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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hastings Direct/Smartmiles


dazegan1
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hi I am writing on here because I am at my wits end. Hastings have done nothing but pass me from pillar to post, the have even told me lies ,which can be proved as they have told me they record all phone calls, unless that is yet another lie, this will be my second post today ,my first was to watchdog, hopefully someone can help me sort this out,i will also be looking to see where else I can post my experience.my son had a head on collision on the 6 sept it is now 21 sept,I will not mention any names etc,only the relevant information, the liability is still under dispute, however the accident investigator is confident we can prove my son was 100 % not at fault, any way the car was classed a total loss within a week, so the nationwide courtesy car was taken back, but was replaced with a car from Albany assistance which he is still using. This is a bit muddled up sorry, Hastings were on the verge of accepting 50/50 until I explained the photographs in detail, also my son has the black box fitted which records data, speed braking etc. etc,so after some digging around and numerous phone calls the decided to send the investigater.he is the only person we have spoken to that is interested in getting the truth.in the mean time Hastings say they will take my sons excess of 640 plus any remainder premiums on the policy from the cheque, that will leave him with around 50 to buy another car, but its ok according to Hastings because his insurance wlll be paid up to renewal date, no good when you haven't got a car to insure. so top and bottom of it ,you are only insured until you have a total loss then its your future premiums that are insured, so Hastings get my sons excessively high excess and his remainder premiums totalling around 2240 all in. then they will be able to claim all that back from the third party, so its a win win situation for them, they basically get paid twice if you have a total loss, even if you're not at fault. oh also forgot to mention we received a letter increasing his premiums by 200 a month, when I checked this they said his mileage had increased from 5000 to 10,000 for the year ,he has only been driving 3 months and the smart miles policy allows you up to 15,000 per year. I disputed this they told me it was an error and the premium was ok and would remain the same, that was a fri ,I then actually got a phone call Mon saying they had made a mistake and the underwriters needed to see the last 2 mot certificates to prove mileage even though he's only had the car as long as his license 3 months, I argued the case then emailed them the mots, eventually the amended it again back to the original premiums. I did ask who the underwriters were as I was so angry they lied to me ,I was told by 1 person that Hastings are the underwriters (I have taken their names as well) the when I asked someone else on a separate phone call I was told it was advantage ,so another lie or really poor customer service either way totally unacceptable. There is more to write and I have more paperwork that is utterly disgracefull,i want to warn every one about their customer service ,hopefully watchdog will be in touch with me to help me sort this out, like I said there is a lot more im just so tired of being lied to and mislead, my phone bills are horrendous,gonna have to leave it at that its making me angry the whole mess, its not even my sons fault ,he is not part of their statistics young drivers, his smart box has recorded him ads an excellent driver..........

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please use the edit post icon in the bottom grey toolbar below your above post

 

to add blank lines and sentences.

 

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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Hi Dazegan1, Thank you for taking the time to post in such detail about the problems you and your son have been having during this claim. We would like to investigate this matter further for you and hopefully get this all resolved, can you please contact us directly and provide your policy details? [email protected] Many Thanks, Jamie

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Strictly speaking the excess is an uninsured loss. Its your son's contribution to the cost of the claim so its your son that will get this back if deemed not at fault. Some insurers waive it as a courtesy (usually in cases where liability is clear cut) but they won't do it on a disputed case.

 

The Nationwide courtesy car was provided by the garage (Nationwide) as a courtesy for the duration of the repairs. As the car is a total loss, it won't be getting repaired and therefore won't be staying at Nationwide, which is why they took their car back. The car from Albany Assistance is being provided to your son on a credit hire basis. Again strictly speaking your son is liable for the cost of the hire car (he will have signed an agreement saying that), but Albany will attempt to recover those costs from the other side.

 

Without seeing the insurance contract it seems the terms are that it is an annual policy, which is being paid off on a monthly basis, which is probably why they have deducted the remaining insurance from the settlement.

 

Going back to the claim, is liability as certain as you think it is? What actually happened in the accident?

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Reading between the lines (well into the single paragraph anyway), the car was fitted with a black box sensor. Getting confirmation that it was functioning correctly should be your first port of call.

 

Following that, copies of the results of the data that was recorded at the time, along with any independent witnesses.

 

Does the other side dispute what occurred or is it simply the insurance company taking liberties ?

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  • 1 year later...

A new thread will be started for Nicolah and a link left back here.

 

Link for Nicolah

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447955-Help-with-Hastings-Direct-Smartmiles

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  • 9 months later...
  • 3 months later...

avoid avoid avoid

 

Horrific experience ,Only wish I had read the reviews before I paid my money.WORST AVAILABLE BLACK BOX POLICY EVER . CHOOSE A DIFFERENT COMPANY

This policy made my nerves bad , Made my daughter feel like she was on tag. Ruined the whole pleasure of being 18 enjoying the summer holidays with a new car. policy says no curfew however be out a minute past 10pm and you are penalised . constantly terrified that they will cancel your policy therefore making it impossible to ever get insured again Had to cancel the policy within 2 weeks and lose over £250 as box was fitted and go elsewhere . Choose direct line or churchill they only review the box data at end of policy no emails or cancellation threats . Smartmiles is not worth the stress of feeling like a criminal.

This is the WORST AVAILABLE BLACK BOX POLICY EVER . CHOOSE A DIFFERENT COMPANY ALSO WORST COMPANY FOR KEEPING YOU ON HOLD 40MINUTES

I am sure they make money from these calls they are not free 10p a minute 3 calls £12

I hope this review helps someone not lose and waste their money like I have

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