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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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billathome65

county court threat - pers injury claim longtime after initial accident

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Hi this may be a strange one but here goes.

 

Over a year ago my daughter was driving her car with passengers in. There was a busy junction that she was edging out of when she noticed a car was coming on the outside of other road users ie overtaking at speed, at which point she stopped however the other car collided with her car and came to a halt some way past her car. This was witnessed by another driver.

 

The collision went through my daughters insurance who agreed to pay out on the basis that she had edged out into oncoming traffic even though the accident was plainly shown as my daughter felt to be due to the other drivers reckless overtaking.

 

Jumping ahead almost a year later my daughter was contacted by her insurance company stating that another person had now come forwards stating that they had been a passenger in this vehicle. The only people in the other car where the driver a female passenger ( apparently his wife ) and a child the wife was a front seat passenger however the claim was that now the other passenger was female and sat in front passenger seat and had a totally different name so effectively putting another passenger in the car and in that case sat on his wifes lap :-) ?????

 

My daughter advised her insurance of this and after some tooing and frowing my daughters insurance refused to pay up as they i'm assuming would have asked the same question why was the claim not put forwards at the same time as the original claim????

 

Anyway my daughter who is now a single mother of two young children has just received what appears to me to be a "Private claim" against her from this fictitious other passengers solicitors advising of court action to receive compensation of one hundred thousand pounds.

 

My daughter is going to contact her insurer tomorrow but the question I have is what is the process for her in this matter?

 

As far as she is concerned she has paid her insurance and should not be being harassed in this way she is a single parent working part time living in a council house and receiving PIP. There is Zero chance of getting even a penny out of her so how to proceed?

 

Cheers Bill


All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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I very much doubt that the claim is for £100,000.00.

 

In any event your daughter just needs to send the paperwork she received today to her insurer ASAP and they will deal with it for her.

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The letter should be forwarded to the insurance company.

 

Make a copy first and send recorded delivery


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Was the accident reported to the Police at the time or just after? Did the daughter get the names of all the passengers at the time?

 

The fact your daughter is a single mum has no bearing on this claim. Where she lives and her income also the same. This should now be passed to her insurer's to deal with.


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I too doubt the claim is for 100 thousand

Let insurance deal with it


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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£10000.00 is the figure in the claim. She isn't worried about the claim as she works in insurance and in fact works for her insurer. I was just checking as her dad :-D.

 

I know the fact that she is a single mum etc has no bearing however that being said she aint got two pennies to rub together so would not pay out this bogus claim anyway.

 

The accident didn't go through the police just the insurers however there is a witness to the amount of people in the other car.

 

As far as my daughter is concerned she gave all the info to her insurer both after the accident and when the bogus claim appeared. her insurer paid the original claim as a fault claim but refused the second claim based on the information their legal team where given as they base the decisions on probabilities they have refused the claim so I think the bogus claimant is now trying a private claim in order to try and circumvent the insurers decision.

 

My daughter recons that as this is related to the original claim her insurer will have to take it on again she also has legal cover with her union which she recons deals with none work related stuff so if all fails she will pass it to them.

 

Thanks for the advice anyway I will keep you updated as to the progress and outcome.


All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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sounds like a spoof claim meself..

 

 

but ofcourse being in the trade

she knows all about them...

 

 

dx


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£10000.00 is the figure in the claim. She isn't worried about the claim as she works in insurance and in fact works for her insurer. I was just checking as her dad :-D.

 

I know the fact that she is a single mum etc has no bearing however that being said she aint got two pennies to rub together so would not pay out this bogus claim anyway.

 

The accident didn't go through the police just the insurers however there is a witness to the amount of people in the other car.

 

As far as my daughter is concerned she gave all the info to her insurer both after the accident and when the bogus claim appeared. her insurer paid the original claim as a fault claim but refused the second claim based on the information their legal team where given as they base the decisions on probabilities they have refused the claim so I think the bogus claimant is now trying a private claim in order to try and circumvent the insurers decision.

 

My daughter recons that as this is related to the original claim her insurer will have to take it on again she also has legal cover with her union which she recons deals with none work related stuff so if all fails she will pass it to them.

 

Thanks for the advice anyway I will keep you updated as to the progress and outcome.

 

Like we've said, just get the papers to her motor insurer to deal with.

 

Your daughter won't have to pay a penny personally herself.

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Claim can be lodged anytime within three years of the date of the accident. Your daughter is lucky - she has insurance - they will deal with it.

 

 

Imp

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