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    • I’ve seen a few threads on this already and unfortunately I’m in a similar situation through my own idiocy and stupidity,    I received a letter asking me to attend a telephone interview and provide statements for “ may to august 2020 “as they have information to believe “mr x” is living at the address... the interview is next week   Every single document they have asked for is in his name, I feel so stupid for this I was going to ring up and Cancel my award but with the pandemic and worry over income I made the awful mistake of not doing so,    unfortunatey for various mental health, personal reasons i have also been claiming before this period, our relationship hasn’t been stable but we have always remained friends since we had a child together in 2015, I’m petrified they are going to ask to go back that far and the bill is going to be awful,    I want to just ring up and own up to my partner living here during those dates but I want to know if they are then going to go digging for anything previous to that?    what I’ve done is wrong and awful and I want to own up, but I’m so scared and nervous that if I own up to the previous few years too my bill will be so high and I will go to prison , what’s worse is that my partner doesn’t know I’m still claiming he told me ages ago to stop but life just got on top of me and I suffer with ptsd and anxiety and one thing led to another  putting it off   i won’t be entitled to any award as my partner now earns above the threshold for this   do I just stick to owning up about the dates they ask or do I tell them about the previous years claims by telling them the exact date he moved in   to compile the misery on this we decided to make a proper go of it and got engaged in January this year so it’s just another thing that they will find if they dig enough as the venue is now booked for 2022   im so ashamed and embarrassed by my actions i feel like there is no way up for air from all this and I don’t know which way is the best route to take, why oh why didn’t I chance it when intended too earlier this year
    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
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Ageas and Tesco allow thier insured to cause a accident and then try and deny liability for damage**SETTLED**


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I bought a salvage vehicle earlier this year.

 

 

Repaired it.

 

 

It was a cat.

 

 

Then later on the car was reversed into by a tesco insured driver.

My vehicle was taken away to the body shop while i had a courtesy vehicle.

 

 

Two weeks later i was told that as my vehicle had been involved in a previous accident

and the damage had not been fully repaired.

 

 

My insurance company offerred me £100 as salvage and told me the vehicle would be a cat c.

 

 

I asked for the engineers report which stated that the damage was similar to the damage the vehicle had sustained in a previous accident

and that the vehicles value was £1000 plus the mileage quoted was incorrect as the car had only done 68000.

 

 

The engineers reoprt stated that the milage was 83000.

 

 

I told my own insurance company about this and they said chase tesco who will be able to handle this claim .

 

 

I then contacted tesco who have sent me from pillar to post.

I.e Wanting proof of repair,

Where the repair happened,

How much i paid etc.

Where the parts came from etc.

 

 

I got a letter of the garage who repaired it.

 

 

over the 3 months i have been given the run around.

 

 

Something i found out earlier this week.

 

 

My vehicle has had a cat c marker placed on it by my own insurance company who will not remove it

until tesco place their own category marker on it.

 

 

MY company is ageas and the policy underwriters for the third party are ? youve guessed it Ageas.

 

 

Tesco came back with a offer of £290 after their own engineer came out to inspect.

 

 

Then after waiting for 2 weeks for this payment to arrive which i was going to reject.

 

 

i phoned up only to be told that i claimed major damage to my car where as there was minor damage to it.

 

 

So now it is being further investigated.

 

 

What do i do ?

So whats cooking today ?

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I don't think there is a corporation anywhere in the world that attempts to squirm and wriggle out of there responsibility whilst charging an arm and a leg, as the insurance industry.

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I think what has happened is that Tesco do not want to pay out on this as they are trying their best to wriggle out. Using the reason that the car has been involved in a previous accident.

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I think what has happened is that Tesco do not want to pay out on this as they are trying their best to wriggle out. Using the reason that the car has been involved in a previous accident.

 

Suggest sending your Insurers a complaint letter giving them one last opportunity to settle the claim for the value the car is worth (give them a value) or to issue their final response, so you can immediately ask the FOS to investigate.

 

If you did not know of the car being registered as a write off previously with DVLA and the nature of the repairs, then I am not sure the FOS would see the claim in the same way as the Insurers. Have a search on the FOS about claims involving previous write offs.

We could do with some help from you.

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Have just recieved a copy of tesco's own engineers report and the contact details for them are as follows :

 

Tesco Bank Insurance

Ageas house

Hampshire Corporate Park

Templers way

Eastliegh

Hampshire

SO53 3YA

 

Also the report is headed Tesco Underwriting fax The details for them are :

The square , Gloucester Buisness park, Gloucester, Gloucestershire, GL3 4AD

 

But when i have gone onto Ageas insurances own page i get the following details (bearing in mind my insurance company is Ageas)

 

Ageas Insurance

 

 

Eastleigh (Head office)

 

Ageas Insurance Limited

Ageas House

Hampshire Corporate Park

Templars Way

Eastleigh

SO53 3YA

 

Gloucester

 

Ageas Insurance Limited (Commercial Operations)

Ageas House

The Square

Gloucester Business Park

Brockworth

Gloucester

GL3 4FA

 

This means that tesco is being under written by ageas but for legal purposes they are trying to distance themselves from one another.

Edited by letsmakeamark
Spelling

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Tesco is just the brand name, but they keep an eye on what their customers are experiencing.

