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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • 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.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • 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 
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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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Creation finance


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Hi - firstly brilliant website with most amazing advice,

has helped me out over the years but this is a new one which hopefully you can help me with.

 

If I am being harassed by phonecalls (over 4/day even when I speak to someone and say I have already spoken to someone an hour previously)

do I have to go through their "security" before they can stop the phone calls.

 

I got a fridge on finance and

 

 

about 6 months ago there was problem with my bank account and all my direct debit went funny

so have been paying my monthly payment which is £27.04 and I have been paying £30,

but because they cannot draw on the direct debit they contacted me.

 

 

As I only have 3 months left on my agreement I don't see why I should set up a direct debit seeing as I am paying by standing order.

 

 

They are after me for some charges on my account for +/-£46 which I think are very high especially as I have been making payment.

 

 

When I spoke to them I told them I could not pay the charges via debit card (which is what they were phoning me for)

they kept on saying could I just make a small payment or token payment on the £46 even a £1 would be ok???

 

 

Firstly I don't see why I have been charged but will ask for details and

secondly I am scared to give them my card details in case they use for more payments.

 

 

That was last week but

this week the calls have started

I keep saying I have spoken to someone and could they stop calling but

they say they cannot do this until I have gone through security with them.

 

 

I have been ill in bed for the last 2 days so feel rubbish and do not want to sit and go through security I just want them to stop calling.

 

PLEASE HELP - I want get over my flu in peace!!!

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WHO? Is phoning you?

 

When they ring, laugh and hang up, or tell them ''everything in writing'' and hang up.

 

Keep a diary of events too.

If they persist, you could send them http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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theres no legal remit that you must pay any penalty charges.

 

 

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 - thanks for your reply

- its Creation who keep on phoning me and

 

 

when I ask them to contact me in writing they say they cannot as I have not gone through security questions with them.

 

 

I am not going to go through security questions everytime they phone which can be up to 4 or 5 times.

 

 

So can I get them to stop calling by telling them without doing the security bit???

 

Hi dx - thanks for that,

 

 

I am querying the fees as they seem very high but that is what they are calling about

 

 

, its not my monthly payments its their charges they want paid.

 

 

Even asking for £1 token payment via debit or credit card!!!

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please stop playing their silly games

 

 

phone rings - creation

hello writing only thank you

put the phone down.

 

 

have you got all you statements from them?

 

 

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 dx - thats what I do I tell them I have spoken to someone from Creation about an hour ago and please can they write, but they still keep phone which is 4/5 times a day. Yes have all my statements. Only got 3 months left to pay!!! Their argument is that they cannot take anything I say as I have not gone through their security questions.

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three words in writing only.

 

 

get those charges back the fees

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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Share on other sites

Keep a diary of events with a view of reporting them to the police for the criminal offence of harassment.

 

Personally and IMO, if you're paying them 30£ a month then ignore the fools, absolutely zero they can do, ans as for their penalty charges, you won't be paying those either.

 

The link to the telephone harassment letter is in my first post #2, send them that, get proof of posting, which is free from the PO counter.

 

Don't speak to the telephone jockey any more, just laugh and laugh and laugh, even better, get a copy of the 'Laughing Policeman' and when they ring, just say, Hang on I'll just get them, place down the handset next to a speaker and press play, walk away and go and do something more interesting like watching paint dry.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Having dealt with a complain with Creation since January with the same issues as you, I used this to get them to pay me

 

 

1. Start a formal complaint

2. Wait 56 days escalate it to official

3. Claim compo for letters and calls (you must record these)

4. Send draft letters to Creation that your formal complaint to the FCA/FOS is ready to sent to the bodies, I included them in my final letter to Creation within a week I was told that they will issue a payment as a final resolution.

5. Get a pay out

 

 

The reason that they are claiming fees and anything to do with a direct debit is that there systems are antiquated and out of date, I did actually say this to them.

It took them nearly 4 months to resolve my complaints and the result was a nice cheque in the post (substantial) BTW.

 

 

If Creation have charged you a fee reclaim it. Use the system error they have as a reason for you claiming the fees back. If you read the T&C's properly then you will see they cannot charge you ANY fees as long as the payment is recived by them by the due date, you will need to allow at least 7 days to make sure the payment is received by them before the due date end of.

 

 

Ps I will never use them again

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 4 weeks later...

Since my last post on this thread just an update to the OP

 

 

Creation have finally caved in and given compensation to the agreement holder. The compo was in the 3 figure mark, this was for harassment and misrepresentation of the T&C's. This took just 3 months of calls emails and letters.

 

 

To forcefully pursue the complaint a MCOL was created in the end, but NOT completed. the result was for creation to complete and pay out within 7 days. So it is worth while pursing a complaint even to the bitter end..

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi - thats brilliant news.

 

 

My payments have been made a few days late as am doing them via standing order and not direct debit which is why they are putting charges on.

 

 

Got a letter a while back to say that they were charging me 100 for referring my account to a debt management agency.

 

 

Calls are still ongoing,

 

 

Can I ask a bit favour if you can would you let me have a copy of their T&C/credit agreement as I cannot find my original one.

Kind regards

Sharon

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they cant do anything of the sort

 

 

how old is this 'debt'

 

 

is it on your credit file?

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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well you certainly do not have to pay any penalty fees nor debt management fees

 

 

end of.

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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