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    • ok thanks guys. really appreciate the reassurrance. Yeah i'll get those done today/tomorrow.   On an unrelated note. I'm sure you guys will appreciate these videos. (i'm preppeing for court 🤣   9 pigeon holes - Irving Younger   Irving Younger's 10 Commandments Of Cross Examination at UC Hastings College Of The Law
    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
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Injury Claim Against Local Council Through Zurich - Scotland


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My mum is making an insurance claim through Zurich for an injury to her knee she sustained last year in a local cemetery.

 

She lost her footing on a pot hole and came down and cut her knee and ended up in hospital.

 

She is currently awaiting results from an X-ray to her knees and has experienced difficult walking, numbness and pain ever since.

 

She just received a letter from them (attached) so I thought I would come on here and ask for some advice, if anyone has any?

 

We are going to send photos later and try to answer all the questions they are asking. It sounds like standard insurance company stuff, trying to get out of paying. The council is clearly at fault here and should have maintained the pathways since it's a public space and frequented by old people who aren't as steady on their feet.

 

The claim is being made in Scotland.

mum claim pdf.pdf

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No problem in sending them the information they are asking for. I hope you took pictures of the pothole et cetera in the cemetery.

It will be interesting to go back there now and see if it has been repaired. If there has been repaired then that would suggest that the council has since realised that the work needed to be done.

I would send an SAR to the council. I would also send an FOIA request to the council asking them for all copies of any discussions, correspondence, assessments, reports, notes, memoranda relating to the conditions or works at the cemetery from – say, six months prior to the incident until now.

See what that turns up.

Also you need to make sure that you have got all copies of medical reports and go and see the GP for up-to-date assessments. Make full notes of all difficulties being suffered, pain, inconvenience – everything the lot.

Also, get a report from someone authoritative which makes it clear that she is unable to do ballet or to take part in the next Olympics.

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There is no reason for it to take years if you want to push it forward.

Ultimately when you have got all your information together, if it all looks good then you could consider simply suing the council. That will put pressure on everybody to get a move on.

It might almost be better getting all the information from the council before you respond to the request from the insurance company. You will be in a more powerful position if you are fully informed. Good preparation as was the key to these things.

A particular difficulty will be understanding what her injuries are worth.

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OK so first thing is to get the SARS request into the council and then wait for the results to come from the hospital. Is there a standard letter format for that, or do I just write and ask them? Probably a page on their website for doing this I expect.

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click sar

 

dx

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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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7 hours ago, BankFodder said:

I would send an SAR to the council. I would also send an FOIA request to the council asking them for all copies of any discussions, correspondence, assessments, reports, notes, memoranda relating to the conditions or works at the cemetery from – say, six months prior to the incident until now.

 

What should I send the SAR for? 

 

And as for the FOIA request do I just sent a letter. Is there a standard form I can use for that?

 

 

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Use our subject access request template.

 

For the FOIA request write a letter and refer to the areas which I have indicated above

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Writing a letter now. I'm not sure what the purpose of the SAR is, but I trust your advice anyway. Do I just copy and paste the SAR letter as it is (obviously changed the addresses etc.)?

 

Does this sound OK?

Freedom Of Information Request
 

In relation to my insurance claim for injury sustained while visiting the cemetery grounds at XXXXX on XX-XX-XX (ref. No. XXXXXXXX) I hereby write to you to request the following information, as per my legal entitlement within the Freedom Of Information Act 2000: 

Please provide me with all copies of any discussions, correspondence, assessments, reports, notes or memoranda relating to the conditions of, or works planned or undertaken within the cemetery grounds at XXXXX from the XX-XX-XX until the present date.

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I'm just composing the SAR letter - more or less word for word. It seems really strongly worded and confrontational? What is the purpose of this - to send a signal to the council that we're serious and know a bit about the law so they cave in and pay out? 

 

Also, what period should I ask for all this for - the past year since my mum sustained the injury?

