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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn?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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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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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Cabot backdoor CC for Newday Card - Now Warrant of control


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There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs. Were the debts statute barred?

 

Gather information about all of your debts and consider applying for a Debt Relief Order if you are eligible, this will write off all of your qualifying debts and you can forget about them. Although it will affect your creditworthiness for the next six years.

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" There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs "

 

The reason for the application is to convert it from Forthwith to Monthly and stay the current WOC also to stop further Bailiff attempts.The sooner the court are aware of the OPs financial situation the better.

 

Who mentioned anything about setting a side ?

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There doesn't seem to be much point paying £50 to vary the order when Cloverfield has no disposable income to pay the debts of £8k plus in reasonable instalments each month. She doesn't own property, doesn't own a car as she uses her son's motability car, doesn't have disposable income over £50 a month so if the total debt is under £20,000, the £50 fee would pay more than half the £90 cost of a DRO.

 

Even if the order is varied, one missed payment can result in enforcement action starting all over again. It's just delaying the process for a while.

 

On ‎06‎/‎04‎/‎2019 at 18:23, Cloverfield said:

Also, my son has a Motability car that I'm registered to drive, can they take that?

 

Definitely not. They cannot take any motability cars.

Edited by Will Goodfellow
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If she had no money wouldn't she be a candidate for fee remission under ex 160?

 

I agree about the sums available to her, the variation can also be used to report that she cannot afford to pay anything of course.

The point is to get the bailiff off her back if supported by evidence and a sworn statement the court may suspend execution completely.

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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On 09/04/2019 at 13:42, Cloverfield said:

I pay £50 per month to CT arrears so I'll list that in priority debts. 

 

I only have details of one CCJ (this one) and Northants couldn't tell me about the others as I don't have case/claim numbers. Does this mean I'll have to check my credit report? I've been reluctant to do that as it will definitely alert any other creditors to me, and so far they've just been fishing. Can I just sort out each CCJ as they crop up instead? At least I'll know what to do and how to fill in the forms.. I know you can bundle CCJ's together if they are less than £5k, but mine are over that amount. 

 

My head feels like it's going to explode!

2

Not sure what you mean by bundling together CCJs, could you clarify. 

 

Apparently, you can claim if your hubby brings home less than £545. a month. Don't count your allowance and mention your disabled son on the form, any problems, ring the court you are applying to.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k.

 

Husband earns more than the threshold, so I didn't qualify for help with the fee.

 

I followed the advice given here and sent the form and fee last week. I got a call on yesterday to say that as soon as the cheque clears, the application will be processed. In the meantime, he said he would make sure that the bailiffs were aware my son was autistic and would ask them not to visit. I don't know if that will actually work, but that's what he said.

 

If my low monthly offer is accepted, I certainly won't miss a payment. I'm not destitute, I just don't want my husband to have to pay for my stupidity. I want only my income to be counted and the money payable to come from me.

 

Thanks again for the good advice.

 

 

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To be honest you would have been better off ringing the Bailiffs Office yourself and telling them you have submitted an application, they can then look out for it and in the majority of cases will put to one side until the application is heard.

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Hi Plodd, good sensible advice, as usual, I advised the same thing in post 9.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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4 hours ago, Cloverfield said:

 

I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k.

 

 

 

 

This is probably in relation to the second charge that bailiffs make, It can only be rendered when the debtor has not satisfactorily responded to the first notice and the bailiff calls at the property.

The Regulations state that this fee £235 should cover any other, simultaneous calls, for other debts that are on the bailiff's books.

 

Your priority is to ensure the offer you made in relation to the first notice you received is accepted, thus the second stage fee will not be due at all.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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This is County Court Bailiffs not HCEO..there is only one fee  £110.

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

" I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k. "

 

Incorrect one CCJ per N245..you can bulk CCJs on to a Time Order/DRO/Bankruptcy 

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County Court Bailiffs  are salaried civil servants employed directly by the court service......there are no further fees PT 

We could do with some help from you.

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9 hours ago, Andyorch said:

This is County Court Bailiffs not HCEO..there is only one fee  £110.

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

" I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k. "

 

Incorrect one CCJ per N245..you can bulk CCJs on to a Time Order/DRO/Bankruptcy 

1

Yes, and as said they are generally quite approachable, and being salaried has a lot to do with it. Sorry, I was referring to EAs.

I can't think of any other situation where you get two for one.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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