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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Visa Debit Card Chargeback refusal


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Hi,

 

Hopefully you can give advise on my next step regards my complaint.

 

 

I am trying to be fair with my bank and only asking for my original payment of £120 to be reimbursed, I am not asking for payment for the time and effort I have put in to writing these letters and sending these recorded delivery, the 8% interest, and the added stress this has caused me as a pensioner and full time carer for my son who has severe mental health issues and trying to make sure he isn't sectioned again by making sure he is taking his medication. I really could do without all this on top.

 

I feel if I don't get a satisfactory response this time I feel I will make a claim for the stress caused etc, the whole process has been shambolic from start to finish.

 

Here is the time frame at the moment from start to finish and where I am currently at with my complaint :-

 

26/11/2014 - Item bought for £120 as a Christmas present for my grandson

 

5/01/2015 Item broken after just over a week, Emailed seller with no joy, so sent item off for repair, told it was unrepairable by a reputable company.

 

20/02/2015 (86 days after purchase) - sent letter recorded delivery to my bank asking to inititate a chargeback.

 

28/02/2015 (94 days after purchase) - Received letter from Fife office saying they needed proof that I had returned item, or at least tried all avenues to try and return item.

 

09/03/2015 (103 days after purchase) - After giving seller time to supply said information to return item and receiving no reply, I sent another letter recorded delivery with all information of trying to return item, I also sent photographic evidence of the damage to the item I got from the reputable company I sent the item to be repaired at.

 

This letter was signed for at the Halifax office in Fife on the 10/03/2015.

 

I received a text asking to ring the Fife office on the 16/03/2015 (110 days after purchase) I rang and they were unsure of why I was ringing, I explained the situation and the reference number of my complaint, They checked the system and were adamant that the letter I sent recorded delivery had never arrived I gave the tracking number and name of the person who signed for it. at the Fife office. They said it wasn't on the system so couldn't have been received, Not wanting to argue I said can I email all the information which I did on the 16/03/2015 (110 days after purchase)

 

07/04/2015 (132 days after purchase)

I received a letter from head of debit card disputes saying I was now out of the time limits that Visa International set for disputing a debit card payment so therefore they would not be able to claim a chargeback for me and that is the end of the matter as far as they are concerned.

 

I have sent a letter today giving them 14 days to rectify the situation, I keep all receipts and copies of information I send including tracking numbers which I have sent to her, which shows I was well inside the 120 day Visa International limit.

 

I am unsure of my next step? Do I go to customer services, or go to the financial ombudsman?

 

I am pretty certain Halifax debit card disputes will refuse to reimburse me as they can't now initiate a chargeback as it is over 120 days which Visa set, I just don't feel it is fair me being punished for shoddy administration practices which has happened in this case. They had the information well within the 120 day limit.

 

Thanks,

 

Rosemary

Edited by masterintoo
wrong date on one piece of information, tidied post up, still getting to grips with this internet lark lol
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Hi and welcome to CAG. I am sorry you got missed.

 

My feelings are that as you made a claim before the 120 days, it should stand and that Visa are doing their usual trick of trying to get out of it.

 

By my replying, your thread will be 'bumped' on to todays posts where someone with the right knowledge can help.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi and welcome to CAG. I am sorry you got missed.

 

My feelings are that as you made a claim before the 120 days, it should stand and that Visa are doing their usual trick of trying to get out of it.

 

By my replying, your thread will be 'bumped' on to todays posts where someone with the right knowledge can help.

 

Thanks for the bump :) Reading up on here it seems the financial Ombudsman may not be the best route anyway so I am glad I started the thread and have been reading your forum. I have been looking up at the small claims court and price wise I should just about manage to afford it, Hopefully somebody can confirm a good route for me to go down or whether I would be wasting money with a case I can't win. If I do have a case and I am forced to go to the small claims court by Halifax I will be claiming for much more than the £120, the stress caused has been massive and within the time frames above my son has been with the crisis team again. Partly caused by worrying about this I feel.

 

Banks are absolute animals they really are, talk to you like a child, try and trick you when talking on the phone, It has would me up so much I refuse to talk to the bank about anything regards this case and want any communications formal with written letters.

 

Thanks again,

 

Rosemary

Edited by masterintoo
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