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    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  
  • 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

Car Tax Help


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Why can't you move your car, cancel insurance and declare SORN ? Is this because it does not have an MOT ? You could move it, but if the Police stop you, then you would get done for an offence. You could get it towed to your friends.

 

If you buy a cheap around to use, you could just do a change of car on current policy, rather than cancelling the policy. This is on the basis the damaged car is SORN and taken off the road, while it is repaired.

 

 

 

This is what I am asking, can I move the car to a mates driveway, declare as sorn and get a run a round and transfer the insurance to run a round so this damaged car would essentially be declared as SORN, un-insured and sitting on a driveway. can I do that, is that allowed.

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If the rider has not been identified then the Insurers are not liable to you under the Road Traffic Act, it will be classed as you being hit by an uninsured driver.

 

You need to contact the MIB who after investigations will pass it back to the Insurer of the biker to handle as an "Article 75 Insurer", very basically this means the other Insurer is not liable under the RTA but due to their (Compulsory) membership of the MIB they're obliged to deal with the claim on behalf of the MIB.

 

Basically it's an MIB uninsured driver claim but as there's a policy in force, the MIB compel the Insurer (Who won't be very happy) to pay the claim out of their own funds.

 

An "Article 75" Insurer is not the same as a normal Insurer as there are certain things they're not liable for which they would be liable for if they were liable to pay the claim under the Road Traffic Act, these restrictions are unlikely to affect the type of claim you have.

 

You can try and bang some heads at the other Insurer and remind them they're an "Article 75 Insurer" and thus can they just handle the claim now although they generally won't get involved until the MIB have become involved and confirmed they're an Article 75 Insurer.

 

Unfortunately the MIB are very slow

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If the rider has not been identified then the Insurers are not liable to you under the Road Traffic Act, it will be classed as you being hit by an uninsured driver.

 

You need to contact the MIB who after investigations will pass it back to the Insurer of the biker to handle as an "Article 75 Insurer", very basically this means the other Insurer is not liable under the RTA but due to their (Compulsory) membership of the MIB they're obliged to deal with the claim on behalf of the MIB.

 

Basically it's an MIB uninsured driver claim but as there's a policy in force, the MIB compel the Insurer (Who won't be very happy) to pay the claim out of their own funds.

 

An "Article 75" Insurer is not the same as a normal Insurer as there are certain things they're not liable for which they would be liable for if they were liable to pay the claim under the Road Traffic Act, these restrictions are unlikely to affect the type of claim you have.

 

You can try and bang some heads at the other Insurer and remind them they're an "Article 75 Insurer" and thus can they just handle the claim now although they generally won't get involved until the MIB have become involved and confirmed they're an Article 75 Insurer.

 

Unfortunately the MIB are very slow

 

 

And when shall I expect the bikes insurer to tell me this as at the moment I am being fobbed off, It should be noted that the bikes insurer is axa private, a different company from axa general and swiftcover.

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Is the name the rider gave you his correct name?

 

If it was a genuine person (I would recommend you search 192.com for the name and facebook etc), you should be able to claim from the other Insurer (Axa) under the provisions of the Road Traffic Act, as I explained in earlier posts. If the rider gave you a made up name or you otherwise cannot trace him then it will be an MIB article 75 claim as explained in post above.

 

It's not a quick process as the Insurer will be trying to establish the circumstances and policyholders in these circumstances tend not to respond

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Is the name the rider gave you his correct name?

 

If it was a genuine person (I would recommend you search 192.com for the name and facebook etc), you should be able to claim from the other Insurer (Axa) under the provisions of the Road Traffic Act, as I explained in earlier posts. If the rider gave you a made up name or you otherwise cannot trace him then it will be an MIB article 75 claim as explained in post above.

 

It's not a quick process as the Insurer will be trying to establish the circumstances and policyholders in these circumstances tend not to respond

 

This is a farce. If the bike was not stolen and the bike policy was just in one name, then the bike Insurers should do the same as they would with a car policy. They would write saying a third party has claimed you had an accident with them on x date and as you have failed to contact us, then we have no option but to deal with the claim. Etc etc.