 

9 hours ago, whiteadder said:

I'm just composing the SAR letter - more or less word for word. It seems really strongly worded and confrontational? What is the purpose of this - to send a signal to the council that we're serious and know a bit about the law so they cave in and pay out? 

 

Also, what period should I ask for all this for - the past year since my mum sustained the injury?

OK I edited the letter to cover the period of injury and referenced to the compensation claim. Also deleted the last two paragraphs, unless anyone thinks there is a specific reason why I should include legal threats at the end? I think the letter is strongly worded enough as it is.

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Its a legal right with serious legal repercussions if they fail to comply

lEAve those as is imho

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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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9 hours ago, whiteadder said:

OK I edited the letter to cover the period of injury and referenced to the compensation claim. Also deleted the last two paragraphs, unless anyone thinks there is a specific reason why I should include legal threats at the end? I think the letter is strongly worded enough as it is.

 

You should not reference any specific incident because you should not put the target of your SAR on enquiry and also you should do nothing to limit the scope of your disclosure request.

In terms of the tone of it, if it is not to your taste then miss that part out but the most important thing is to send them a statutory request expressed as broadly as possible without giving any particular clues as to what it's about

9 hours ago, whiteadder said:

Does this sound OK?

Freedom Of Information Request
 

In relation to my insurance claim for injury sustained while visiting the cemetery grounds at XXXXX on XX-XX-XX (ref. No. XXXXXXXX) I hereby write to you to request the following information, as per my legal entitlement within the Freedom Of Information Act 2000: 

Please provide me with all copies of any discussions, correspondence, assessments, reports, notes or memoranda relating to the conditions of, or works planned or undertaken within the cemetery grounds at XXXXX from the XX-XX-XX until the present date.

No. For the reasons given above

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So I should just draft up the SAR more or less as it is, and request personal data for the past 75 years then?

 

I'm not entirely sure why I should do this, and it seems a bit confrontational. Can anyone explain to me what the purpose of this is?

 

I get the reason behind the FOIA request, but not sure what the SAR is for..

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an sar is a legal request to supply all YOUR data a company holds

you don't need to specify any 'details'.

 

just send it as is.

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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A Subject Access Request (SAR) is very simple all you need to do is use this simple phrase 'ALL DATA' that covers whatever format they hold your Data in whether it be telephone recordings, emails, writing etc.

 

They then have 30 Calendar Days to comply and that time limit only starts once they have acknowledged receipt of your SAR Request and do not play at asking you to prove your ID which can increase said time limit.

 

Have you actually asked them to provide you with a copy of there Public Liability Insurance? (if not ask them to provide a copy)

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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No we haven't asked them for Public Liability Insurance, and both letters for SAR and FOI are written up and ready to send today. I suppose this could be done by email.

 

So I told her to send the letters by recorded delivery, and she sent them normal post. So now there will be no record and the council can just turn round and say they didn't receive them.

 

Should I send email copies too now then?

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  • 1 month later...

So my Mum has received a reply about the FOI regarding work carried out in the cemetery and it's just a spreadsheet of details about all the gravestones. Absolutely nothing about the state of the paths.

 

As for the SAR request she received a letter on the 2nd August asking her to provide a form of identification "in order to make (her) request valid" and she ignored it, which doesn't help I suppose! She didn't read the full letter.. 

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no sar reply?

 

 

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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urm.. that was an old msg... did she send ctax copy  asadvised in the sar link posts?

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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31 minutes ago, dx100uk said:

urm.. that was an old msg... did she send ctax copy  asadvised in the sar link posts?

 

No she didn't, but that's probably my fault. I'll get her to send a copy this week.

 

I still don't understand why a SAR. What about the FOI?

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  • dx100uk changed the title to Injury Claim Against Local Council Through Zurich - Scotland

Can someone please just explain to me why I'm getting my mum to request an SAR? What relevance does this have to her insurance claim?

 

I'm following your advice but I don't know why.

Edited by whiteadder
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its free and it can't hurt

you never know what information it might throw up.

remember this is data concerning her, it might well be this has already been discussed by them in some form.

 

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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