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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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      • 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
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premiums due after non fault claim


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Hi My sons moped was written off after a van reversed over it - non fault

He has been receiving letters from his insurer asking for the outstanding premium to be paid, I havent been in this situation before and unsure of -

If the remaining premium needs to be paid

If the at fault party should cover the unpaid premium

is there anything I should be doing instead

Thanks in advance for advice :)

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Not 100% sure as its been a while since I worked in the business, but I believe in the event of a total loss, they ask you to settle all outstanding premiums as the insurance on that vehicle has ended for good.

 

Are they asking for the whole premium or pro-rata to date of accident?

 

If your son had fully comp insurance, his insurance company would handle everything inc chasing the third party, however if he had TPFT cover, you will probably end up handling this yourself direct with the other party's insurer.

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Who's paid out to your son? The other parties insurer or his.

 

If it's his own insurer, the figure paid should have been a "settlement", meaning that there shouldn't be anything left outstanding.

 

If it's the other parties insurance that have paid your son directly, then he does need to settle his account (ie pay any outstanding premiums) with his own insurer.

 

If no one has paid anything yet, your sons insurer should be dealing with the claim on his behalf and making sure that the third parties 'settlement' covers all of your sons expenses including the settlement of his policy. If this is the case, your son should get on to his insurance company and make them work for their money.

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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If he's paying monthly to spread the cost, then the premium will need paying in full before they'll settle.

 

The 3rd party won't pay his years insurance, no.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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While I fear that Bazooka Boo is probably correct in that the 3rd party won't want to pay up for your sons premium. It's not really right (or fair) that your son should be worse off, financially, as a result of someone else's actions.

 

If he has "legal cover" as part of his policy, it might be worth getting them to earn their crust by making sure that he isn't.

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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If he's paying monthly to spread the cost, then the premium will need paying in full before they'll settle.

 

The 3rd party won't pay his years insurance, no.

 

Correct.

 

I wonder whether there are other avenues to look into. Loss of use, any expenses that will be incurred as a result of the third party causing this loss.

 

With a premium, you take out an annual policy, so a third party is never going to pay towards that. However, if a third party causes someone to be worse off, then thought needs to be on what loss can be evidenced directly related to the accident.

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If you consider what would happen if he paid for the insurance as a lump sum then he pays up and they issue a policy that covers him for the year. n the event of a total loss them the insurers cough up for the loss and the insurance is then cancelled.

 

Now for a cheap car and a youngster the insurance premium may be more than the car's value but tough, they pay for the car. A your son gets the benefit of the contract staring on day one and he then pays the money owed off in monthly chunks he will owe the balance of the premium and his insurer are basically making sure he pays them that beofre they start being nice because if the get a settlement from the othe rparty and pay out for the bike your son my suddenly gets amnesia when it comes to paying up the balance of the loan (cos that is wat it is). So, just prudence on their part but it drags the process out.

 

Yes, it is a pain to find the lump sum all of a sudden so he can only negotiate with them to get them to settle with the van's insurer and pay him the balance if he cant find the money up front.

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