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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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SwimMum

Liability for Roundabout Incident - Same Insurer

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Hi, looking for advice I've discovered this forum.

 

Apologies for long post......

 

Two weeks ago I was involved in a car accident on a roundabout. I was on my way home after picking my children up from school. I approached in the right hand lane, this lane leads to either the middle lane or the right hand lane of the roundabout. The lane markings on this major roundabout are clearly marked. I travel this route 2 to 3 times a day and as usual went to the middle lane. There were numerous cars on either side of me as we went over the motorway. After the next exit my lane becomes the left hand outside lane - and the roundabout exit lane to the motorway.

 

A white car on my right started to indicate then immediately pulled into my lane, there was a sudden bang and the force of the impact knocked my car from the lane. There was damage to the side of my car – driver’s door and side wing, and side trim hanging off. The third party didn’t get out of their vehicle. As I was about to go speak to her, she made no acknowledgement and drove away through the traffic lights - from the left hand outside lane, which is the exit lane only to the motorway, and back around the roundabout to the right.

 

The side trim of my car was hanging off and scraping on the road but as I had not even had the opportunity to obtain the third party’s vehicle registration number I had no option but to go after her through red traffic lights. She had then gone through a further set of traffic lights. I caught up with her and signalled to pull over. The driver stated she hadn’t left the scene of the incident (despite driving away not knowing whether or not my car was even driveable, had made no acknowledgement to me, driven through two sets of traffic lights before I was able to catch up to her). As she hadn’t stopped at the scene I called the Police as I had concerns whether she would provide the correct details under the circumstances. I was given an incident number.

 

The third party apologised, said she believed the right hand lane she was in merged into the lane I was in. Why did she indicate if these lanes ‘merge’. There was absolutely no reason for her to change lanes, as both lanes lead to the same exit. I told her to go and check the lanes and she would find the lanes do not merge. Third party car had damage to front nearside wing. Can clearly see damage to my car is caused by the front wheel of the third party vehicle from the large round black rubber mark. This shows the third party’s wheels were turned towards my vehicle. This was 100% not my fault and I have told my insurance company I will not accept any liability for this incident.

 

The problem is the third party has the same insurance company, at first they seemed helpful and reassuring but the last few times I’ve called for an update they seem to have a different attitude - where’s the proof she went into my lane, where’s the proof she drove away?

 

Apparently the third party has not yet responded. The insurance company has suggested it would go split liability if it comes down to my word against hers without any cctv or witnesses. Hopefully the third party will be honest about what happened.

 

Any advice would be appreciated.

Edited by dx100uk
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Did you inform the police, as its a hit and run, and leaving the scene of an accident is illegal. Also, and i know this is a bit pointless for this scenario, invest in a dashcam. Theyre a lifesaver in situations like this.

 

Hopefully others will have more advice for you soon.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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OP was given incident number by Police!


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Sadly car accidents bring out the worst in people, unless the other side decides to tell the truth there is not a lot you can do.

 

You can ask your insurer to see their statement to make sure this is the case, but other than making sure you are getting the full story from the insurer, even if this was between 2 insurers your chances of success would probably be less than 51% and not get taken to court.

 

A positive is, some insurers when faced with a complaint of this nature will allow the NCD and in some cases reimburse the full excess rather than have a complaint, that does does depend on the insurer and their attitude towards complaints.

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