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    • Sorry what are ATOS...I'm wondering what benefits I am entitled to due to this situation. Thanks.
    • We have now received the Judgement and sent it to the High court enforcement officers, it looks as though he got a copy of the judgement and sent the letter out above, we have also reported them to their Party for Harassment as they sent someone to our house demanding payment and a letter typed up as above.   We now await the enforcement and we understand they will try and get it set aside, so we do not know how they will manage this as we have waited for the refund since November 2019 and all they have done is threaten more action for their failures, its unbelievable.   All advice appreciated as always
    • Hi @dx100uk   good news and thanks so so so so much for your advice before - I referenced what you said and had this back from the Enforcement Officer:    “I’ve discussed your enquiry with my colleague and we are of the opinion that the actual signage would require advertisement consent (a search of our records shows that no permission has been granted and there are no outstanding applications), however we believe that the camera itself would benefit from permitted development rights.   I hope this information is helpful, and should you require anything else, please do not hesitate to contact me directly.”   frustrating that I didn’t do this before I put in my defence but I’ll include in the WS! 
    • Hi all    need some advice please    a few month ago our fan oven door outside glass broke while no one was home. The cooker was a HUD61PS duel fuel model.  hotpoint agreed to repair free of charge and ended up picking the old cooker up and changing it for what we were told was a ‘like for like’ exchange. I specifically asked if there were any changes to the newer build and was told no just built newer.    on using the cooker we noticed that the fan in the fan oven turns off once the oven reaches temperature. So the fan oven is only a part time fan oven ! Hotpoint tell me this is to make the energy rating better.  Yet food has to be cooked for longer at a higher temperature to ensure it is cooked fully !!!  e.g potato waffles - 12/15 mins usually at 200° this oven they take at least 20 mins at 220° and still usually come out soggy !  a pie only come out half browned - keep in mind it’s meant to be a fan oven !    hotpoint are saying they will send an engineer out to see if it’s operating as intended .... but my argument is. It’s not the same oven we had or want ! We would never buy a fan oven that functioned like this.  Or we can have a full refund for £389 which is curry’s current selling price .....  no chance finding a decent oven for that price.      can we make hotpoint out us back in the position we was in prior e.g. with a cooker with a fan oven that works fully as a fan oven ? 
    • As I have said, we will work out the letter when you have all of the information that we need. By and large it will give them an opportunity to comment on the reports and the quotes that you have obtained. It will invite them to carry out their own inspection. It will invite them to undertake to pay the money which has been quoted for the remedial work and it will tell them that you will be bringing a legal action if this doesn't happen. Will sort out the details. Of course we are heading towards legal action here. It's pretty simple – but you will have to do be prepared to go ahead with your threat. I'm not into this 18 month gameplaying that you seem to be into. Once we make the threat – then we move on it. In other words at some point we give them 14 days notice of legal proceedings and on day 15 you issue the papers. If you are prepared to do this then I'm not sure what we can do
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im near the back end of my ban and have started driving to work,

not ideal but found work and the only way to get there was by car, I

 

thought for the last 5 month of my ban it would go by quick with no problems,

however I have had an accident, my fault.

so ive had an accident while banned from driving.

 

whats likely to happen ?

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Were the police involved? Were you insured?

 

What is the value of the damage to the other vehicle and was anybody injured?


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I don't know the damage and I was insured but worst afraid if I go to my insurance they will check find out I was banned and that will void anyway, no police involvement

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I think you're completely right that if the insurers discover that you don't have a licence that they will refuse to insure you. I'm afraid that I think in the circumstances you better put your hands up, ask for an estimate for the repairs and then pay them. You have no choice. If you inform your insurer and they withdraw insurance then you will be in the same trouble – and you may even find that the police are involved. You may find that the insurer feels it necessary to inform the police. That may still all happen.

 

 

Now I'm not intending to be judgemental but I suppose that you are realising now that by driving without insurance, you are committing a criminal offence which could even attract a suspended sentence - as well as a further disqualification maybe two years or more. I don't know how long your first disqualification was for. Also I don't know what kind of driving record you have.

 

More importantly, in an accident you could have hurt somebody and even possibly caused them life changing injuries which could require lifetime care. You would be unable to pay for this and they would be left to battle it out with the MIB while you got on with your life - after you got out of prison.

 

If you get away with this then you are very lucky and at the very least I would certainly learn the lesson and not do it again. The consequences are just too terrible to imagine both for yourself and for your victims.


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I don't have the contact details for the guy though that's the prob, I gave him mine and all I have is a letter stating to give to my insurance, don't know how to contact him, all I have is his name

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Did you disclose the convictions and the ban when you applied for insurance? I guess not, if you had I presume they wouldn't have insured you. Insurers often don't check your conviction record when they issue the policy but do check it when you make a claim. If that's what your insurer would do then they will find out and most likely void the policy and not cover the claim. Won't the third party contact them of you don't? Or was no TP vehicle involved?

