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    • Did you take screenshots or anything of the descriptions that you gave? Do you have any evidence to support you say? In any event, you paid for the insurance, you declared the parts having given the descriptions and they accepted it all on that basis. You have begun the claim procedure yet so I suggest that you do so. We'll see what happens. In any event, it could be said that the various sections are contradictory. Parts relating to vehicles are containing three separate sections and it is relatively difficult to discern which section a particular part should come into. Section 69 of the consumer rights act relates to ambiguities and basically says that an ambiguity must be interpreted in favour of the consumer.  
    • I have booked a Hotel/Flights Package with the above paying a 10% deposit with the balance due a month before travel next August.   On looking at Cancellation Charges they virtually say 100% 84 days out plus.   According to the Package Travel and Linked Travel Arrangements regulations 2018 - termination fees have to be "Reasonable and Justifiable"   I find it hard to comprehend how last minutes charges could fall into the above description.   For example the hotel is available on Booking.com for our dates with no pre-payment and free cancellation up to the day before arrival.   I'm not sure of their arrangement with BA but the tickets we reserved have doubled in price in the last week and could easily be resold.   I can't find any anecdotal evidence or Court Cases relating to them trying to collect Cancellation Charges from people who have not already paid the full balance and cancel. If I were to cancel 8 months out is it likely they would pursue me for the remaining balance.    
    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. 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.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. 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.    
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Sally11

Marriage Allowance

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Hi Guys,

I have an update. I sent the letter off to HMRC by recorded delivery and it was received by them on 18th May. As the deadline for paying the £212 was today, I decided to phone them as I hadn't received a reply.

The letter was on the system but hadn't been actioned and they had until 27th June to deal with it. However,I had a long chat with the advisor and he agreed that they shouldn't have allowed the Marriage Allowance to go through. He has "pulled" the letter and will deal with it over the next few days. Although I'm not sure if he then has to give his report to the complaints dept or he will deal with the whole thing.

I'll come back with another update once I hear anything.

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Hi Sally,

 

Thanks for the update.

 

You should not have phoned them. Keep all comm'ns in writing only unless you're recording your tel cons.

 

Wait for them to come back to you and let us know when they do. If they call to "resolve" the matter, tell them you require their written reply and you can't discuss it by phone at all.

 

If you get a demand for payment in the meantime, let us know and do NOT call to complain.

 

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Hi Slick132,thanks for your reply.

Your right I shouldn't have contacted them but because I hadn't had any acknowledgement from the letter I sent them I panicked especially as I should have paid the £212 by today. I'll wait now until I hear from them as you have advised. I expect I'll receive a reminder shortly and when I do I'll come back for advice.

Thank you for all you help.

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why do you think you should have paid the £212 by any date? The money is still allowable just the claim got the people the wrong way round on it and they are being arsey about it as they have to now do some work.

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Hi everyone,

I have very good news. Received a letter today from HMRC confirming that the request for £212 is no longer applicable as they have revised the calculation for 2015/16 because the marriage Allowance no longer applies.

I want to thank you all for the help I received as without your guidance I would not have known what to do. I hope my experience helps someone else who finds themselvea in the same situation as I was.

Thank you all again.

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Hi Sally and thanks for the update.

 

This thread will serve as notice to others of the possibility of :-

 

1. Making a claim to transfer personal allowances between spouses or civil partners.

 

2. Making sure they read up on on how to do this and fully understand the process before acting.

 

The link from the previous page is repeated here for others to read - https://www.gov.uk/marriage-allowance

 

:-)


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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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