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    • I'm trying to work this out as I go along. The first thing to do is to think about this not as a car – but simply as a £value. This is especially so as you have said that it is not a rare BMW. This means that you could purchase another one and it would mean just the same to you. You bought the car for £16,000 – and presumably that was the value you gave to the insurance when you bought the policy – is that correct? If that is the value you gave to the insurer then on my understanding of these things, that is the maximum you would be entitled to claim. This is the amount you got so although you lost the car (£16,000), it was fully replaced by the payment of £16,000 – minus, of course, the excess – but that was part of the deal anyway. I've looked at the RAC website for the meaning of the various categories - https://www.rac.co.uk/drive/advice/buying-and-selling-guides/changes-to-insurance-write-off-categories/   I see that a Cat S means that there could be structural damage. Cat B means that the car must be broken for parts. You say you would like to get the car back because you consider that it can be repaired. Personally I think I would be very worried about this because if there has been one inspection which is rated it as a breaker and the second one rates it as having possible structural damage – but repairable – it seems to me that there is a huge risk involved. Supposing you got the car back and proceeded to repair it but in fact found that there was some structural distortion so that the geometry of the car made it difficult to drive. You would then have a real lemon on your hands – and of course you would have allowed a fair amount of money and trouble into getting it going. Apart from the fact that Hastings behaviour is all rather suspicious – I'm struggling to see what loss you have taken on this. You would have had to pay the excess anyway – in any event. You have now received £16,000 payment so you are in a zero-loss situation and you could simply go out and hunt around for another car for the same money. The only thing that I could see which could complicate matters is if you come back and tell us that in fact the car was a huge bargain and that it would cost you more than £16,000 to replace it. But in that case I would have to ask why did you only insure it for £16,000? The second complicating factor might be that in the four months that you had it, he spent a lot of money on improvements and you have managed to recover that. Maybe you could let us have your comments on this and also let me know if there is anything which I've misunderstood  
    • Well today is the 20th so let us know if you have had a disclosure by the end of the day.   Of course you can bring a claim for breach of statutory duty – but in order for it to be a small claim you would have to claim an amount in financial compensation. Luckily under the data protection laws you can claim for distress without having to prove any physical damage or economic loss. I happen to know that you have some experience of bringing a successful data protection claim in the past - which was settled quite advantageously out-of-court. If you want to bring a small claim then I would suggest that you would have to alleged the distress and claim for, say, £50 – but it is a bit early to do this. You certainly would have to send them a letter of claim and give them 14 days.
    • What is the name of the car dealership please – I think you have already been asked this. Also, didn't you record the call? You've been here since 2006 and our customer services guide has been around since almost that time. It is always going to be very difficult to get hold of a recording of a conversation which Incriminates the company that you are trying to retrieve it from.
    • Hi.   While we're waiting for the experts, can I ask a couple of questions please?   Can you tell us which documents you've returned to the police? I assume you've admitted to being the driver.   Are you saying you were never asked to produce your licence and insurance at a police station? I don't know if it's still called an HORT/1 but that's what I was given when I needed to show documentation.   I've put some numbering into your first post for the various points you've raised.   HB
    • 😮  £ 3551!!!!  she  needed loan for a headstone for her daughter and      a   car as hers  has had it
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gigglemal

ADBC/Moriarty Law Claim Form - UAE debt

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it means andy has checked the defence in post 19 that you posted

and that is good to go in as far as that outstanding question re the account they are actually litigating over.

 

 

it might have been the case you had several cards with the same lender, if they don't state which one.....

 

 


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

 

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Andy, thanks for the feedback and information on needing the agreement number. Thank you also for amending the draft accordingly (sorry, I wasn't aware the copy/text could be amended like that...)

 

Dx100uk - I've just the one ADCB card.

 

Yes, I'm content with that defence so I  will proceed in registering that now. Thanks again for all the help 👍

Edited by gigglemal
Revising/adding content

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Defence filed, thanks again both all your help. I will certainly be making a donation as your sterling service and sage advice has helped tremendously.

 

PS. I excluded the 'for reference' section of the defence draft from the submitted defence; hope that's correct.

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Yes thats so I can look at the pleadings at the same time as drafting your response.


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Ah, that makes sense :-)

 

Sorry for double-checking everything, it's a lot to take in and process sometimes... Have a great day!

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All the best


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So their 28 day clock now ticks down...


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

 

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Yes, indeed dx100uk. Do you think it's worth re-sending the CPR request now? I haven't received any response from them.

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Not your problem they haven't responded

They'll have too at the disclosure stage if they run the claim that far..... 


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

 

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Good Luck Gigglemal, looks like we are at a similar stage, just my clocks a few days ahead of yours, I gave myself some extra work putting the comments in the defence box but the courts helped which I wasn’t expecting to be honest.

Have a good Christmas.

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Hi folks, sorry not replied for a while - but here's the update thus far.

  • I've received acknowledgement of receipt & confirmation from Moriarty that they will defend.
  • I've received Notice of Proposed Allocation to the Multi-Track, asking that I complete Directions Questionnaire, agree directions with all other parties & file proposed directions in accordance with CPR 29.1 (2)

In the interim, I've tried to find a way to contact someone at ADCB (rather than via Moriarty) but to no avail. My intention was to show I was willing to discuss to agree a direction, although given past evidence that would be unlikely.