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So you didn't even take his contact details.

 

Well I'm very sorry but I don't know what else to advise. If you want to do things correctly and honestly then you should forward the letter to your insurers and then let everything take its course.

 

I suppose that the letter is from his insurers. I suppose you could write to them and tell them that you accept liability unreservedly and that they should send you a quote for the work and the bill and it will be settled immediately. That might sort it out.

 

I'm afraid that I have no other suggestions to make. Whatever you do don't lie to anyone. You can try to deal with it without admitting the truth – but the moment you lie, the seriousness of your problems will increase dramatically


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Did you disclose the convictions and the ban when you applied for insurance? I guess not, if you had I presume they wouldn't have insured you. Insurers often don't check your conviction record when they issue the policy but do check it when you make a claim. If that's what your insurer would do then they will find out and most likely void the policy and not cover the claim. Won't the third party contact them of you don't? Or was no TP vehicle involved?

 

this is a good point. I had assumed that the disqualification had been imposed after the insurance had been taken out.

 

Please will the OP tell us how she obtained her insurance policy


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Once insurers become aware one of a claim first things that happens is a three way conference call between yourself, the insurer and DVLA to verify your details and status of your licence. Unless you can get this resolved without insurers I fear that you might come unstuck at an early stage


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if I don't have insurance does he not claim on his own insurance

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Now I'm not intending to be judgemental but I suppose that you are realising now that by driving without insurance, you are committing a criminal offence which could even attract a suspended sentence - as well as a further disqualification maybe two years or more.

Presumably you mean driving while disqualified. Driving without insurance has a maximum penalty of a fine and a driving ban - it cannot attract a prison sentence, suspended or otherwise. From a criminal viewpoint the lack of insurance is very much secondary to the fact that he was driving while disqualified - that has a maximum penalty of 6 months in prison (though a community order and/or suspended sentence would be more likely unless the OP is a repeat offender).

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Presumably you mean driving while disqualified. Driving without insurance has a maximum penalty of a fine and a driving ban - it cannot attract a prison sentence, suspended or otherwise. From a criminal viewpoint the lack of insurance is very much secondary to the fact that he was driving while disqualified - that has a maximum penalty of 6 months in prison (though a community order and/or suspended sentence would be more likely unless the OP is a repeat offender).

 

Yes, you are right. My bad.

 

I see that the car can also be impounded and destroyed


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I think you are on a very sticky wicket here.

If your (supposed) insurers get wind of your accident they will certainly inquire into your driving status, establish you were disqualified and void the policy retrospectively.

 

You don't say whether you were banned when you started (or renewed) the policy or whether you received your ban during its duration.

It makes no difference to you as far as driving whilst disqualified and with no insurance goes, but it may make a difference to the Third Party in the way his claim is met.

 

It's a bit involved and need not concern you particularly.

Your idea that he should claim on his own insurance is not going to help.

 

Although he may do that, his insurers will make inquiries of yours (to recover their outlay or implement any agreement they have between them) and you are back to square one.

 

I believe your only hope is to offer to meet the claim in some way, but I imagine the Third Party will already have reported the accident to his insurers (as he is bound to do under the terms of his policy) and it may already be too late.

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I also broke my ankle on the 23rd so am at the min not working and I cannot even claim sick pay, hubby has to keep me at the min. what happens if he says the damage is £2000 or more, I suppose im panic stricken now but worst case

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Absolute worse case? You end up in prison for 6 months, a further ban and fine. But thats rare unless youre a repeat offender, or a very serious incident occurs.

 

What will likely happen is a suspended sentence, fine and further time on your ban. Thats if you cant settle away from the insurers.


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Absolute worse case? You end up in prison for 6 months, a further ban and fine. But thats rare unless youre a repeat offender, or a very serious incident occurs.

 

What will likely happen is a suspended sentence, fine and further time on your ban. Thats if you cant settle away from the insurers.

 

 

And possibly having to pay the TP for the cost of repairs to his own vehicle if you are responsible for the accident. You may not be legally liable for the accident though, we don't know.

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Were the police involved? Were you insured?

 

What is the value of the damage to the other vehicle and was anybody injured?

 

 

It is impossible to be insured whilst banned. Its part of the terms to hold a valid licence to make the insurance valid.

This does not, however, stop a third party making a claim but it messes you up with the police.

 

What happens is the person banned gets done for driving not in accordance with licence and failing to have third party insurance.

 

The victim makes a claim on the other driver. Insurance covers costs.

The insurance company then will come after you for the costs involved that they have paid out.

