Jump to content


  • Tweets

  • Posts

    • 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)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3636 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This is my first post on this site. I hope someone has some good advice for me.

 

My wife was parked on the side of the road, stationary, when a van passed by and hit her, scraping 2 panels. It was a commercial vehicle. She was 8 months pregnant but luckily there were only scratches to the paintwork. The van driver stopped, came over and apologised. He wrote his name and number and told my wife to call him if we needed repairs. I took the car to my local BMW dealer for a quote. They asked if the 3rd party was at fault and I said they were and had pretty much admitted it. BMW offered to 'take care' of the whole thing and told me not to even contact the 3rd party and not speak to any of their representatives under any circumstances as it would damage the case. They had a whole team waiting to deal with it and it's all part of their repair service to take the strain off their customers.

I trusted BMW and agreed.

 

They then passed my details to accident Exchange without explaining who this company is. Accident Exchange then offered me a replacement car they told me the other insurance would pay. They also told me not to worry, that they will investigate and handle the claim, that we're not at fault and that I should not speak to anyone from the 3rd party or accept anything they might offer.

 

I was not explained the process or the risks of going with them or even who they are and their relationship to BMW. I was not given a quote for repair or the car hire or an idea of what the total claim would be. I was just told that it would be covered by the other side. In fact the estimated time for repairs was extended by BMW twice while I had the hire vehicle. I had to call to find this out, and I was then told not to worry about the additional days of car hire, that this was normal and that the other insurance would still pay. It was within acceptable limits for this kind of repair job.

 

2 months after the accident and over a month after the repairs had been completed we receive a call from Accident Exchange. They could not recover their full costs from the other insurance and it turns out the other party is not accepting liability. Instead he is claiming my wife reversed out of the parking spot into him as he passed. This is not the case at all, she was stationary the whole entire time.

 

First, Accident Exchange tried to put words in my wife's mouth and suggest she had inconsistencies in her story and that she was at fault. Then on a call they implied I would be liable for costs if they can't recover them. They backed down when I referred to terms that had been clearly read to me earlier on. When I asked them why they didn't even investigate the claim and establish liability before going ahead and incurring costs, they said that is how the insurance business works- they have hundreds of claims and don't have time to investigate, especially if it takes 2 months for the other party to make their statement. That's the way they work and there is nothing wrong with doing it that way.

 

In the end Accident Exchange agreed a 50/50 liability with the other insurers and have 'on my behalf' recorded a 'fault' incident against my wife in the insurance database. I told them I don't agree and do not give consent to do this, but they said they were going to do it anyway because they can't prove who's version is true. As a result my insurance premium will go up £250 this year.

 

It seems there is not a lot I can do about this, but I thought I would ask for suggestions on here:

Who should I be most angry with? BMW, Accident Exchange or the 3rd party who is lying?

Can Accident Exchange just enter whatever they like into the insurance records without my consent? It's not my fault they did not investigate or build a bullet proof case before incurring costs and contacting the other party.

How can they tell people not to speak to the 3rd party and then not contact them themselves until the very end of the process?

How can BMW breach the trust of their customers so fundamentally and pass them to a third party that does not follow any BMW service standards or do due diligence before incurring costs?

How can someone drive into another car and apologise and then take 2 months to write a statement that denies any responsibility and get away with it so easily? Can I take them to court?

 

My insurance is up for renewal in the next week and I don't know if I should just pay the extra and be done with it or fight to have the 'fault' record overturned.

 

Please help.

Link to post
Share on other sites

Apologies, not much help I can offer after the fact, however:-

 

 

1) Be angry with yourself, you allowed BMW/AE to take advantage of you

2) Accident exchange are not an insurer, they cant add anything to your insurance records themselves. There is no such thing as the 'insurance database'.

3) They told you not to contact the TP (third party) because if you had they might have just offered to pay for the repairs themselves (again), denying AE the chance to make a profit

4) BMW can do what they like within the bounds of the law, they're not a charity. It sounds like they've used you, be sure to tell this story to anyone you know who even thinks of buying a BMW.

5) The TP probably took 2 months to write a statement because they were expecting a call from your wife, not accident exchange. It's not especially difficult for an intelligent person to deny responsibility if no witnesses/cameras are present. You might want to consider front/rear cameras for the future, you can get good ones quite cheaply that constantly record then save footage if a collision occurs. You certainly can't take the TP to court anymore, you have no accident related losses to recover, AE took care of that.

