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    • 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.     
    • 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 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Erudio Claimform - Old Student Loans - poss Statute Barred.


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Hi folks, 

Today I received to NOSIA letters regarding my accounts, they also came with FCA information leaflets.

Now, if we look at the guidance given by The Financial Conduct Authority in its Consumer Credit Source Book, in particular at Chapter 13, “Guidance on the duty to give information under sections 77,78 and 79 of the Consumer Credit Act 1974”, in particular I should like to look at   Part 13.1.6 “Failure to Comply” which states:

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

(4) The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.



Given that the judge ruled that this was stayed until Erudio fulfill their obligations under S.77 of the CCA and Erudio have not sent me anything other than these two NOSIA letters, can (and should) I put in a complaint to the FCA about them breaching the above guidance?

Also, at the bottom of these letters, it states that "Your account is administered by Arrow Global Ltd...Arrow Global Group is authorised and regulated...by the Financial Services register under registration number 718954.  - Except, if you look up that number on the Financial Services register Arrow Global are no longer authorised by the FCA.  

The question is, could I (and should I) put in a complaint to the FCA and will it effectively make any alleged debt completely unenforceable in perpetuity? Isn't it illegal to attempt for companies to attempt to enforce debts if they aren't registered by the FCA?
 

Nurselayer v Natwest - Settled in Full :D

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simple ans is no.

even if an agreement is poss not enforceable, the 'creditor' should they wish to charge arrears fees and interest must abide by the FCA regulations and send a NOSIA.

ignore it , it means nothing.

dx

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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But surely by sending these they are breaking the FCA guidelines, as I quoted? 

Also, what about the point that I've made about non-registered firms trying to enforce debts? I thought that was illegal?

I'd contend that simply by sending the NOSIA they are breaching FCA rules, and certainly by purporting to be registered when they aren't they MUST be breaking these guidelines.  Surely there must be some penalty or sanction for this?

Nurselayer v Natwest - Settled in Full :D

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they are registered under the parent company 

they purchased the debt and everything that goes with it under a deed of assignment with the Original Creditor and sent a notice of assignment. that makes them the  owner ...the Creditor.

just because an agreement might not be enforceable, or has or has not be proved by your court case to be so, it doesn't absolve them from it's terms and conditions.

WWW.FCA.ORG.UK

Use these information sheets to let consumers know their rights and responsibilities when you send arrears and default notices.

a NOSIA is a nothing letter.. 

not sure why you are getting upset about it.

dx

 

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

It's not that I'm getting upset about it, I'm just wondering if I can use it against Erudio/Arrow Global so as to make any alleged debts completely unenforceable forever. 

At the moment the case is just stayed, if Erudio did miraculously find the stuff to conform with my S.77 request then I'll have to go to court all over again, and I'm not sure that I can face that - it's been a really big strain on me for the last 3 years.  If I can find some magic bullet that will blow this away completely then that would be perfect.

Quote

Also, "they are registered under the parent company 

they purchased the debt and everything that goes with it under a deed of assignment with the Original Creditor and sent a notice of assignment. that makes them the  owner ...the Creditor"


Who are you talking about here? Arrow or Erudio?

 

Nurselayer v Natwest - Settled in Full :D

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  • AndyOrch changed the title to Erudio Claimform - Old Student Loans - poss Statute Barred.

arrows erudio drydens capquest are all part of the arrows group and are registered like

Arrow Global Massey Limited (fca.org.uk)

as for the NOSIA it is not enforcement of a debt. its simply a notice a creditor must send under fca rules.

 

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've nothing to complain about.:crazy:

eurodeo have actually complying to an FCA guideline by sending out the NOSIA as they are a creditor.

dx

 

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

I disagree. I think that they are misleading me in by not stating that the agreement is currently unenforceable.  I'm going to make the complaint. I don't see it can damage my position.

 

Nurselayer v Natwest - Settled in Full :D

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there doesnt need to be an enforceable agreement.

one existed, its was assigned.

it's not been deemed unenforceable by the judge, whom is the only one that can now decide its unen

until then its still enforceble... 

 

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

Ok, the judge ruled that they HAD NOT COMPLIED with my S.77 request and as such stayed the claim as until they comply with my S.77 request the agreement is unenforceable.

The FCA say:
Guidance on the duty to give information under sections 77,78 and 79 of the Consumer Credit Act 1974”, in particular I should like to look at   Part 13.1.6 “Failure to Comply” which states:

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.


Therefore, as per the above, the agreement is unenforceable.  

Nurselayer v Natwest - Settled in Full :D

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a NOSIA is not misleading you and it is not enforcement.

the cleaver word here is 'becomes,' that does not mean it is irrevocably unenforceable. the judge has not ruled.

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

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