 

Ageas basically just do all the work on behalf of Tesco, underwriting the policies, dealing with claims, issuing documents.

 

I notice that you knew the car was a repaired write off. so I am not sure what your complaint is, other than you don't agree on the cars value. You just need to negotiate with Ageas and if still not happy take it to the FOS.

We could do with some help from you.

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The car was repaired by myself. Both insurance companies are denying this. Claiming there is no new damage and all damage is from previous accident.

 

You would have to decide whether it was worth paying to get your own independent engineers report. You might need this, if you wanted to pursue this further and you would have a problem if your own engineer agreed with the previous assessment.

 

Do you have a legal cover under the Car Insurance that can assist you ?

 

If it is not worth getting another assessment and you have no way of pursuing this without costing you, then you might just have to give up. Even if you issued a court claim against the other driver, you don't currently have helpful information regarding the cost of the damage they caused.

We could do with some help from you.

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I contacted ageas and told them i wanted to make a official complaint regarding the handling of my claim and also would be taking this further. The lady i spoke to was very sympathetic and explained to me word on word what or why the claim was being refused. Again word for word i was asked for the same proof that i had the car repaired. Again word for word i was phoned by ageas who said this had now been passed to their engineers and i should recieve a call from them early next week. I should give them the benefit of the doubt. If nothing changes then will implement a complaints procedure again and go down the fos route.

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Have just recieved a copy of tesco's own engineers report and the contact details for them are as follows :

 

Tesco Bank Insurance

Ageas house

Hampshire Corporate Park

Templers way

Eastliegh

Hampshire

SO53 3YA

 

Also the report is headed Tesco Underwriting fax The details for them are :

The square , Gloucester Buisness park, Gloucester, Gloucestershire, GL3 4AD

 

But when i have gone onto Ageas insurances own page i get the following details (bearing in mind my insurance company is Ageas)

 

Ageas Insurance

 

 

Eastleigh (Head office)

 

Ageas Insurance Limited

Ageas House

Hampshire Corporate Park

Templars Way

Eastleigh

SO53 3YA

 

Gloucester

 

Ageas Insurance Limited (Commercial Operations)

Ageas House

The Square

Gloucester Business Park

Brockworth

Gloucester

GL3 4FA

 

This means that tesco is being under written by ageas but for legal purposes they are trying to distance themselves from one another.

 

Tesco Underwriting is a joint venture with Tesco and Ageas (not just ageas underwriting for Tesco). They share office space but have seperate staff, computer systems, management and systems. They also have different claims philosophies and processes in place.

 

I'm sure they could help more! But it's not as simple as then just underwriting for Tesco.

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Just spoke to someone who has confirmed that engineers are not changing thier decision. The only options i have is to either complain and then chase this through the small claims court or goto the fos. However The fos route could take ages where as the court would be quicker. Any ideas ?

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FOS is always ideal first - they are much more sympathetic to consumers and decide based on fairness rather than legality. They are also free!

 

If you go down the FOS route and don't succeed, you can then take it to the courts. If you go down the court route and don't succeed, you can't then take it to the FOS.

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Just spoke to someone who has confirmed that engineers are not changing thier decision. The only options i have is to either complain and then chase this through the small claims court or goto the fos. However The fos route could take ages where as the court would be quicker. Any ideas ?

 

What is the value of the potential claim you are seeking to make ?

 

Agree the FOS is the best route first.

 

Whichever way you go, you will need another independent engineers report or a garage confirming in writing that they repaired the car. What have you got to prove the car was repaired and that the new damage is as a result of the recent accident ?

We could do with some help from you.

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I have got a letter from the garage who state the car was fully repaired by them. Which was passed onto the insurance company. Claim value £2450 - £1500

Edited by letsmakeamark
spelling

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I have got a letter from the garage who state the car was fully repaired by them. Which was passed onto the insurance company. Claim value £2450 - £1500

 

Well you could issue a letter before action threatening to issue a court claim, saying that they have had the garage confirm that the car was repaired and the damage was as a result of the latest accident. Say that you don't want to have to issue the court claim, but they are leaving you with no choice. Give them 21 days to stump up the claim money or to start a negotiated settlement with you.

 

If you want to go to court and win, you will probably need another independent engineers assessment confirming that the garage did the work. If you don't get this, you might well find that you will have difficulty winning in a court or the FOS.

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

 

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After i wrote the earlier comment someone from ageas phoned up and asked why i wanted to make a complaint and why

I was talking of court. The person then said that she will look into this as the damage regardless is the other sides problem and she the phoned a while later to confirm that the claim is being reviewed and she will get back to me in the next 2-3 days and would ratharsort out than goto court over it.

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Right finally had that call from ageas this afternoon and was offered £900 cash in lieu and was told that the cat c marker would be removed and I could treat the car as if no accident had happened. The amount they offered covers thee original purchase price at least and gives me some where to start. They also said payment would be made direct to my bank account in 2-5 working days. Sorted. Thankyou for your help in this.

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  • 2 weeks later...

That sounds like a good deal - glad you got it sorted.

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

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hey well done!!

 

 

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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Thankyou everybody. I have also been told by ageas that this amount is only what they think. I still have the right to persue tesco for the amounts or value in dispute. This just removes the cat c marker and closes this off on my insurances side.

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