 

Why let it go to the MIB and then they pass to the bike insurers anyway ?

We could do with some help from you.

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UPDATE

 

 

I have managed to buy another car to get us about, transferred the insurance over, upgraded to fully comp and added courtesy car hire as well as breakdown cover so I don't get stung again. taxed the new car online and declared the old car as SORN and moved car to a friends driveway, It has put a massive financial strain on us as a family now through, hopefully not for too long and the insurance get themselves sorted, but I am not holding out much hope for a quick resolution.

 

 

With regards to the name given to me at the scene, how on earth would I know its a genuine or fake name, I just know it does not match the name of the policy holder of the bikes insurance, I didn't get a good look at face as was wearing helmet.

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I am not sure it matters who was riding, if the bike was not reported stolen. Either it was the policyholder giving a false name or one of their friends riding with their permission. You have suffered a loss, the bike had Insurance and one way or another, the bikes Insurers will have to deal with a claim. Depends how pedantic they want to be.

We could do with some help from you.

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I am not sure it matters who was riding, if the bike was not reported stolen. Either it was the policyholder giving a false name or one of their friends riding with their permission. You have suffered a loss, the bike had Insurance and one way or another, the bikes Insurers will have to deal with a claim. Depends how pedantic they want to be.

 

 

 

Yes indeed, interestingly the bike IS now showing as stolen apparently on some database, but I know it was not initially for a good few days, even when they had managed to contact the policy holder, it still does not explain there odd behaviour and avoidance tactics.

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I am not sure it matters who was riding, if the bike was not reported stolen. Either it was the policyholder giving a false name or one of their friends riding with their permission. You have suffered a loss, the bike had Insurance and one way or another, the bikes Insurers will have to deal with a claim. Depends how pedantic they want to be.

 

It makes a huge difference as I've explained.

 

The RTA makes the Insurer of the bike liable for riders who are not insured by the policy if a "Judgement" is obtained against them, rather than go to the hassle and costs of a judgement this is treated as whether the rider was "identified" eg you have someone's name and as you have the persons name you could get a judgement. To make it easier and cheaper the judgement does not need to be obtained, you just need to know who the rider was.

 

If not identified it's an Article 75 Insurer situation which generally means a longer drawn out process being batted between the Insurer and MIB with the outside possibility the owner of the bike saying he'd sold the bike prior to the accident which would mean the Insurer would have no liability.

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It makes a huge difference as I've explained.

 

The RTA makes the Insurer of the bike liable for riders who are not insured by the policy if a "Judgement" is obtained against them, rather than go to the hassle and costs of a judgement this is treated as whether the rider was "identified" eg you have someone's name and as you have the persons name you could get a judgement. To make it easier and cheaper the judgement does not need to be obtained, you just need to know who the rider was.

 

If not identified it's an Article 75 Insurer situation which generally means a longer drawn out process being batted between the Insurer and MIB with the outside possibility the owner of the bike saying he'd sold the bike prior to the accident which would mean the Insurer would have no liability.

 

Given the value of this claim is likely to be low, i would question what approach the Insurers take. If it is a smallish claim and their policyholder is not cooperating ( failure to disclose accident or answer to Insurers requests for info), then they could just decide to deal with it.

 

But i understand the points you are making. The OP now says the bike is being reported as stolen, which makes it more difficult.

 

The Police don't appear to be interested in investigating further, but perhaps further enquiries should be made of them, now the bike has been subject to a late notification of theft. I would also contact the bikes Insurers to mention what is happening, so they can investigate. Has the bikes owner made a claim for theft ?

We could do with some help from you.

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Hi, I do not know exactly when the bike was reported as stolen or by whom, I am not privy to that information, all I know is it was not initially reported as stolen in the initial days, but ever since the bikes insurer has managed to get hold of the policy holder they have been acting oddly, hanging up, panicking, out of the country etc.... very evasive.

 

 

The claim would not be for much my end, my car is worth around the 1k mark.

