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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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Emmel

Gap Insurance

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Hi, can anyone help at all.

 

I received this letter from peter vardy recently. I purchased my car 12 month ago, and paid £399 for Gap insurance for 4 years. The letter is as follows

 

"We hope you are enjoying your new car and would recommend us to your friends and family. As part of our commitment to forging a long-term relationship with all our clients we hope you will allow us to continue to look after your car long into the future.

 

Whilst writing we have taken the liberty of attaching your status disclosure document relating to the insurance product you have purchased from us. We can confirm that you have a purchased GAP insurance policy which started on xx/11/2017.

 

Our records show these details may have been omitted when you ordered your vehicle. You are not required to take any further action as a result of this letter, however receipt of this letter will start your statutory cancellation period detailed in your policy summary. Full information on the policy can be found in your terms and conditions, which you have already received.

 

Please accept our apologies for this oversight. If you have any questions, please do not hesitate to contact me.

 

Head of Compliance."

 

Now to me this reads like the statutory cancellation periods starts from when I have received this letter, in November 2018. I phoned the number on the letter, and the call handler says no, that the notice period starts from when I took out the policy?

 

any help appreciated.

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I don't really understand what the story is about. Maybe you could clarify – or maybe somebody else will come along who understands.

 

What I gather is that you have received some notice that your insurance policy is being cancelled because some relevant details haven't been given to the insurer. Is this correct?

 

I understand that you have been on the telephone to them. You are new here so you probably didn't know that you should be recording your calls. Read our customer services guide before you do anything else.


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Its with regards to your statutory cancellation period for the GAP Insurance.... If you entered into the contract over the phone, online or on your doorstep, you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations.

 

The cooling-off period starts the day after you agree to go ahead with the service.

 

If you want to cancel a credit agreement, the Consumer Credit Act gives you a 14-day cooling-off period to cancel the agreement.

As its been and passed now its irrelevant but it has given you a fresh start date (the date of the letter should you wish to cancel the insurance)...the dealer simply failed to serve notice in 2017 and is covering its backside.

 

 

Andy


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GAP insurance is useless

go cancel it now.


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GAP insurance is useless

go cancel it now.

 

You say that quite often

 

Try saying that to someone who's car is written off 2 years into their finance agreement and after The insurance company has paid out direct to the finance company, They now have no car and still owe thousands

 

It happened to me years ago, I actually had Gap insurance and didn't know, My car was hit from behind and written off, I got a letter saying i still owed £700 after the insurance had paid out, And included was a form to sign for the gap to cover it

 

That's when i found out gap insurance was a good thing

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GAP Insurance correctly taken out can be useful. Worth shopping around and not taking out cover through garage selling the car, as that is usually much more expensive.


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You say that quite often

 

Try saying that to someone who's car is written off 2 years into their finance agreement and after The insurance company has paid out direct to the finance company, They now have no car and still owe thousands

 

It happened to me years ago, I actually had Gap insurance and didn't know, My car was hit from behind and written off, I got a letter saying i still owed £700 after the insurance had paid out, And included was a form to sign for the gap to cover it

 

That's when i found out gap insurance was a good thing

 

I agree.

 

It is dangerous for anyone on this site to give sweeping statements such as 'GAP insurance is useless', and I doubt he/she or this site itself would take responsibility for someone acting upon that advice only to suffer a claimable event the following week that ends up costing them £1,000's.

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9/10 the only people to benefit are the dealership whom sold it via a commission backhander and the ins co themselves and the interest the finance co make out of it by loaning the money to pay for it.

 

yes colin there are rare examples of it saving peoples bacon admittedly, but GAP ins was invented by the insurance and finance industry anyway, biggest exploiter were people like welcome finance, yes car etc etc I don't think they ever paid out once and it typically cost the punter £2-3k on their loan, probably more than any shortfall like you had.