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It is impossible to be insured whilst banned.

 

 

Correct

 

 

Its part of the terms to hold a valid licence to make the insurance valid.

 

 

Incorrect. It is usually phrased along the lines of "holds, or has held and is not disqualified from holding" a licence.

 

 

This is due to s.88 of the Road Traffic Act 1988 allowing a person, subject to certain conditions, to drive while an application to hold a licence has been submitted.

 

 

http://www.legislation.gov.uk/ukpga/1988/52/section/88/2006-01-01

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/695575/inf188x6-can-i-drive-while-my-application-is-with-dvla.pdf

 

 

I'd agree: if the OP was banned, then they cannot hold a valid licence, and cannot be insured (under standard policy terms)

I disagree that they have to hold a valid licence though : so, if they voluntarily surrendered their licence due to a medical condition, haven't been told by DVLA that their licence is revoked and then their condition becomes such that the driver believes they meet the medical standard - the driver can apply for their licence and while the application is being processed can drive under s.88. Naturally they can't lawfully do this unless they hold insurance. Hence the insurers are allowed to insure the driver, provided the driver meets the s.88 requirements.

 

 

 

 

 

This does not, however, stop a third party making a claim but it messes you up with the police.

 

What happens is the person banned gets done for driving not in accordance with licence

 

 

If they are lucky, they only get done for driving other than in accordance with licence (a fine and get points too, as they couldn't have held a licence if they were still disqual, but no possibility of a custodial term).

More likely, they get done for driving while disqual ; where they get an extension to their ban OR 6 points, and a custodial sentence is possible.

 

 

 

 

 

 

and failing to have third party insurance.

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Also, and not wishing to add petrol to the fire, what happens if the TP insurer has a CMC handling the claim? Courtesy car, out of pocket expenses, personal injury (either genuine or encouraged to develop one by the CMC?) I guess that whilst MIB might pick up the cost of the damage but so far as I am aware they wouldn't settle a PI claim? Could there potentially be action taken to recover directly against the OP?


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Also, and not wishing to add petrol to the fire, what happens if the TP insurer has a CMC handling the claim? Courtesy car, out of pocket expenses, personal injury (either genuine or encouraged to develop one by the CMC?) I guess that whilst MIB might pick up the cost of the damage but so far as I am aware they wouldn't settle a PI claim? Could there potentially be action taken to recover directly against the OP?

 

 

Of course the MIB settle personal injury claims under the uninsured drivers scheme.

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Of course the MIB settle personal injury claims under the uninsured drivers scheme.

 

And then the MIB can claim against the uninsured driver (if their details are known), aiming to recover the settlement sum .....

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You have a further problem when you come to

renew your insurance assuming manage to

Cover your tracks now.

One of the questions will be about prior

Accidents.Do you answer yes or no......

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The OP knows she is in a bad position and probably realises from various posts above it is potentially worse. It is time to be constructive.

 

To ameliorate her potential problems she needs to deal directly with the other Driver and his claim sooner than through his insurers or claims handler. This is to prevent escalation to the police and her own "insurer".

 

If she can successfully reach agreement with the other Driver over his damaged car (and pay it) her only lasting problem would be declaring her past accident on applying for insurance, when she is able to. But that is for the future.

 

 

I don't have the contact details for the guy though that's the prob, I gave him mine and all I have is a letter stating to give to my insurance, don't know how to contact him, all I have is his name

 

The other driver did not provide his details following an accident.

This could be a useful little bit of leverage, but not a strong threat as it could be potentially shooting herself in the foot should everything come out in the open.

 

She needs to contact him directly. She now has a name for him. Does the letter show his car registration number?

 

If not, she should request his address etc from whomsoever sent her the letter she has received, stating that he did not provide it at the time. Do this by letter to have a record and demonstrate the matter is not being ignored.

 

 

 

On another topic.

I assume she is no longer driving her car while banned, so her present "insurance" has no value (other than possibly for 'fire or theft' from private property). This can be cancelled forthwith along with the Road Tax, and at least receive a return of remaining premium and tax.

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And then the MIB can claim against the uninsured driver (if their details are known), aiming to recover the settlement sum .....

 

Although in this case the OP has an insurance policy so the MIB might well appoint her own insurers to settle the third party claim as this is an indemnity issue between the insurers and the OP (i.e. OP has breached her insurance contract).

 

And then OP's own insurers will pursue her for anything they pay out.

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to rub salt in the wounds you will most likely lose your job when they find out that you are introuble regarding the honesty issues surrounding this incident.

 

yes, the MIB will come after you for whatever they can as well. It will be in the other party's interests to name you and the insurer even if your insurer doesnt have to pay out as it starts a chain of events that gets to where they want it to end up

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