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    • @Tom Price   Thank you for your note, which is very helpful.   Did VCS cite the following cases?   1. VCS v Ward 2. Semark Jullien   VCS threw the two cases to me in the last minute at my previous hearing. The judge accepted the extra WS and adjourned my case for me to read/defend it. My case is going to be held on 30th March.   Thanks!      
    • Hi,   So, I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!).   I digress, anyway, so the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it!   It includes:   Their full name Their address and postcode Their handwritten signature Their email address Their mobile telephone number Their debt amount Their vehicle registration    Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows?    What should I do now, is this a trump card that I could use if this matter does actually go to court? I did intend to argue against this debt in the first place.   Any advice on this would be most grateful!   TIA         
    • Hi guys   I received a county court claim form on Thursday dated 18/02/2021 saying that the claimant (CABOT FINANCIAL (UK) is claiming for the sum of £2140.14 on behalf of  NEW DAY LTD RE MARBLES. but it requests all documents to be sent to MORTIMER CLARKE SOLICITORS.   Now i think i did have a marbles card a while ago although my partner says that that was a capital one card.   But either way i don't like the idea of these parasites chasing me for money for a debt they probably bought for £10.    From looking around here it seems that i should be sending them a CCA request and a CPR 31.14.   I've bought a £1 postal order.   Is there anything else i need to do?   Thanks for any help given
    • Yes that is an absolute must. Generally the Council has no wish to see people committed to prison for Council Tax debt. They want to see the debt recovered where it is properly due and the debtor has the ability to pay. If he hasn't that ability they will take into account the debtor's financial situation and make any arrangements they can. But only a court can remit some or all of the debt. The more you engage with the Council the easier this will be.
    • I think you'd need to have formally noted you were working under protest at the time. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 33 replies

Car written off - strangers asking for log book


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in may this year my daughter had a car accident and the car was written off (although we didnt think it was necessary).

 

Two men have just knocked showed me a copy of my daughters registration doc asking if i knew the person, they were after the log book and they were driving the car that had been written off.

 

I didnt have the logbook as logbook and reg docs had to be sent in to the insurance company.

 

I hope we are not going to get some kind of come back over this

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If it was minor damaged but classed as uneconomical to repair then the insurance would write it off and sell it for scrap/parts etc. It may well have gone through auction and the buyer can repair it and put it back on the road, these are known as Class C and Class D however they would and could obtain a v5 from DVLA, there would be no need to contact the pre accident owner.

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in may this year my daughter had a car accident and the car was written off (although we didnt think it was necessary).

 

Two men have just knocked showed me a copy of my daughters registration doc asking if i knew the person, they were after the log book and they were driving the car that had been written off.

 

I didnt have the logbook as logbook and reg docs had to be sent in to the insurance company.

 

I hope we are not going to get some kind of come back over this

 

Insurers or their salvage company should have notified DVLA. The visit by these Men suggests that DVLA may not have been advised. Suggest your Daughter asks her Insurers to look into this and write to her confirming all notificatuons to DVLA were carried out. I only advise this, as DVLA might accuse your daughter of not notifying them of the cars change of ownership.

We could do with some help from you.

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im on to the insurance company now making a complaint

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Dont forget to get intouch with dvla about no longer being regd keeper, you should have had a letter from them confirming this.

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the insurance company are going to do an investigation to see what has gone wrong, yes i will be on to the dvla too

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The letter from the dvla is nothing mire than a compliments slip infirming the forner keeper that they are no longer the regd keeper of vehicle reg no xxxx xxx

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fortunately the men that turned up were quite friendly polish guys but it could have just as easily been very awkward and nasty situation

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The insurers have called back and say that they do not transfer the ownership into their (or salvage companys) name unless the car is likely to be kept there for a while. As it was a catagory D it may have been sold quite quickly and therefore transfered directly from my daughters name to that of the new owners.

 

However they do mark it as a written off car on another system which the dvla can see

 

We have checked with the dvla and it is not now in her name and she is now the previous owner.

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The insurers have called back and say that they do not transfer the ownership into their (or salvage companys) name unless the car is likely to be kept there for a while. As it was a catagory D it may have been sold quite quickly and therefore transfered directly from my daughters name to that of the new owners.

 

However they do mark it as a written off car on another system which the dvla can see

 

Get it in writing, just in case DVLA say they were not notified and want to impose a fine. The new owners will register for their V5 and it might raise a query on DVLA systems about not being advised by your daughter.

We could do with some help from you.

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ive spoken to the dvla and they are satisfied that it has been transferred and no fines will be issued but i am not happy because we now know that (on top of strangers calling at the house) she could have been fined.

 

the salvage company insisted that docs were sent to them to speed up pay out and they would inform the dvla which they then did not do

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