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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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Bought Misleading Online Course Based In USA


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Hi all,

 

I am really sorry but I do not know where to put this.

 

I bought an online course. It had a no refund policy and was based in the USA. After going through it - I have realised that the claims made in the sales pitch were very misleading and some were lies. As what is stated in the course is quite different to what is stated in the salespitch.

 

I asked for a refund and was told flat out that it would not happen and then was told that everything I said was wrong - my perception and the facts and that he could prove it. Then was told he would not respond to anymore messages about it.

 

I have spoken to several other people who have felt mislead too. They have been successful at taking the company to small claims in the USA. In fact there seems to be quite the awful trail if you look for it online.

 

I have contacted my credit card company about this and I am waiting to hear back. The amount was £600.

 

As the company is in the USA - what can I do about this? Will the credit card company help me or do I need to do something else?

 

Any help would be greatly appreciated.

 

I get that they had a no refund policy which would have been fine if the salespitch hadn't basically lied. I know the UK law does specify that marketing should not be misleading etc...however as this is a USA company I am not sure how to deal with it.

 

And yes I know I was dumb and it is the first time I have fallen for this crap and I am disappointed in myself but well live and learn and I know it won't happen again.

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Your credit card provider is equally liable for this mis-selling (under section 75 protection), so to avoid the complications of it being a US company: You've done the right thing:

a) asking the company for a refund, and

b) informing the credit card company.

 

Given the company has refused a refund, if the credit card company do as well, threaten the credit card company with taking a small claims action out against them in the UK

Purchases from abroad are covered, so don't be put off.

 

What I'm unsure of is the potential 'wrinkle' that if you do have to issue a 'small claims track' claim,

the card issue may refer you to the T's & C's of the purchase,

so if there is a term regarding applicable law.

 

They won't be able to argue jurisdiction (that it should be heard by a US court), since you aren't suing the US company but the UK card provider ..

... but they might try to argue that any assessment of misrepresentation should be heard according to US law.

 

 

owever, they'll likely settle before then (the cost to the card provider involved with it going to the initial arbitration stages the card provider will be required to use by MasterCard or Visa will make them likely to settle a claim for £600-odd that has a good chance of success before it reaches that stage).

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yep go do a section 75 reclaim

 

 

dx

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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name the company too

 

 

dx

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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Thread moved to the appropriate forum.

 

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  • 3 months later...

So I finally got a reply from my credit card company and they said this:

 

"In this instance we have no clear evidence of a breach of contract or misrepresentation by the merchant, the points you have raised regarding the marketing content are subjective to interpretation by each individual and their personal opinions.

 

As there can only be a valid claim under Section 75 if it can be evidenced that there has been a breach of contract or misrepresentation from the merchants we would be unable to progress your claim."

 

I don't really get how they can say that.

 

I sent them the marketing video and pointed out the false claims made compared to the actual content received. They aren't subjective because the content given isn't what is said they would give in the video and marketing material.

 

I sent an independent report from a company who assessed the claims versus the content too.

 

I have also spoken to several other people who have gotten refunds due to the misrepresentation.

 

So what do I need to do next?

 

Thanks for you help

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Send them a letter before action, noting they have 14 days to reconsider, or you will ask a court to decide. Only send this if you are willing to carry this through if they don't reconsider.

 

If they don't refund you, issue a county court (small claims track) claim, holding the credit card company equally liable for the misrepresentation, and allow a court to decide if you are correct that there was misrepresentation, or that they are correct that there wasn't.

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Thanks for the help. I don't feel like the evidence I gave was subjective but am wondering if there is someone I could get to look it over beforehand? Obviously..the fact that this same information was given to other card companies who instantly refunded made me assume that it is enough evidence. So not sure.

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  • 4 weeks later...

Hi

I have sent my letter before action today.

They gave me the tesco complaints address to send it to...which is glasgow based.

 

Is this going to be a problem for a small court claim?

Does it need to be an England address?

 

I have a feeling I will be putting the claim in in a few weeks time so want to make sure that it being a glasgow address is ok?

I am not sure what other place I am suppose to send the court claim - they just told me the complaints address.

 

Thanks for the help

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that's ok

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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  • 3 weeks later...

I got a text message from Tesco a week or so ago...saying they would respond.

 

It's been over the time I alloted them

 

today I was about to set up the small claims thing

- hwoever I got another text message from Tesco saying sorry their response is taking longer than I wanted.

 

So do I wait?

And how much more time should I give them?

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why a text message to a written letter?

 

I would be inclined to phone whoever it is sending the texts and tell them thatyou expect a written response as required under Civil Procedure or it goes to a claim withour further notice.

 

the do just that rather than make more noise.

 

You could phone and ask for their litigation dept to get a name or it will be sent to the name of the CEO of Tesco's as he is responsible for everything legally speaking

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I received a letter response this morning that they are uoholding the decision...so next step I guess is small claims. I don't really get it considering I know people have received refunds from their card companies. I sent all the same information.

 

Any advice on how to word it?

 

Thanks

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Also I think the problem is..when I asked for a refund, access to the course was taken away so I can't show the difference between course material and the salespage - is this the problem do you think. Not sure why others are able to get refunded on the same information though.

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Well Tesco do not seem to care so just going to pursue small claims now. Hopefully they will look at it properly. Tesco were not interested in any of the information or the additional information I could have provided.

 

I will name the course name. It is an Anthony Morrison course. Fan Page Domination. All his advertising says FREE method - he even has high profile people endorsing it - but it is all a lie. The material doesn't reflect it whatsoever. There are just over 1000 members in his facebook group for it and not one success story - if someone feels misled their message gets deleted.

Edited by dx100uk
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  • 4 months later...

I ended up doing the FOS route not realising how crap they are.

They have come back with verdict that they didn't find it misleading.

 

Is it still too late to do small claims court or can I now do that.

I bought it last April now and its nearly a year on.

The FOS took ages to respond.

 

I want to now send tesco another letter before action and then do small claims against them.

 

I am part of a group of people who got done over here and all of them have been successful.

They are all USA based and their credit cards had no problem refunding them..

.so I feel I should push it to let a court decide.

.but of course only if I still can otherwise I get I will have to let it go.

 

Thanks

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You've already given Tesco (I'm assuming as the card issuer) a LBA. Which should have said that you could issue a claim without further reference to them??

 

If so, don't give them any more chances and just issue the claim. For £600 they'll probably just settle it without a fight to be honest, it would cost them more to defend than the claim is worth.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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have you referred Tesco to actual evidence numerous other card providers have honoured section 75 claims

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

have you referred Tesco to actual evidence numerous other card providers have honoured section 75 claims

 

They were not interested in seeing it when I said I can give them the evidence, The ombudsman said it didn't matter either.

 

I gave them an independent review from an organisation that showed it was misleading, then I showed them the webinar and pointed out what was misleading and they were uninterested. I also gave them other information too. I do not think that they even watched the webinar - they seemed very uninterested in what I provided.

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Tesco gave me a glasgow address to write to but the money claim only allows for england and wales addresses. Not sure what address to put down for tesco - any advice on how I go about getting an england address? Thanks for help

 

Could I just send it to this one: Tesco PLC

Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA

 

Or does it need to be the Tesco bank one..if so that one is glasgow and I am not sure what to do as money claim only allows england/wales address.

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