 

if I remember correctly postggj actually found out that both of the aboves' GAP ins was actually totally fake.

and like MIF on mortgages - the policy actually never existed with them nor their insurers


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

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

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9/10 the only people to benefit are the dealership whom sold it via a commission backhander and the ins co themselves and the interest the finance co make out of it by loaning the money to pay for it.

 

yes colin there are rare examples of it saving peoples bacon admittedly, but GAP ins was invented by the insurance and finance industry anyway, biggest exploiter were people like welcome finance, yes car etc etc I don't think they ever paid out once and it typically cost the punter £2-3k on their loan, probably more than any shortfall like you had.

 

if I remember correctly postggj actually found out that both of the aboves' GAP ins was actually totally fake.

and like MIF on mortgages - the policy actually never existed with them nor their insurers

 

Sorry but from your description you seem to be pigeon holing GAP into yours/others experiences of it associated with historic failed sub prime finance providers, which risks having a very narrow minded and - if I may say so - evidently cynical viewpoint.

 

GAP is actually widely associated with the purchase of new or nearly new cars - the 'return to invoice' variety in particular has nothing to do with finance agreements and can prove to be a financial lifesaver. I bought a brand new Mitsubishi ASX two years ago, paid cash for it, and bought a 5 year GAP policy for the equivalent of less than £80 per year. If the car is written off during that time then the policy tops up my insurance payout to provide a brand new replacement vehicle. Bearing in mind that after 4 years the car will have depreciated by at least £10k that is not some mickey mouse Welcome policy but done through a proper insurer and providing a real potential benefit.

 

I get the fact that for whatever reason you don't like GAP, or maybe the firms you seem to associate with it, but I think that the advice provided has had weight added by your 'site team' status yet it could be potentially very damaging to some. Sorry I'm not meaning to offend by the way.

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9/10 the only people to benefit are the dealership whom sold it via a commission backhander and the ins co themselves and the interest the finance co make out of it by loaning the money to pay for it.

 

yes colin there are rare examples of it saving peoples bacon admittedly, but GAP ins was invented by the insurance and finance industry anyway, biggest exploiter were people like welcome finance, yes car etc etc I don't think they ever paid out once and it typically cost the punter £2-3k on their loan, probably more than any shortfall like you had.

 

I get that, But i have buildings and contents insurance for my home, I have never claimed on it and i'm happy that i have not had to

 

So insurance companies have made money from me and have never had to pay anything out

 

So should i deem it as pointless and cancel it ?

 

Gap insurance is just the same, I am covering myself for a possible future large pay out if something goes wrong, I see idiots on the road every day, There is a good chance that one day one of them is going to drive into my car

Edited by colin11
spelling

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I agree, Colin. The whole point of most insurance is to pay out to the few who suffer a loss.

 

HB

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Illegitimi non carborundum

 

 

 

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Its down to personal choice and affordability...if you can afford it ...have it...and peace of mind.You could say that most things are a waste of time...unless you need to claim on it...house contents /building insurance etc etc.


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you need to look at the value of the vehicle now and what you still owe the finance co. If there is no appreciable gap in values cancel the insurance. If you owe a damned sight more than the car is worth then keep it.

The tricky bit is estimating what an insurer will pay for a write off and that is the only thing you are interested in.

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you need to look at the value of the vehicle now and what you still owe the finance co. If there is no appreciable gap in values cancel the insurance. If you owe a damned sight more than the car is worth then keep it.

The tricky bit is estimating what an insurer will pay for a write off and that is the only thing you are interested in.

 

Depends on the type of GAP insurance, and what it is protecting you from. The OP may want to be protected if their car gets written off and there is finance outstanding (when the balance of payout vs. finance outstanding is key), or there may be other factors (such as 'return to invoice' GAP

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GAP insurance is useless

go cancel it now.

 

Unbelievably bad advice. Even if you don't trust the selling Dealer there are several specialist companies which offer GAP

Hopefully you won't need it, only the shortsighted would call that a waste of money.

If you do need it, it could save you thousands.

 

Wow

 

H


40 years at the pointy end of the motor trade. :eek:

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