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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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Overdraft sold debt passed to Northampton CCBC


GLoyal
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Good afternoon,

 

A long time ago I tried to claim unfair bank charges from the BOS.I left the bank before I started the process and moved to Nationwide and have been with them and them only since 2006.

 

They sold the overdrawn accounts debt I had on and I have been chased by connaugt and 1ST CREDIT (Finance) 5 Ltd and then to 1st Credit Finance Ltd.

 

I have now been sent a Calim form from them by Northampton (ccbc).The Particulars are:The claimant claims £****.02 for debt and interest.

 

The defendant was granted an overdraft facility from **/**/1995 with Bank of Scotland PLC under A/C No. ******************.

 

Bank of Scotland PLC demanded payment at that time.The account fell into default on 25/11/2008 with a balance of £****.39

 

On **/07/2012 the debt of £****.39 was assigned to 1st Credit (Finance) 5 ltd.on **/11/2012 The company changedits name to CAI Finance ltd and assigned the debt on **/06/2013 to 1st Credit (fINANCE) ltd.

 

Notices of Assignment were sent to the defendant in compliance with s136 Law of Property Act 1925.AND THE CLAIMANT CLAIMS1.

 

The sum of £****.392. Statutory Interest of £***.** pursuant to s69 County Courts act 1984 at a rate of 8% per annum from **/07/2012 to **/12/2013, and thereafter at a daily rate of 0.37 untill Judgement or sooner payment.

 

The charges on this account were nearly £3000.I have only ever replied to 1st credit in all their guises stating that the debt should never have been transferred as I was in dispute with the Bank of Scotland over the debt.

 

Can someone please help or advise me what to do next?

Edited by honeybee13
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Hello there.

 

I'll put in some paragraphs for you. You could try hitting the return key twice instead of once, that sometimes helps.

 

In amongst what you said, did you tell us the date the claim was issued please? Top right on the form.

 

HB

Illegitimi non carborundum

 

 

 

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Hello there.

 

I'll put in some paragraphs for you. You could try hitting the return key twice instead of once, that sometimes helps.

 

In amongst what you said, did you tell us the date the claim was issued please? Top right on the form.

 

HB

 

Thank you.Issued on the 16th of December.

I have registered on the MCOL site.I'm not sure if I can counter claim my bank charges from Ist Credit, or what to do next.

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Is there anything I need to be armed with to counter-claim?What are the next steps?Is it a pointless excercise?Also, there is a fee to counter-claim, is it a fixed fee or a percentage of the claim?

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If you counterclaim you have the same obligations in respect of your counterclaim as the Claimant does with the main claim so you will have to be able to prove your counterclaim with evidence on the balance of probabilities. It's certainly not a pointless exercise but naturally whether you win or not remains to be seen.

 

In terms of fees I think you will have to pay a flat fee, which should be referred to in the documents you have from the court, unless you are on certain benefits so can get a fee remission.

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No benefits. My dispute is the bank started planting bank charges on top of bank charges, sometimes four in three days, then they upped the amount of charges, then started applying random amounts.Here is just a small section of the charges to show the variation...................................................................................................£20.00 £20.00 £20.00 £28.00 £30.00 £35.00 £35.00 £93.00 £35.00 £30.00 £30.00 £63.00 £30.00 £100.00 £30.00 £28.00 £35.00 £28.00 £35.00 £35.00 £70.00 £35.00 £35.00 £70.00 £35.00 £35.00 £35.00

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You may want to firstly check the statements against your terms and conditions to see if the charges have at least some basis in the contract or whether they really are random.

 

They were just listed as bank charges.

 

I have not used this bank account for nearly 8 years.

The debt has been moved from one dca to another. Should I register a notice of service or a defense on MCOL now?

 

 

 

...........Not sure how all that works to be honest or if I have any chance of defending against this debt.

Edited by GLoyal
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They were just listed as bank charges.

 

I have not used this bank account for nearly 8 years.

The debt has been moved from one dca to another. Should I register a notice of service or a defense on MCOL now?

 

 

 

...........Not sure how all that works to be honest or if I have any chance of defending against this debt.

 

 

 

 

Would it not be statute barred then?

 

 

Does it appear on your credit register files?

 

 

Regards

 

 

Andy

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Would it no be statute barred then?

 

 

Does it appear on your credit register files?

 

 

Regards

 

 

Andy

 

No, Nothing shows on my credit file.

The account was opened in Scotland, but I then moved to England where I now reside.

Not sure if the difference in law would affect this.

 

How should I respond to MCOL?

 

It asks for

"Please state your defence in a maximum of 122 lines in the box below.*"

Edited by GLoyal
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No, Nothing shows on my credit file.

The account was opened in Scotland, but I then moved to England where I now reside.

Not sure if the difference in law would affect this. That would make it 5 years and is now Statute Barred.

How should I respond to MCOL? You must submit the Statute Barred defence on time

It asks for

"Please state your defence in a maximum of 122 lines in the box below.*"

 

 

Regards

Andy

We could do with some help from you.

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Regards

Andy

 

Many thanks Andy (and everyone else.)

 

I have been suspicious of their timing on this one.

The cynic in me thinks 14 days before the end of the year is timed to attempt the issue to slip.

 

I have submitted defense under Statute Barred.

 

The entirety of the alleged debt was made of charges and caused by those charges.

The demand was before the 26th of June 2007, so outwith 6 years since I had any payments or acknowledgement.

 

We will see what the new year brings.

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You may wish to consider contesting jurisdiction if this is a Scottish contract.

 

I have no contract, it was an overdraft hammered by bank charges.

 

I have used another bank for over 8 years, and never accepted that the alleged debt was lawfull as it was made up of these charges.

 

I've put in the statute barred defense now and saved it.

 

What are the next likely outcome/actions?

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Steer clear of jurisdiction defence...it wont be required. They have 28 days to respond to your defence or the claim is stayed. If they do respond then it will transferred to your local county court....we can deal with that if and when.

We could do with some help from you.

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  • 1 month later...

I have my court date in now.

 

This falls on a date where I am unable to attend due to annual leave not being granted.

Is this a valid reason?

 

I have called the court and informed them and they advised me to send in an email and put on why I cannot attend and what my defence will be based on.

 

 

How would I make sure this is subject to Scottish law (5 years) and not English Law (6 years)?

 

Would I be better employing a lawyer?

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I would advise attending at any cost...purely to present your defence. Its really for the court to decide if your reason for none attendance is valid.

 

 

If you could update with what has transpired since you submitted your defence and any response and your reasoning for questioning whether Scottish law is applicable?

 

 

Regards

 

Andy

We could do with some help from you.

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I have received a pack from the claimant listing the activity on the account.

Their case states there was a payment into the account in February 2008. This was my last salary before I changed to my current bank.

My reasoning would be that this would be statute barred in Scotland, but not in England. 5 years or 6 years.

 

They have included bank statements from 2005.

Also, extracts from the banks terms and conditions regarding Bank Charges and Interest.

 

The Branch Address is still in Scotland, I never changed Branches.

The interest is listed at 0%, although the account is littered with Interest debits.

The charges do not line up with the guidlines listed. ie They state £30 charges, yet they were charging £39, £73, £100, £20, £28, £30, £39 which was what I disagreed with.

 

I will post up the wording of the letter later.

 

Thanks

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If you could I would like to see any reference if any to your claim it is statute barred.

We could do with some help from you.

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