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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.   PS. Haven't posted/scanned details onto the thread yet as still to read up on the rules/tips, but Claim Form filed in Northampton on 20 Nov.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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Littleman11

Accident without insurance [another party after car hire fees from me!!]

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Hi Guys, really hoping for some advice on my own stupidity and maybe some idea of what to expect.

 

Until October last year I was working with a company who had given me a van to drive to and from work, because of this I didn’t insure my car for my commute.

 

I moved job and was given another van to commute with but it was not all the time.

I was stupid enough to forget to update my insurance

 

in January I was involved in a multi car accident on my way to work.

I was the last car in 6 and only lightly hit the car in front of me.

 

The police took everybody's details and sent us all on our way,

I arrived into work and made the call to my insurance company to inform them of the accident and it was at this point I found out that I wasn’t insured (being honest I don’t remember not selecting the commute option but that’s not relevant),

it was a genuine oversight on my part which obviously doesn’t condone it but it was not something I intentionally did.

 

I was later informed by my insurer that my policy would be cancelled and I have heard nothing since February.

The police never contacted me at all about the incident.

 

Today I received a letter from DAS asking me to pay 500 pound for car hire on somebody else’s claim, this was not the car I hit but further down the line of 6.

 

I am up the walls,

I’m literally just about to start a DMP to help with my already spiralling debts and I am now so worried about what’s coming down the line with this and don’t know where to turn

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I would suggest this is a spurious claim

 

I bet the person who was insured hired or was given hire of the most expensive hire car the claim management firm used mediators for want of anotherword could find [claims could find [probably find they are in bed wit them.

the persons insurance co. [or the ins company of the person they are claiming from] has turned around and said no there were cheaper cars we aint paying that sum..its a very commin sc@m sadly.

 

now down the line they are looking for a mug to get their ill gotten money out of

 

I've moved to the motoring ins forum

the experts will be alone later.

 

just as a side note

this DMP you are going into.

do check ALL of your debts are enforceable before blindly paying anyone

esp a DCA and esp if the debt is several years old.

 

might be best to start a new thread and tell us about your debts.

we might be able to wipe most out if they don't hold signed agreements


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I do have to start the new thread on my debts, I’ll get that done tomorrow.

 

It does seem to be bad for my future, I have visions of 70k to 100k bills coming through my door and me having no way of paying them meaning debt for the rest of my life.

 

Thanks for your help on this

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Shouldn't the insurance cover third party even if commuting is not been declared?

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I really don’t know but I imagine not as the letter I received yesterday said my insurance company are not dealing with so this is why they are pursuing me

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But you received a letter from the third party insurance.

If nobody tells your insurance then of course they won't get involved.

More knowledgeable members will need to confirm if your insurance should cover or not, given the circumstances.

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Insurers can't normally cancel policies to avoid paying third party claims. Insurers have responsibilities under Road Traffic Acts and ICOBS say Insurers should not void or cancel policies to avoid claims. They could arguably avoid paying for any damage to the vehicle covered by the Policy, but not a third party claim.

 

Suggest the OP just posts the DAS letter on to the Insurance they had at the time.


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The letter says they contacted my insurance company and that they are not willing to deal with the claim so they are now looking to me to recoup their loses. If it was for the car I actually hit them I’d understand and would probably pay it but surely they would have to prove I caused damage to this other car which I definitely didn’t before they can start threatening me with court

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You don't have to respond. This won't go to court anyway, as the amount is not worth it. DAS represent the driver that has the uninsured loss, but given the liability is not clear, they won't pursue this beyond a few letters.

 

You have to remember that a company like DAS only charge a small amount for legal expenses cover, so there is a limit to the cases they will pursue. If there was a very large claim, then of course they would pursue, as any court fees etc are justified.

 

A £500 claim would justify a few letters chasing.

 

You don't want to reply anyway. Why give the impression to DAS that you are willing to communicate about this, when liability is not clear at all.


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Really?

So you think i should just ignore? I was thinking of contacting them and asking for proof that i owe this, my problem is that this is just for the car hire, i would presume that if they were chasing me for this then i would expect that they would chase me for the repair cost further down the line

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either ignore totally or simply fwd this to your ins Co. at the time after copying it.

 

this aint going nowhere.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Really?

So you think i should just ignore? I was thinking of contacting them and asking for proof that i owe this, my problem is that this is just for the car hire, i would presume that if they were chasing me for this then i would expect that they would chase me for the repair cost further down the line

 

I’d give them a call, hoping they will go away won’t help. Tell them they gave the wrong person, it is easily done in a 6 car pile up.

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Can't see the point in calling them. What are they going to do with verbal information ? Not much.

 

If people think a response should be made, then just send a letter advising that you believe a mistake has been made in identifying the driver of the car responsible for this accident. Therefore it is denied that any liability exists in this 6 car accident, which was the responsibility of another party. You suggest that DAS go back to their Insured, as you believe DAS have been given information which is incorrect.

 

You don't give any specific information about where your car was in relationship to the party that suffered the loss. If you say you were the last car in a chain of 6, it will be suggested that you hit the car in front, causing a chain accident involving the other cars.

 

It is always up to the party making the allegation to provide evidence of your liability, which is why I suggest not responding at this stage. Or just deny any liability exists, as you believe DAS does not have the correct information.


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This ^^^

You are only responsible for actual damages YOU caused to the vehicle YOU struck. You have a fishing letter for someone to cough up some cash. Play tennis now with advice form above. If you must contact them and feel the need, deny everything and claim nothing and the ball Is back in their court for them to decide on what they do.

 

 

As a side note, Police have upto 6 months from the date of offence to prosecute you for IN10 (no insurance), but as there WAS a level of cover in place at the time, I doubt you will be chased for it. Unfortunate the insurers cancelled your policy you have to declare that now everytime you look for insurance. That and a Claim that's held on CUE for you for your last 5 yrs.

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