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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.  

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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.

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Mistaken (at best) Insurance Claim


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Well pay them the £10 and ask them for a complete copy of their records, including everything within the file as well as screen prints of all entries and comments added. It will cost them more than £10 to do this, but if that is they way they want to handle it. I suspect it is covering their backs, as the SAR is a legal request for information which they cannot refuse.

We could do with some help from you.

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Thanks for that. I hadn't thought of it that way but it appeals to my evil side :evil:

 

In their latest letter, DL say that they're expecting to close the claim at the end of February but they've said that before. Is it reasonable to assume that the closed claim will not have any impact on any future insurance quotations with them or anyone else or do I need to ask them to do anything specifically?

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Thanks for that. I hadn't thought of it that way but it appeals to my evil side :evil:

 

In their latest letter, DL say that they're expecting to close the claim at the end of February but they've said that before. Is it reasonable to assume that the closed claim will not have any impact on any future insurance quotations with them or anyone else or do I need to ask them to do anything specifically?

 

You would have to ask them about the status of any closed claim, as it would appear on the CUE (claims underwriting exchange) database. You need to know this, so you can properly disclose it in any future insurance declaration.

 

Technically, if they close down the claim because they believe no liability has been established by the third party, it is still possible for the third party to come back within 3 years for a personal injury claim. You almost want the third party to take you to court, so you can prove that you were not involved in any accident with them. Case closed !

 

It will still be a mess and could affect premiums, because Insurers tend to apply loadings for non fault claims or 'incidents'. You will not be happy with this, as you were not involved in this accident. Legally I am not sure what you could do. If there is a way it will cost money which you probably would not get back.

We could do with some help from you.

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Seems like even more reason to go after the third party and their solicitor. Previously I just wanted to do this to give some of their own medicine but it looks like I may have to do so to "clear" my name.

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Seems like even more reason to go after the third party and their solicitor. Previously I just wanted to do this to give some of their own medicine but it looks like I may have to do so to "clear" my name.

 

 

 

What do you mean by "go after the third party and their solicitor"?

 

It looks like Court proceedings are going to be issued against you but if you can prove where you and the car were that would be the main point of your Defence.

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What do you mean by "go after the third party and their solicitor"?

 

It looks like Court proceedings are going to be issued against you but if you can prove where you and the car were that would be the main point of your Defence.

 

Possible but it looks less likely. It seems that the claimant's solicitor is unable to get instructions from their client. This merely increases my suspicion that the claim was an attempted [problem]. Moreover I'm far from satisfied that the claimant's solicitor took sufficient steps to validate the claim before firing off letters and threats. Of course I would be more certain of the position if Direct Line kept me properly informed and coped me correspondence that I've asked for three times in writing.

 

I intend to take whatever steps are necessary to a)make sure that this matter does not affect my insurance premiums; b) establish why DL have dealt with the matter so poorly; and c) recover my costs from the claimant and/ or their solicitor and establish whether this was an attempted fraud.

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Have you thought about contacting the Police force where this accident is supposed to have taken place, to see if their team that deal with these vehicle insurance type fraud situations wish to investigate. You never know, your information may be the missing part of the jigsaw which forms part of other similar reports and enables the Police to take action.

We could do with some help from you.

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Thanks for that. I'll contact them.

 

I did report the matter through the Action Fraud website a couple of months ago but they gave me a crime reference number but haven't been in touch. Having said that, the website doesn't allow you to give much detail about what happened.

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The DL Claims Dept called me today and told me that they've spoken to the claimant's solicitors who have taken instructions. They are instructed to continue to pursue the matter.

 

DL told me that there's now no chance that they'll be able to close the claim by the end of this month and, in theory, this could all drag on for 3 years.

 

It's now been more than 6 months since the "accident" and I haven't seen a single shred of evidence to suggest that I or my vehicle were involved in it.

 

In one sense I'm not bothered as I can prove where I was but, on the other hand, I am getting completely fed up with this continuing. Is there anything at all I can do to bring this matter to a head? I'm quite happy to pay a solicitor but I would like some idea of what they could do to help.

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The problem is that absolutely nothing seems to be happening. The claimant's solicitors take an extraordinary amount of time to get instructions from their client and yet have been unable to produce any evidence whatsoever that my vehicle and/or me and/or my wife were involved in the "accident". I think DL are as bemused as I am peed off about this. I want to find a way to force their hand as I think they are being vexatious for reasons I've explained earlier in the thread.

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Well if the Police local to the accident are advised of this possible fraud, that might be a game changer. But it is persuading the Police to investigate which may not be easy. I expect that they will tell you that it is up to DL to report it them, as the fraud is potentially against them, with you just enjoying (not) the ride.

We could do with some help from you.

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I know how long it can take to get instructions from a Client, sometimes they just don't play ball. At a pre-issue stage it just protracts the whole affair however if this gets to Court there will be deadlines to keep to so the other side solicitors will have to do much better.

