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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Idem Claim Form - halifax / Lloyds TSB credit cards***Claim Discontinued***


yodabug
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:rockon::rockon:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You only submitted your defence on the 13th and you have received a Notice of Proposed Allocation already ? :!:

We could do with some help from you.

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And the court has acknowledged your defence...sent a copy to the claimant and the claimant as informed the court they wish to proceed and the court has sent you a DQ to submit ...all in 6 days ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Im a bit confused Andy.

 

My timeline

 

14th - Defence Submitted on MCOL.

 

Today 19th Ive received the Letter from court - Notice of proposed allocation to small claims track. ( N149a ) & ( N180 DQ )

 

Which I have copied to claimants solicitors ( posting tomorrow ) - and posting one copy to the court office ( tomorrow ), and one kept one for my file.

 

Just followed instructions. Am I missing something ?

 

I Might have confused issues on post #76 ( where I just copied one of DX posts about actioning the N180 - and what I WAS going to do )

Edited by yodabug
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No thats fine I just wanted to make sure had received the Notice of Proposed Allocation and DQ from the court....never seen a turn around that fast ever !!!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 3 weeks later...

Hello...

 

I have had Idem's DQ returned to me.  And they have also stated in the letter :- 

 

' in addition please be advised that we have made a request to the court to place proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve any additional information that may assist with resolving he issues raised within your defence ' 

 

is this usual tactics ? 

 

i think that it is unfair and puts me at disadvantage.....

 

is this behaviour frowned upon by the court ?

 

thanks as always 

 

They have also stated NO - to mediation ?

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well you don't agree.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks DX  - can you point me in the rough direction as what to do to contest this please ?

 

this hasnt been yet been allocated to my local court yet and latest on MCOL just states 

 

Claim history 

You filed a DQ on 04/03/2019

 

thanks 

Edited by yodabug
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Just made a wee donation.  

 

DX - you say ‘ well you don’t agree ‘ 

 

So will the court be in contact with me  asking if this is ok then ? 

 

I thought if if they ‘ do nothing’  the case gets auto stayed ? And idem will have to pay to get it lifted at their own leisure

 

I only ask ask as I was preparing to go down the N244 route and pay myself to get the stay lifted 

 

thanks 

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Does it state on their DQ they have made application to stay it for one month ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Andy - thanks for quick response 

 

they sent back the DQ with a covering letter with the following embodied in the letter.  

 

' in addition please be advised that we have made a request to the court to place proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve any additional information that may assist with resolving he issues raised within your defence ' 

 

Thanks 

would it be ok to PM you Andy ? 

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So you do not have any proof that they have requested a months stay from the court...they simply state so as above in an accompanying letter addressed to you ...not the court ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I would take that as a pinch of salt...if they wanted to stay it for a month ...they shouldn't have proceeded to the DQ.

 

Notice of transfer of proceeding letter next informing you of transfer to your local county court and offering mediation services.

 

Then Notice of Allocation  (N157)if mediation fails or does not even happen, informing you of the court directions and what you must do next in preparation for trial.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 3 months later...

Donated.

 

Good evening all.

 

I have received notice of discontinuation.  This has also been confirmed with the court.

 

I like to say a huge thankyou to everyone that has helped with this case.

 

I would also like to say a very very special thankyou to DX and Andyorch, who really helped me see this through to the end.  You are both Gentlemen and Scholars.  Sometimes you were responding to my posts at 2/3 am !!!! I will be forever grateful.  CHEERS GENTS ! And for calming me down when I was getting stressed !

 

I think this is a fantastic community, and the best forum , I have ever used - very friendly and helpful.

 

I hope my donation helps you help others in my situation.

 

For anyone reading this thread, I did get a LOT of help.  But I also done a tonne of reading, and cannot recommend enough reading the financial legal successes to fully understand the procedures and timetable of events, and to get up too speed on everything.  It will help you out and also the moderators / helpers.

 

I also bought the Small Claims Procedures book, that will advise on the processes of the court timetable etc etc.  A great read.  I cannot recommend this book enough.

 

Thanks again everyone.

 

BIG HUGS AND LOVE 

 

XX YODABUG X X 

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  • dx100uk changed the title to Idem Claim Form - halifax / Lloyds TSB credit cards **DISC'D**

:yo:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
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  • AndyOrch changed the title to Idem Claim Form - halifax / Lloyds TSB credit cards***Claim Discontinued***
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