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    • Hi 1983 and welcome to CAG   Bear with us as it gets quieter here over the weekend.   CCA requests will not be appropriate for the bank account overdrafts.   Before further suggestions are made about CCA requests from the creditors, can you give us approx opening dates for each of the 5 CC a/c's and the bank loan a/c.
    • Hi,    I'm new to this forum and hoping for some advice!   I have various overdraft, credit card and loan debts, which are all a bit of a mess:   Barclaycard (2 cards) = £14,000 (1 card suspended, but not in arrears) Lloyds CC= £3,800 Tesco CC = £3700 Natwest CC = £650 Natwest Loan £17,000 Natwest OD = £1,400 Halifax OD = £1,500   Currently, I have not missed any payments, but I'm reaching a point where these debts are becoming unmanageable. I have just about kept up with repayments but now all 0% have ended and minimum payments are increasing making it impossible.    I am considering a debt management plan... Reading through other people's experiences, dmp's seem to have mixed opinions and I'm also unsure if I should use a company like Step Change or Payplan whether I'd do better approaching the various creditors myself.   My wife also has debts, but much less (approx £10k and up to date, but struggling). Is it prudent for us to both start a dmp, or will that effect our long term plans if/when we want to remortgage/move down the line? (i know it'll be 6 years after default before these will disappear from our files).   As it stands, my min payments next month are approaching £1k, which is absurd. What kind of level of min payment would I expect to pay in a dmp?   Also, there seems to be a lot of advice on obtaining CCA's. At what point should I be asking for these, or is this something best left until the debts are inevitably sold on?   Sorry for the multiple questions!   Thanks in advance,   A    
    • No I have not  . . . there are two loans bought by Intrum.  An overdataft debit and a Loan. The Overdraft debit has not been settled.   . . . It is still going and it is in the Simple Procedure Court  . . .  and this is what my post is about The Loan debit has been settled by accepting the dicounted settlement.
    • Thanks for the info. I actually got it wrong, it's not in the tenancy agreement, they were just told verbally when signing for the house so even less of an issue now. The agent did say if they had smart meters installed then the landlord would charge to revert them back to standard meters. I've already told my daughter they have no legal grounds to impose such a charge.
    • A shortage of shipping containers, rising costs, and congestion at ports are holding back imports from China. View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Disputing liability


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Looking for a little advise. Had a minor accident after my passenger opened my car do into a passing car in a retail park car parking bay. It was the type of bay that has 2 rows of cars adjacent to each other (as in the example picture). I had reversed into my spot and there was a car parked behind me. To either side of me there were no cars and either side of the car behind there were no cars. Turned the engine off and my passenger went to get out of the car just as another car was using the bays to cut through to the exit. Obviously they drove into the side of my door. Luckily no damage to my car and minor damage to the other car front bumper. I've drawn a red arrow on the example picture to show the type of manuveur they did.

 

However, my insurance company are saying I'm liable, but my argument is that the other driver shouldn't have been using the bays as a cut through, coming through the bays behind to pass by my passenger side. Would anyone else think that I would be liable for that? If I'm honest, I can see the argument that my passenger should have checked, but seconds earlier there were no other parked cars around me except the one directly behind, and my passenger didn't expect someone to cut through. 

 

Car Park 1.jpg

Edited by BurnCK
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I agree with you completely – that the party space should not been used for a cut through. I think this is well understood. However, there is clearly going to be a lot of focus upon the actions of your passenger and whether they look sufficiently. You say that the damage is very minor – how much is it?

Whatever happens, you are going to happen to pay your excess. The other drivers don't have to pay their excess. Both of you will have to log it with your respective insurers – and both insurance companies are going to jack the price up next time.

If it really is minor then I think you are on a hiding to nothing and you had probably better let it pass. Very unsatisfactory – and very frustrating. Of course if you wanted to make an issue of it then I suppose you could try bringing a legal action against the other driver but I doubt with it will be easy – but it's up to you. We are happy to help – but what's the value of it all?

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Excess I can handle, even a bit of a premium increase. It's the loss of no claims I'm more bothered about. Would have like to have resolved it outside of insurance but there was a dispute on who was liable. As my insurance company deem me liable, I'll bear the brunt of the claim even though the value is only a few hundred pounds, if that.

 

I don't think my passenger did look behind them, only to the side of them...an empty parking bay. If I was parked at the side of the road and they did it, then fair enough, but it's because it was in a parking bay that I didn't accept liability. 

Unfortunately the other car was a Jaguar rather than a clapped out banger. Damage to Jag is minor though (red car) and almost non-existent on mine (silver car), so much so that I am not claiming any repairs.

 

 

Jaguar.jpg

Mine.jpg

Edited by BurnCK
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Although a parking space is not a cut through, it is always possible that a vehicle may be moving and therefore anyone opening a car door should be taking care by checking  before they open the door.  

 

So I would say that your Insurers are correct in treating this as a fault claim.  You could inquire with your Insurers, whether they would allow you to pay them the claim value, in return for your no claims discount not being reduced.

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