 

What's surprising to me is that the other side solicitors haven't approached you to prove your car wasn't involved in the accident, given that's the dispute. If I was that solicitor, regardless of whether I had instructions from my client or not I'd be on the phone to DL asking for evidence from you that your car wasn't involved. That would allow me to assess the strength of your defence before taking this to Court and advise the client accordingly.

 

Do you know what they're claiming for, is it just injuries or is there damage and car hire as well? (apologies if you've said this before)

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I know how long it can take to get instructions from a Client, sometimes they just don't play ball. At a pre-issue stage it just protracts the whole affair however if this gets to Court there will be deadlines to keep to so the other side solicitors will have to do much better.

 

What's surprising to me is that the other side solicitors haven't approached you to prove your car wasn't involved in the accident, given that's the dispute. If I was that solicitor, regardless of whether I had instructions from my client or not I'd be on the phone to DL asking for evidence from you that your car wasn't involved. That would allow me to assess the strength of your defence before taking this to Court and advise the client accordingly.

 

Do you know what they're claiming for, is it just injuries or is there damage and car hire as well? (apologies if you've said this before)

 

My suspicion is that the Solicitors are part of this attempted fraud. As soon as they hit on any problems, they play a game to string it out, so that they are not caught before moving on. There have been plenty of prosecutions for Motor Insurance fraud, where a gang of people have had Solicitors and Doctors working with them, taking a cut of the money they manage to get out of Insurance companies.

We could do with some help from you.

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My suspicion is that the Solicitors are part of this attempted fraud. As soon as they hit on any problems, they play a game to string it out, so that they are not caught before moving on. There have been plenty of prosecutions for Motor Insurance fraud, where a gang of people have had Solicitors and Doctors working with them, taking a cut of the money they manage to get out of Insurance companies.

 

You're right it could well be that...

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And of course, getting crucial information from this thread? B*stards they are. I feel for you. I really do.

 

Possible. You never know, but perhaps Direct Line have contacted the Police about a possible fraud and just cannot tell their policyholder. I can remember many years ago dealing with a motor insurance claim, where the Police were notified by us and we were in regular contact with them. But we were told not to disclose to our policyholder that the third party was suspected of attempted fraud. So it became very difficult when our policyholder phoned about their case, particularly when they asked about what was happening in regard to the third party.

 

So if the third party or anyone connected to them is reading this, then they should be aware that investigations may be ongoing and if they are involved in anything illegal, they could be found out.

We could do with some help from you.

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Finally! My insurer has just told me that the claimant's solicitors have withdrawn the claim because "they have been unable to obtain instructions from their client".

 

Thanks for everyone's advice here.

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Brilliant news. Goes to show that just have to stick with things. :)

Something that you might want to seek clarity on is that there are no details held on the claims underwriting exchange CUE that would be detrimental to your future insurance.

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Brilliant news. Goes to show that just have to stick with things. :)

Something that you might want to seek clarity on is that there are no details held on the claims underwriting exchange CUE that would be detrimental to your future insurance.

 

They've given me that assurance verbally. Needless to say I'll be asking for it in writing:suspicious:

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Glad some progress has been made. The claim won't be deleted, so it will still appear on CUE, meaning you will have to disclose to future Insurers for 5 years. The important bit is what status will be attached to the claim when closed off. I suspect it will be non fault- no liability proved or something like that.

 

Make sure the claim status is clarified, so you know what you have to declare.

We could do with some help from you.

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Glad some progress has been made. The claim won't be deleted, so it will still appear on CUE, meaning you will have to disclose to future Insurers for 5 years. The important bit is what status will be attached to the claim when closed off. I suspect it will be non fault- no liability proved or something like that.

 

Make sure the claim status is clarified, so you know what you have to declare.

 

Thanks for this. Does that status mean that the "claim" will not have any impact whatsoever on future insurance quotations? If that's not the case then it's unacceptable to me.

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Thanks for this. Does that status mean that the "claim" will not have any impact whatsoever on future insurance quotations? If that's not the case then it's unacceptable to me.

 

A closed non fault claim will have some impact with current and future Insurers for a few years. The only way it won't have any impact is for the claim to be deleted from record.

We could do with some help from you.

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A closed non fault claim will have some impact with current and future Insurers for a few years. The only way it won't have any impact is for the claim to be deleted from record.

 

Can I insist that it is deleted? If they refuse do I have recourse to the Ombudsman or the court?

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Can I insist that it is deleted? If they refuse do I have recourse to the Ombudsman or the court?

 

No I don't think you can. I am not sure FOS or court would get involved. Your Insurers received a claim from a third party, where the liability has not so far been established. You may have evidence that you were in a different part of the country at the time of the alleged accident, but I am not sure whether the FOS or court would order the claim to be deleted.

 

Perhaps the way forward with your Insurers is to threaten them with a complaint to the ICO, if the claim is not removed. If you can evidence that the claim accident is nothing to do with you, then perhaps the ICO would think that under the Data Protection act, it is reasonable for inaccurate data to be removed.

We could do with some help from you.

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