 

 

If your insurance has gone up its because of your insurers, not AE. It's probably too late to do anything about it now, I imagine the decision has been made. I'd suggest you call them tomorrow, advise your wife denies reversing and ask if they have any flexibility. I suspect they'll tell you it's now a done deal but it's worth a try. Since you didn't mention your insurers until right at the end is it possible they don't even know about this incident? If so your renewal premium will not increase (beyond inflation etc).

Link to post
Share on other sites

Apologies, not much help I can offer after the fact, however:-

 

 

1) Be angry with yourself, you allowed BMW/AE to take advantage of you

2) Accident exchange are not an insurer, they cant add anything to your insurance records themselves. There is no such thing as the 'insurance database'.

3) They told you not to contact the TP (third party) because if you had they might have just offered to pay for the repairs themselves (again), denying AE the chance to make a profit

4) BMW can do what they like within the bounds of the law, they're not a charity. It sounds like they've used you, be sure to tell this story to anyone you know who even thinks of buying a BMW.

5) The TP probably took 2 months to write a statement because they were expecting a call from your wife, not accident exchange. It's not especially difficult for an intelligent person to deny responsibility if no witnesses/cameras are present. You might want to consider front/rear cameras for the future, you can get good ones quite cheaply that constantly record then save footage if a collision occurs. You certainly can't take the TP to court anymore, you have no accident related losses to recover, AE took care of that.

 

Thanks!

1) I am angry with myself, but at the same time I would have expected more from BMW. Had their brand not been there I wouldn't have been so trusting.

2) I think they just agreed it with the 3rd party insurer and the insurers must have done it. I'm assuming this anyway as I've no way of checking.

3) It appears so. But they should have contacted them right away and verified who was liable right from the start, right? Are they not bound by due diligence? Who is this Financial Conduct Authority who supposedly regulates AE?

4) Well, it does make me happy that this forum is very visible in Google results! Hopefully it may prevent others being duped.

5) I consider my increased insurance premium to be a direct loss associated with his false statement. I need to overturn it so I'm not paying more for someone else's lies and malpractices.

 

My insurance is up for renewal. I compared the prices with and without the incident detailed. That's how I know it will go up. Essentially I have to declare an 'at fault' claim to comply with the law, even though I'm not at fault and do not accept any liability what so ever. I tried calling the insurers to explain- both mine and the cheapest alternative. Both said they can see my frustration but they can only go on what AE/ the 3rd part insurance puts on there. If I have an issue with it I need to go to AE- I've had a call with them to no avail and I'll try a letter next. Interestingly because no claim was made against me or my insurance, I still have my no claims bonus and my insurance is treating it as 'no fault' at the moment - and they know about the incident, it just doesn't concern them.

Link to post
Share on other sites

If you are certain no claim was made on your policy then you can safely answer 'no' to the question 'have you made a claim on your policy in the last x years'. The fact that a profit making organisation were unwilling to go to court for 100% of their inflated charges is not your responsibility - they made the decision to incur costs, probably on the basis that even on a 50:50 they still at least break even. Provided your own insurers didn't pay a penny you're in the clear. I take it you didn't receive an auto-renewal quote from your own insurers?

Link to post
Share on other sites

Ahh the credit hire scorpion strikes again...

 

Ignoring the credit hire for a moment, hypothetically if this found its way into a County Court how would you prove:

 

a) Your wife's version of events is the only possible way the damage could have occurred

b) The other driver's version of events was impossible or highly unlikely

c) The other driver is making a false statement

 

This is a case of your wife's word against the van driver's. If it went to Court both your wife and the other driver would give evidence and ultimately without an independent witness or CCTV/in car camera footage, that's all the Judge will have to go on. In all likelihood he/she will find the evidence is inconclusive and therefore liability is split 50% with both parties to bear their own costs... This is why AE haven't gone to Court.

 

They might have done if the other side didn't agree to 50/50.

 

The risks of the process are basically one clause in the credit hire agreement you signed. I've got one of AE's agreements in front of me and if yours is the same then it's clause 5.4.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...