Jump to content


  • Tweets

  • Posts

    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
  • Recommended Topics

  • 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
  • Recommended Topics

Car accident advice


gwebstech
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2610 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

PLease move this to a different forum if need be - ty

 

I had a car accident today - briefly i was on a min roundabout turning right and the guy coming the opposite way (i was on his right) didnt stop and i went into the side of him.

 

Ive no dash cam, but i did film everything after i got out of the car but he doesnt admit responsibility on that.

 

Anyway- my insurance seem keen on making my old car a write off due to its high mileage and its age - thats ok but i want to make sure that he admits responsibility first, as if he doesnt and ive got no witnesses they told me it MIGHT go 50/50 which would mean another claim on my insurance = more money next time i renew which i dont want, as i had al ittle bang last year and even with protected NCB my insurance shot up in price.

 

But my underwriters told me today, that its now standard to write my car off first, then they have X amount to claim back off his insurance. This doesnt make sense to me, surely they would want to see who is responsible first??

 

My main question is: why are they pushing me to write my car off? they seem in a real hurry to do so, its Budget insurance so not a fly by night company or anything

 

Im just wondering what im missing? i dont want to shoot myself in the foot and have my premium go up next time around if i can help it - does anyone have any recent experience of making claims like this?

 

thanks

Link to post
Share on other sites

Maybe because they consider that the write-off value is less than the repair value. Also, they may try to push a write-off value on to you which is less than the replacement cost.

 

I don't really understand your description of the accident. A dashcam is a worthwhile investment and you can get them quite cheaply from Amazon – but you probably realise that now.

Link to post
Share on other sites

Basically im saying that it was the other guys fault, i was on his right so he should have waited but he dint even look!

 

My point is they seem really keen to get me to do something at the minute, whats the rush? im just trying to see why they benefit by doing this and if they do, i dont want it to cost me later

 

and yes, hindsight is a wonderful thing :razz:

Link to post
Share on other sites

Thread moved to the appropriate forum.

 

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

 

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

A dashcam is a worthwhile investment
theres a basic well known one going on Tesco direct which includes an sd card and case, for less than the same cam on its own.

and if you've got T points...even less

not that it helps OP now, but just for general info. :)

Link to post
Share on other sites

Basically im saying that it was the other guys fault, i was on his right so he should have waited but he dint even look!

 

My point is they seem really keen to get me to do something at the minute, whats the rush? im just trying to see why they benefit by doing this and if they do, i dont want it to cost me later

 

and yes, hindsight is a wonderful thing :razz:

 

Budget Insurance underwrite a lot of different policies under different brands. They will possibly deal with hundreds of accidents every day and many drivers will say that they were not at fault. But fault is not always black & white, that one driver was 100% at fault. With a mini roundabout, it might depend on who reached this first of all, the speed of the cars approaching the roundabout. Without any camera footage or witnesses, neither Insurers is going to say which driver was at fault. It will most likely go down as a 50/50.

 

In regard to write offs being quickly decided, the Insurers don't want to mess around. An an older car, they don't want to incur unnecessary costs e.g engineers inspections, storage. The repair costs often exceed the market value or are close to market value, making a repair difficult to justify. The Insurers will restrict the claim to the market value of the car. A repair close to market value would not be considered, as when repairs are started, they often find other damage, therefore increased costs.

 

You just have to accept that you have had an accident with insufficient evidence the other driver was 100% at fault. Unless you can evidence a repair can be achieved considerably less than the market value, the car will be a write off. Therefore your focus should be on gathering evidence to support the correct market value of the car.

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

 

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

Link to post
Share on other sites

For "correct market value", maybe read "correct replacement value "

Link to post
Share on other sites

Plus cortesy car costs if applicable. This could drag on for months with them funding a hire car which they'll be kedn to avoid. Do some googling though and don't let them fob you off with a rubbish price for your car. Happened to me a few years back started to involve the ombudsman an their offer doubled overnight. They just shaft you if you aren't switched on.

Link to post
Share on other sites

Know the difference between a courtesy car and a hire car.

 

I'm not sure if you've had a replacement vehicle, and if so, be sure you know who it's coming from.

 

If you have a car from a credit hire company, you will almost certainly have signed an agreement saying you're ultimately liable for the hire charges, and delaying your claim (thereby inflating the hire charges) could lead to disputes regarding the costs - if liability is accepted by the other side, which is unlikely by the sounds of it.

Link to post
Share on other sites

a write off is simply when it costs more to repair than the car's current market value. Having the right of way and turning first is helpful but I once got run over on a footpath and had witnesses to the van driver being on his mobile at the time but his insurers denied he was at fault.

Link to post
Share on other sites

theres a basic well known one going on Tesco direct which includes an sd card and case, for less than the same cam on its own.

and if you've got T points...even less

and, it came in handy today. a plank pulled out right in front. i stopped in time. but, the proof wld've been there if needed. just for 35£. well worth the investment given how ins co's are re 'liability'/knock for knock/write off's etc. if there was impact, and my insurer didn't want to pursue it (due to their 'cartel' policies), then i could quite easily do so myself in favour. :)

Link to post
Share on other sites

Mini roundabouts are not too bad for liability, if he was coming form the opposite I'm assuming it's a 4 lane roundabout. You then hitting him suggests you were established prior to him entering.

 

Regarding settling your repairs/total loss, that is the correct way to do it, your insurer right now are doing things correctly.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...