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    • Page 33 general conditions  "Your duties You must contact us as soon as reasonably possible and provide all the information,  documents, evidence and help we need to settle your claim or pursue a recovery." Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first. It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.  
    • Good evening, The court date for this is 3rd June and I've decided I will defend in court. Following some very interesting happenings in my other claim at court the other day (thread will be updated after this one) I am certain I want to defend this not because I'm confident of it's success, but rather I want to experience the day and press on my belief (I know it's only a belief) that a copy of DN and NOA's themselves, is not proof of serving, which MUST have taken place. Much better evidence of serving, would just be proof of postage or signature of recipient with the correct date, even without the letter copies themselves. Their evidence in exhibits is not strict proof. Law of Property Act 196(4) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter........." Isn't a 'registered letter' proof of postage/receipt (signature)? It might not have mileage, but its my first claim and I will be levelled up for experiencing it and trying. Meaning I can make more informed decisions on the numerous others pending within months. including claim #2 Thank you for helping me get this far, I've learned so much already and already making better decisions on accounts I don't have a thread for. I welcome discussion, thanks  
    • thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something?  this is only the policy document. But I can't see it being in any of the others (list below)?  Schedule & IPBY Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses. Insurance Certificate Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions. Insurance Policy Explains the terms and conditions of your cover. Credit agreement Outlines the terms, payments, and interest of your credit agreement. Important Information Document Outlines fees and charges, how your data is used, and how to ask for documents in different formats. Insurance Product Information Document Details of your cover and exclusions. Direct debit information Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee Pre contract credit information Outlines the key features, costs, and legal details of your credit agreement. Adequate Explanations Details of your credit agreement. About our insurance services to you Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)   insurancepolicy.PDF
    • I've never thought they were reliable enough and stories like this just confirm what I thought. Tesla owner says car in ‘full self-driving mode’ failed to detect a moving train WWW.AOL.CO.UK The close-shave in Camden, Ohio, was captured from multiple angles by the car’s cameras  
    • Hi,  I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence, a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable. b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided. c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC. d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content. Thanks again for any help.
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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.
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      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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Information Held By Credit Reference Agencies - Next Directory


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Under s87 of the CCA1974 they have to provide you with a true signed copy of the original default notice. The default notice has to conform to the format of s88 of the CCA 1974. The information in the default notice has to be accurate and in its content conform to the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004. If the default occurred on or after 1st October 2006 the period of notice given in the default notice should be 14 days not 7 days.

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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However, the issue of being able to supply you with a true signed copy of the default notice is slightly irrelevant. If (as I think has been pointed out before) they do not have a copy of the credit agreement they are in breach of the Data Protection Act 1998 by processing your information without a document giving your consent to do so.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi rory, thanks for all info, reduka must have sent you a pm, much appreciated. The default notice they have sent is definately 'reproduced' and they confirm this in their letter. Also with Next it seems common practice that you do not sign a CCA. Will wait till I receive a reply to last letter I sent them and then will use above info as more ammunition, see where it gets me.

 

Can you think of anything else I should be doing?

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Have you sent them a SAR for all the information they hold? Will cost a tenner and take a while but afterwards they should nothing left that they have not sent you.

 

Mind you I have ended up with court action to get my information

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/97799-next-directory-r-subject.html

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Under s87 of the CCA1974 they have to provide you with a true signed copy of the original default notice. The default notice has to conform to the format of s88 of the CCA 1974. The information in the default notice has to be accurate and in its content conform to the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004. If the default occurred on or after 1st October 2006 the period of notice given in the default notice should be 14 days not 7 days.

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

 

Do you think it's okay to include this in the letter to the CRA's asking for removal of default?

 

I had a nice little letter for the CRA's but then Saints said Experian could only remove the default with Next permission! I want to make it clear to the CRA's that it's down to the law not what Next feel like doing!

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Hi Smel, I am going to include it in my next correspondence to Next, CRA has also contacted Next and at the moment there is a notice of correction on my file. Will update when I receive a reply.

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Can you think of anything else I should be doing?

You may want to send them a section 10 notice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 8 months later...

Hi Doo,

 

Long time no post, did you or anyone ever get anywhere with Next?

 

I am re-starting my claim and think I can go straight to the courts for the removal of default given the amount of correspondence last year.

 

Smel :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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