 

Long-term, I would like to have clarity from ADCB as there's been allsorts of confusion and contradictions from them & their agents about police cases and looking to find a solution, but I'm very limited in what I can offer (not working, no savings/income etc. and in a DMP). The issue for me is all I ever got back from ADCB wasn't helpful - either agree a lump sum or enter into an agreement I couldn't pay.

 

Short-term, I've been wary this would be 'deja vu' with Moriarty and I'm unclear how best to represent this n my Directions Questionnaire. I have oodles of emails, whatsapp etc. to support my contention that there's been very little continuity or clarity from ADCB & their agents, but I don't want to be perceived as ignoring this.

 

It is really tough for me at present to know the best way forward, although I understand I have to be seen to be in communication but I don't know the best way. I still haven't received any documentation from Moriarty regarding my requested items in MCOL.

 

Any advice please?

 

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moriarty are operating for the CLAIMANT they don't defend anything..you do = the defendant.

not sure what the police have got to do with any speculative court claim...

 

so you have an N180

so fill it in as we advise on almost every claimform thread in the section of the forum that your one is in,

 

yes to mediation

1 wit you

the rest is obv.

 

do not give moriarty your email/sig/phone on their copy.

 

not sure where you are reading all the above rubbish you posted...

its not your job to chase the claimant, or their dogs for information,,..to help them in their speculative claim.

leave them alone

let them hang themselves ...they don't need your assistance to do that.

 


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

 

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Thanks (as always) for your help dx100uk.

 

The reason I mentioned looking to contact ADCB is long term, I'd like to think we could resolve this but my situation at present prevents me from doing so. I accept that in the short term, the focus has to be following the path yourself and others have helped many similar on.

 

What I am confused about though is I can complete the 180 but I'm unsure about how to best do the N181?

 

I've been sent the N181 and it says Proposed Allocation to Multi-Track, and I can't see where the Mediation option is (only on a N180)

Edited by gigglemal

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yes you need to deal with the present......

they will as well as you, HAVE to include anything specific they wish to rely upon at the witness statement stage

if it gets that far.

 

its worthy to note moriarty are handing back lots of claims to the claimant and removing themselves totally.

 

n181 yes sorry, it's a fast track as its above £10k.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447033-PRA-Group-claimform-old-MBNA-card-debt/page2&highlight=n181

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469292-PRA-Claim-Form-HSBC-current-account-OD&p=4973299#post4973299

 

Section A Settlement. Yes

 B2  State your local County Court

 C No ...Not Applicable

 D1 No

 D2 Leave blank

 D3 leave blank

 D4 The Claimant do file and serve all original documents including the Agreement

 E Leave blank

 F 1 ...yourself

 G  Less than 1 day

 H Leave blank

 I No

 J Directions. To be agreed

 

..i'm sure andy will run thru the N181 and directions when he next pops up

 

dx

 

 

 

 


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

 

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Thanks for your insight DX, especially the update about Moriarty.

 

Is it possible to electronically file/email the N181 electronically to the Court or is it better Special Delivery or Signed For via Royal Mail?

 

Cheers 👍

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Yes it is now possible. using......ccbcaq@hmcts.gsi..gov.uk...but you must also complete the hard copy signed and retain for your bundle/disclosures.

 

 

What you can file by email

You are responsible for the security of the information you are sending and therefore you must assess its sensitivity and whether email is a secure enough method of communication. 

If you are filing a document by email that contains a statement of truth you are reminded that you should retain the document containing the original signature. The version of the document which is filed by email must satisfy one of the following requirements:

(a) the name of the person who has signed the statement of truth is typed underneath the statement:

(b) the person who has signed the statement of truth has applied a facsimile of his signature to the statement in the document by mechanical means


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but i'd never use email to the claimant nor their dogs!

2nd class mail will do with free proof of posting if they have to have a copy.

 

dx

 


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

 

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Thanks - I think I will stick to the hard copy/old school way.

 

I've gone through the form now following the advice as above (very helpful - thanks).

 

Does it matter if I send photocopy to the Court, or should I keep the photocopy myself and send the original?

 

Just to check - I only have the 181 to complete. I can't seem to find any other correspondence that I need to return. I'm just wondering how I "file proposed directions" with the DQ?

 

Also, should I keep the 'signature' box blank on the Claimain'ts copy or just the name/reference number section?

Edited by gigglemal

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All originals must go to the court...they dont accept photocopies.You attach your proposed draft directions to N181...but you cant yet until its agreed with the claimant...so you wait until you get their copy of the N181 with Directions.

 

This is a Multi Track claim as the value is over 25K........read the following CPR with regards to Directions.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part29


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Just ensure no emails or contact details go on copies to moriarty only to courts when ready!!

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This may sound a daft question but the 'To Be Completed By' section was blank. Should I write my name in it, or if it didn't would it be an issue?

 

Just wanted to double-check as didn't want to leave blank if I was supposed to complete it.

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Yes...you are completing the form as defendant ...scratch through the rest and just leave Defendant


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

 

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