Jump to content



  • Tweets

  • Posts

    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
  • Recommended Topics

asset/TM legal claimform - old Lending stream PDL ***Struck Out Twice & Costs***now third claim issued


Please note that this topic has not had any new posts for the last 940 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 152
  • Created
  • Last Reply

Top Posters In This Topic

Due next Tuesday mame ...I will be shortly drafting the same defence for yourself and Burgesfan...same claim same date in the link above provided by DX.

 

So keep an eye over the next few days.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Particulars of Claim for reference only

 

1.Asset Collections and investigation purchased this debt from the lending stream and subsequently sent a notice of assignment to the defendant to advise.

 

2.The defendant failed to respond from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion

 

3.asset collections and investigation claim this amount in respect of an unpaid loan funded by the lending stream.

the defendant failed to abide by the terms of the contract.

 

4.the claimant claims interest under section 69 of the county courts act at a rate of 8% a year from 24/06/2016 to 06/07/2017 on £677.11 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.15.

 

7th July 2017

 

£835.37

 

 

 

########Defence########

 

1. 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.

 

2. The claimants claim is denied having previously issued the same claim on xxxxxxxxx in the xxxxxxxxx County Court claim number xxxxxxxxx which was presided over by District Judge xxxxxxxx (See exhibit 1a)

 

3 . The claim was Struck Out on xxx xxxx xxxx by the aforesaid District Judge.Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore is barred from re-suing a winning defendant on the same cause of action. (see exhibit 1b)

 

4. 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.

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

IMHO no

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... 

Link to post
Share on other sites

Just curious, but can

 

"2.The defendant failed to respond from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion"

 

really be a valid grounds of claim in an English court?

 

For it to be valid wouldn't there have to be a legal duty on debtors to engage with creditors for the purpose of "attempting to bring the matter to an amicable conclusion"?

 

Is there such a duty?

If not how can you bring a claim of the basis of breach of a duty that doesn't actually exist?

 

Or this this just any old carp they think might make someone pay them?

Link to post
Share on other sites

I think it should read......2.The defendant failed to respond to the claimant

 

they just need a little more practice drafting particulars.....:madgrin:

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 1 month later...

Hi a quick update , a general sanction has appeared on mcol I dont think the claimant has returned their directions questionaire.

Im up to date with everything so it must be them.

Link to post
Share on other sites
  • 3 weeks later...

I have looked at the sanctions order and the claimant have failed to comply , they had till 17th sept to comply but did not untill the 27th sept.

Why are the court so lenient?

Link to post
Share on other sites

Raise it within your witness statement and ask why?

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 4 weeks later...

I have news, I received a letter from the court that there will be a preliminary hearing .

 

The court is is considering striking out the claim on its own intiative because the claimant has neither

1 explained its absence from court in case ........... on may .. th 2017

 

2 explained its failure to comply with directions in that case

 

3 confirmed that it has paid costs awarded in that case

 

It does not say anything about sending witness statements but i will be attending and taking all my paperwork .

 

is there anything else i should do?

thanks

Edited by mame
grammer
Link to post
Share on other sites

Just attend the hearing and push for it to be struck out...the court could/should impose sanctions

 

I assume the claimant has requested relief from sanctions...hence the hearing

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 1 month later...

Well done mame..hopefully that will be an end of this nonsense.

 

Thread title amended to reflect the outcome.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
Well done mame..hopefully that will be an end of this nonsense.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

 

Thanks Andy I did ask the judge can you stop another claim , he said its probably at that stage now and if a new claim was put in it would go to a higher judge to make an order.

Link to post
Share on other sites
Good News struck out again, The Judge made sure he put abuse of process on the order.

No show from the claimants ,

Thanks for every ones help. Special thanks to andy and dx :-D

excellent,

did you get all your costs

IMO

:-):rant:

 

Link to post
Share on other sites

scan the letter up please

read upload

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... 

Link to post
Share on other sites

CUSTOMER REFERENCE:

CURRENT OUTSTANDING BALANCE:

 

Dear

 

Welcome to Motormile Finance UK Limited (MMF).

 

We are writing to advise you that your lendingstream.co.uk account has been sold to Motormile Finance UK Limited (MMF).

 

We are pleased to advise that upon purchasing your account, we have removed interests and charges totalling £40.00 applied by lendingstream.co.uk, as a gesture of goodwill.

 

Whilst the conditions of your account will not change, we have allocated a new reference number (shown above) which replaces any previous reference numbers you have had, if you have existing accounts with us. You must now use this reference in all future correspondence or contact and ensure that you send all payments and communications to MMF using the contact details found here at http://www.mmile.com or by visiting our self service portal at http://www.mmile.com/myaccount

 

Click here to download your goodbye letter from lendingstream.co.uk, please note you will need to enter your date of birth.

 

 

The transfer assigns all of lendingstream.co.uk’s rights as the owner to Motormile Finance UK Limited. Your legal rights will not be affected by this transfer. The effect of the legal assignment is that MMF now own the debt and perform all obligations as stated in your agreement, this includes the collection of any outstanding balance.

 

How we help our customers;

 

Tailor an affordable repayment plan and give you peace of mind that this is set up – if you have an existing plan with us we can adjust this to include this account. If this is the case you will need to call us and we will do this for you.

 

Ensure that we are always flexible and put the customer first.

 

Never expect you to pay more than you can afford.

 

Offer our expertise in dealing with sensitive and or difficult circumstances

You can manage all of the accounts you hold with us, and set a payment plan securely by registering with our secure on line customer portal at http://www.mmile.com/myaccount

 

If you would prefer you can email us at [email protected] or call us on 0113 887 6876.

 

If you would prefer to set up a standing order or direct debit without registering on our portal we have attached a mandate here for completion and return.

 

We will send you a statement of your account shortly for your ease of reference and look forward to hearing from you within the next 5 days. However, if you believe any of the information we hold is incorrect, please let us know immediately.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

 

Please note: if you choose to communicate with MMF by email, unless otherwise advised by you, we will accept this as your consent to use your personal details to contact you by electronic means (email) with information about your account(s) which may include collections activity, negotiations and other services and products.

 

We are authorised and regulated by the Financial Conduct Authority in respect of consumer credit regulated agreements.

MMF is the trading name of Motormile Finance UK Limited, a company registered in England and Wales with company number 06637307.

Our registered office is Protection House, 83 Bradford Road, Leeds LS28 6AT. http://www.mmile.com

convert-jpg-to-pdf.net_2017-12-15_21-07-53.pdf

Link to post
Share on other sites

some a/c number still showing in upload.

 

but, seems just an old assignment. they can go whistle. no court action will ensue following their formal abuse of process

IMO

:-):rant:

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...