • Another update - just had another round of Text messages, Emails and letters. Physical  letters still going to the old address (forwarded by royal mail). All messages were exactly the same as the previous round with threats of CCj's, Attachment of Earnings, Warrant of Execution, Bankruptcy and Charging Order. Seems to be a 2 week pattern of 1 week letter, following week email - texts seem to be a bit more randon, but always over 10 days between each one.  Not sure if IDR are working diligently behind the scenes to recover monies from me,  or are just spamming me in the hope that i stick my head above the parapet
    • Here  (edited for personal information).    Claimform.pdf filed defence.pdf
    • 1. the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx 2. the dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with 3. the debt was legally assigned to the claimant on 18-03-21 notice of which has been given to defendant  4. the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£ defence. The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Should the amount be the figure in the particulars or the final figure with the added fees Should the amount be the figure in the particular or the final amount with fees added
    • post it up here first for checking please dx  
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

I have an insurance backed guarantee with the above. I didn't know for the last eight years as the insurance company who fitted our windows and doors didn't leave us details. Fensa put us onto the above who confirmed we have a policy with them.

 

Mid jan our font door lock failed, and we couldn't open the door. QANW insisted we fill out a claim form they were sending us and post it back. They would then check our policy and if we were covered, send someone out to investigate and instigate a repair if it wasn't down to misuse or wear and tear. I pointed out our front door was needed for health and safety, and they said I could get someone myself to fix it and send them a copy of the invoice with the claim form.

 

I did this, got it fixed and sent it all off. I'm. Still waiting for them to confirm if the claim is covered, they are claiming to be waiting for a report from the guy who fixed the door outlining the cause of fault. They say they will only so this via writing and they say they won't phone him to request the information to speed it up. He told me he had nothing by post and he has emailed them at the address I have supplied him. They say they still haven't got anything. Is this a delaying tactic?

 

He said this is the first time anyone has ever checked up on work he has done on behalf of insurance companies. Meanwhile I am out of pocket by 200 on a door that I have insurance on that they should be sorting.

 

I am not happy with them already as they refused a claim last year on the door. The drain holes were cut too low and they didn't meet the drains so water was backing up and back into our house, causing damage. They said they refused it as their engineer they sent said it was down to blocked drains. This wasn't the case as the debris was removed and still the water didn't drain. Because they refused it I had to resort to drilling new drain holes where they should be and water shot out of the door for a while, proving it wasn't down to blocked drains.

 

I want to do a sar to get details of me and my policy I have with them as well as details of claims they have logged as I am really not happy with their service. Any ideas of what I put in the letter?

Edited by porkyp1g
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Suggest a complaint in writing.

 

http://www.qanw.co.uk/pg-contactus.php

 

If you complaint has been outstanding for a while now, you are able to ask the FOS to intervene, if the Insurers have not resolved any complaint within 8 weeks. So tell QANW that you are fed up with them not dealing with your complaint situation properly and will ask the FOS to take over the complaint, if it is not resolved within say 14 days.

 

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 4 weeks later...
Suggest a complaint in writing.

 

http://www.qanw.co.uk/pg-contactus.php

 

If you complaint has been outstanding for a while now, you are able to ask the FOS to intervene, if the Insurers have not resolved any complaint within 8 weeks. So tell QANW that you are fed up with them not dealing with your complaint situation properly and will ask the FOS to take over the complaint, if it is not resolved within say 14 days.

 

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

After all this waiting, they've rejected the claim. They reckon that the firm who fitted my windows and door only covered the frames and sealed units. Even though they knew from the outset that the problem was the locking mechanism on the door, they didn't indicate early on that it wouldn't be covered. They still asked for cause of defect from the repair man. He said that this is the first insurance company he has come across that have done this. After all this time, now they have decided it's not covered.

 

What I find odd is that they don't appear to have my paperwork to hand when you first contact them. They seem to want claim forms before the look into what is and what isn't covered.

 

Anyway, I have a document that said the company also guaranteed glass, LOCKING MECHANISMS and gaskets. I have sent this in along with an appeal letter, so I'm hoping this will be enough to convince them the faulty door lock is guaranteed and should be covered.

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These warranty type companies seem to operate on the basis that they don't pay many claims. Expect another reply which point to another clause in the policy to say why the claim is still invalid. If they do that, they you will have to see if the FOS will take over the complaint for you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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It's like they are looking for anyway out of the claim possible. I think they reject many claims in the hope people will go away, and probably many do. They seem to want all my details of cover every time I claim, shouldn't they have all this to hand. One thing that makes me think they are clutching at straws is the fact that they didn't reject the claim as soon as they knew it was the locking mechanism.

 

The oburdsmen is the next option if they still try and wriggle out of it, but with the document clearly stating locking mechanisms are covered, it would be stupid of them to reject as if the oburdsmen gets involved, doesn't that mean they get charged by the ombursdmen?

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