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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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Cabot/Reston Claimform - old Lloyds credit card debt -


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claim number showing

simple get her to sign the SB defence statement where required and send it back

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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Defence submitted 7th Jan 2017 and they now on the 2nd May 2018 want it corrected and send back to them before the 11th May......15 months.....they are improving:wink:

 

 

Why did you tick the box to be Legal representative..?

 

 

Andy

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  • 1 month later...

Hi everyone,

 

I have just had a letter from the county courts advising of something called a small claims track?

 

Would anyone be able to advise me of what this is and how best to deal with this please

 

Andy- It was an error on my part......idiot I know 😬

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So youve got your n180 then?

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 DX100,

 

What does this mean for my wife now? It has a questionnaire on advising thatbitnhas to be filled in and returned by the 25th June. It states that she can either choose mediation or let it go to court? I am really confused *♀️

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This allocates the claim to your local county court....simple to complete.

 

Yes to mediation

 

Yes to small claim track

 

1 witness ...yourself

 

The rest is self explanatory .

 

Run 3 copies and file and serve to the Court and claimants sol by the date stated...retain 1 for file.

 

Use the following and complete on your computer looks far more professional.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Regards

 

Andy

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 OTHER

 

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Hi Andy,

 

Sorry I am being very thick today.

Will my wife have to attend court?W

She is having a major tough time at the moment, parents are divorcing and her father and his companies is being investigated for fraud on a large scale

. I’m not sure that she could face court too .

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Yes if it gets that far

and its no big deal

Typically nothing more than a table sitdown

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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Dx100 - I’m guessing that you mean the mediation option?

Via telephone?

 

My wife has worked incredibly hard to improve her credit file and we are literally on the verge of buying a house

 

. I hate even thinking this but if a settlement was agreed could she avoid a ccj on her file?

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No you asked about court not mediation

Mediation will not happen if they dont cough up with an enfor agreement

 

No dont settle

There are 1001 ways fo avoid a CCJ before you need to do that with these fleecers

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

I requested a copy of the original agreement from both Cabot and restons, Cabot replied advising they had 12 days to cough up and then they wrote back later and said that they had a max of 40 days.

 

She has had nothing from them since.

 

Restons have been relentless despite none of them providing a true copy of the agreement.

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I agree however they are not letting go (restons) not Cabot.

 

They initial case was stayed back in February due to them not getting back to the courts on time.

 

I then stupidly ticked to legal rep box in error.

 

Had another letter advising my wife to sign correctly and send back.

 

Now this form and questionnaire arrives today.

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Yes that is what we used as defence, however this has only came about due to my wife’s father writing to the original creditor without my wife’s knowledge and offering them a payment of £5.00 paid by him from his account not my wife’s.

 

We didn’t even know anything about it until he closed this account down and that’s when they started this farce of a claim.

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The form you have was from the court not restons..yes?

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

I was under the impression that payments made by OC could affect when the account becomes SB.

If a well itentioned person wanted to pay some money off the account without your knowledge or permission does not unbar the SB status.

 

You can be 200% certain that Crapbot/Rectum did not enquire as to whether the OC were aware of this when they received the payment from a third party all they see is $$$$$ signs and it would never be SB,d

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I was under the impression that payments made by OC could affect when the account becomes SB.

If a well itentioned person wanted to pay some money off the account without your knowledge or permission does not unbar the SB status.

 

You can be 200% certain that Crapbot/Rectum did not enquire as to whether the OC were aware of this when they received the payment from a third party all they see is $$$$$ signs and it would never be SB,d

 

oc = original creditor

only payments by the person that signed the agreement can be taken as payments from them toward the agreement

any other payments would have to be proved to come from an account likewise owned by the signee or with written authority ftom the signee that it was with their permission....

 

its SB and not going anywhere

wit or without paperwork as there is none that can prove their parents payments were made with their written authority

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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so return the N180

 

1 wit you

yes to mediation

the rest is obv

 

3 copies needed

1 to the court by the required date

1 to the solicitors [minus sig/email/phone]

1 for your 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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I don’t even think rectums have even realised the payments were coming out of her fathers account not hers, nor have they checked.

 

Do I need to point this out to them or not?

 

Does this mean that the OC broke dpa at the beginning or does that not even make an argument for her case?

 

Thanks guys,

my head was battered when it arrived this afternoon in the post.

 

I will do the online form, print off and send all required copies to everyone.

 

I’ve read that these lot are good at getting backsoor ccj’s.

 

She really really cannot have one against her now 😞.

 

You guys are pure legends.x

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