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Hi, I do not know exactly when the bike was reported as stolen or by whom, I am not privy to that information, all I know is it was not initially reported as stolen in the initial days, but ever since the bikes insurer has managed to get hold of the policy holder they have been acting oddly, hanging up, panicking, out of the country etc.... very evasive.

 

 

The claim would not be for much my end, my car is worth around the 1k mark.

 

I think you should go back to the Police and phone the third parties Insurers. Are they now making a theft claim on their bike following this accident in some dodgy way ? Sounds like they think a false report of theft will avoid them getting into trouble regarding the accident.

We could do with some help from you.

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I think you should go back to the Police and phone the third parties Insurers. Are they now making a theft claim on their bike following this accident in some dodgy way ? Sounds like they think a false report of theft will avoid them getting into trouble regarding the accident.

 

Yes but I am not 100% when exactly the theft claim was made, and its all if's and but's, policy holder could say they panicked on phone when insurance first got hold of them because they didn't know, so hung up to go check, I don't know its clearly something is a miss, but the police don't have any 'evidence' of anything.

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Yes but I am not 100% when exactly the theft claim was made, and its all if's and but's, policy holder could say they panicked on phone when insurance first got hold of them because they didn't know, so hung up to go check, I don't know its clearly something is a miss, but the police don't have any 'evidence' of anything.

 

It would not hurt making these enquiries.

 

If you don't follow this up, the third party Insurers won't deal with any claim you tried to make. You will be left to contact the MIB, if you want to oursue a claim, as Dacouc advises.

We could do with some help from you.

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It would not hurt making these enquiries.

 

If you don't follow this up, the third party Insurers won't deal with any claim you tried to make. You will be left to contact the MIB, if you want to oursue a claim, as Dacouc advises.

 

I have asked these questions to the police and the bikes insurer, I just keep getting dead ends, its not that im not asking or not trying here, its been what 10 days since the accident and I have phoned the bikes insurer 4-5 times already, almost every other day.

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last time I had to deal with an insurance company over the phone was a nightmare, I started e-mailing them photo's and the situation soon turned, when talking to the motorbike's insurance company next ask them for a contact email address and a reference number, then simply sending all the photo's you have of the bike on the floor may or may not help not sure, but it's something else for you to work with

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UPDATE

 

 

The bikes insurance company axa private have told me they are not going to pay out

because they are saying to me the bike was stolen at the time of the incident

so they are not negligible,

 

 

told me that unless I had the name and address of person riding the apparently stolen bike

then they would not pay out.

 

 

When I said well, I have a name but whether its legit or not I do not know,

the guy did a runner with a friend.

they just said ohh well, thats a shame, not our problem,

 

 

I am getting proper fed up with this now,

my car has been written off by this motorbike,

stolen or not, yet I am left being punished,

 

 

no-one will tell me any information about anything

eg I asked when the bike was reported stolen,

both the police and bikes insurer refuse to tell me

because 'its non of my business' apparently.

 

What are my next steps, ohh yeah and axa private refused to give me an contact email address.

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Contact the MIB who deal with with uninsured claims, saying the bikes Insurers are refusing to pay, as the rider was not identified and sthe bike has since been reported stolen. Explain everything to them.

 

https://www.mib.org.uk/

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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Hi all.

 

 

my car was written off by a stolen motorbike on 16th March (separate thread)

 

On 25th march I was able to buy a run a round, transferred the insurance,

moved broken car to friends drive, declared as SORN and taxed new car, all ok.

 

Payment for new tax on new run around to commence from 14th April, I think its wrong I have to pay from 1st march when I didn't even get this new car until 25th March, but I guess that's a different issue.

 

on 1st April a car tax payment came out via DD for OLD car which I declared as SORN

and have email confirmation of SORN status on 25th March, this payment should not have been made.

 

Who do I complain to, what do I do to get this payment returned.

 

 

Thanks

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DD gurantee to your bank?

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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the two threads still exist and the titles..

simply in the same place for history.

 

 

DD guarantee should work tezza

go ring your bank

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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