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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car prang


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My wife confessed to me today that she had been in prang last Thursday,

our insurance company have emailed saying:

“We’ve been told that your vehicle was involved in an incident on 13 December 2018.

At the moment we have the following information about the incident:

Location Description: xxxxx.

Your Vehicle: xxxx.

We have tried to call you to clarify these allegations but we have been unable to reach you.

We need you to call us on xxxxx.

It is important that we speak to you urgently.

If we don’t hear from you within the next 5 days and the information provided to us by the third party suggests the involvement of your vehicle, we will accept responsibility for the incident and settle any third party claim.”

She says they both stopped and checked their cars.

His door was caved in but she had no damaged, and since he admitted it was his fault, she went on her way.

Whilst she is sticking to her story, I have the tiniest nagging doubt, because we have been arguing a lot over our lack of money and I wonder if she’s defending from the huge cash impact of going from 20 years no claims bonus to zero.

I therefore wonder if it was more 50-50, or indeed her fault completely, and she just drove off hoping he wouldn’t have time to take our registration number.

Questions:

If we contact the insurance company to say ‘yes, she was involved, but it was the other guy’s fault’, what happens next – do they just decide it’s his word against hers and leave it at that, or is there a massive instigation?

Suppose there is cctv that goes in his favour, does that mean she will be fined by the courts if her story is wildly different?

If the case goes in his favour, which is cheapest/best method of paying for his damage: taking out a loan or doing it through the insurance and losing your no claims (if indeed you are allowed to choose?)

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I gather the police were not involved so there is no question of any criminal proceedings and no question of any fine.

 

You certainly should contact your insurer immediately and give them a full report.

 

I suppose that the admission made by the other driver that it was his fault was simply made verbally and I suppose that there are no witnesses. You had better settle in for problems.

 

If you really did drive off without exchanging details then frankly it doesn't look very good for her – regardless of who was really at fault.

 

The best thing in these situations is to play exactly by the book – although it's a bit late to say it now.

 

Anyway you better do what you can to retrieve the situation by being completely straight dealing and filing the report.

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Thread moved to Motoring Insurance Forum...please continue to post here to your thread.

 

 

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Andy

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Are you sure it is your insurance company contacting you and not a claims company wanting to make a quick buck? To make sure phone your insurance company using the number on the original literature you got when you took out the insurance and not the number on the recent letter.

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also, did she not stop and exchange details? failure to do so is a criminal offence and may be enough of an excuse for your insurer to decide not to pay out leaving you to foot the bill.

 

You may find that getting insurance when renewal time comes along will be very difficult even if they play along with this claim. You need to clarify this and then speak to your insurer and if her version of events is true then there will be nothing to worry about on that front as his admission may be enough to mean that no further action was needed at the time.

 

Now it is clear that he has contacted his insurer but that is not the same as denying sole liability, his insurer will want to avoid paying up whatever the circumstances so will need statements and a damage report from your side

Edited by honeybee13
Paras
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  • 3 weeks later...

Regarding this same incident, today we received a letter from the police saying the wife is alleged to have committed the following: Driving without due care and attention, Failing to stop, and failing to report a collision.

Questions:

1) I've read somewhere that they should have sent this with 14 days of the prang, is this true?

2) If this goes to court can you ask them to change the given date if it coincides with a holiday you have already paid for?

3) What sort of points/action will be given/taken if she is found guilty of driving without due care and attention? (or indeed the other two)

Thanks in advance.

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1) if you were stopped by the police at the time then the 14 day rule would apply.

2)you can request this or plead guilty by post beforehanda nd it is likely that will be accepted by the court. You will ahve to ask them when you get to that stage.

3)3-9 points per offence, possibly a ban if they feel it is serious enough. Fine of up to £2500 per offence. chances are they will be lumped together as it was one event so probably a fine of around £1000 and certainly points.

Dod you get on to your insurer to try and head this off with a statement about stopping and checking vehicles?

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Unless i have missed something,

i will add this:

you will not go from 20 years NCB [full NCB] to zero NCB, it's a sliding scale.

Depending on the policy if found at fault you will go down to 3 years, it isnt that bad either.

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