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    • Just to clarify then, should the reason I am disputing the debt be that they have not supplied all the relevant paperwork (CCA) and the debt is therefore unenforcable?
    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car Insurance


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I know this is totally illegal, but where would I stand IF

 

Firstly, I have had an accident in my parents car, whilst a named driver on their insurance, do I sill have to declare it my seeking my own insurance, as the parents have already lost their NCB and it seems like we are being ‘punished’ twice.

 

Secondly, where would I stand if I did not declare the 3 points I have on my licence for speeding when applying for insurance?

 

If I was pulled up my the police they would want to see my licence details and insurance certificate, therefore not my policy details to see that I have not declared, but if I had to claim on my insurance for an accident would they have access to my licence details to find out that I had points of which were not declared.

 

Any advice welcomed.

 

The attempts of a poor student…

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1. Yes, you would have to declare this as most companys will as you if you "have had any accidents, claims or losses" this is to try and rate the policy according to your risk as an insured driver.

 

2. Yes, as above, it's to rate your risk as a driver

 

 

worst case, in a claim situation your company could invalidate your insurance and refuse to pay out for your claim ( they would however have to settle any 3rd party claim however)

 

Is it worth it?

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I am not sure it is a good idea to be untruthful as your Policy Cover would be invalidated due to non-disclosure. In any event I don't think that the incident and speeding would make mega difference to your own insurance costs, also shop around, there are companies who will specialise in people with poor driving histories (I have heard of worse!) and also students. Whatever, I wouldn't recommend saving a couple of quid for something that will not be valid and ultimately will cost you more serious points on your licence and a fine which will make it even harder to get insurance in future !!

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As it is your parents policy, it would be them that carry the risk of who is named on the policy. If you claim whilst a named driver, it is their NCD that is affected and them who would need to declare the claim. If you were to take a policy out in your own name, I would still mention it just to cover your arse, but most companies wont take it into account.

 

In regards to the speeding conviction, you have a duty of disclosure to tell the company about anything that could affect the policy, this includes motoring convictions in the last 5 years. Although an SP30 is only a minor conviction, its still something that can affect the premium and sometimes also the XS's. If it came to a claim, the insurer COULD repudiate based on non-disclosure, but usually they'll ask you to pay the additional premium for adding the conviction to the policy before they pursue the claim.

When you claim they have access to a database (the name of which escapes me now but i'm sure one of the other gurus here will tell you) which includes your licence details, plus they sometimes ask you to send your licence so you'd be instantly rumbled.

As stated below, always be upfront and open with your insurer as if they find you've been telling porkys, you'll always come of second best.

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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I may be wrong here as I haven't been involved with Motor Insurance for a long time but I did think that it wasn't just claims information that was required and it was more to do with a drivers history and any accidents and incidents had to be divulged. i.e. if you had half a dozen accidents in one year and claimed under a policy in someone elses name or a company then would this fact not affect an insurers view of you as a risk ? Would it be right that this driver be charged/rated the same as someone with a truly claim/incident free record ? However, if not then answer the questions truthfully and you should be OK. My admitidly biased view is that people should pay based on the truth as failure to do this pushes up everybody elses premiums including mine, as do the 1000s of uninsured drivers in this country .... but that is another story !! grrrrrr !!

 

Rant over

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Ultimately the answer is in the scripts that are read out and usually ignored when taking out a motor insurance policy that is you have a responsibility to disclose 'material facts' and failure to do so could invalidate your policy.

 

The fact that your parents have lost their NCB is irrelevant, your parents insurer has just paid out XXXX amount of pounds for a claim therefore they are entitled to levy an additional premium and also to reduce the NCB, i wouldnt describe it as a 'punishment' as such.

 

An insurer will ask you personally if you have had any claims/accidents, they are using this to assess the potential risk you pose. Its worth bearing in mind that information can be shared among insurance companies to prevent fraud and your previous claim may be listed on the Motor Insurance Anti-Fraud and Theft Register.

 

Purposeful non-disclosure is more than likely to leave you out of pocket and possibly subject to an investigation for fraud. As for the three points this is unlikely to make a huge difference (in fact with my insurance they have made no difference) so you should disclose this

 

If you are looking to save money then the best advice is to simply shop around!

 

An insurance company do not need an open invitation to throw out a claim therefore it is in your best interests to be as honest as possible.

Redfaze Vs Lloyds TSB ***WON!!*** Settled out of court for full amount including interest and court costs:)

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  • 3 weeks later...

I would suggest if you want paid by the insurance company or for them to pay a third party's claim should something go wrong you are honest in all dealings with them!

 

Insurance companies can and do log underwriting fraud on various databases which may and often does effect any attempts to obtain credit (including loans and mortgages) in the future!

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I know this is totally illegal, but where would I stand IF

 

Firstly, I have had an accident in my parents car, whilst a named driver on their insurance, do I sill have to declare it my seeking my own insurance, as the parents have already lost their NCB and it seems like we are being ‘punished’ twice.

 

Secondly, where would I stand if I did not declare the 3 points I have on my licence for speeding when applying for insurance?

 

If I was pulled up my the police they would want to see my licence details and insurance certificate, therefore not my policy details to see that I have not declared, but if I had to claim on my insurance for an accident would they have access to my licence details to find out that I had points of which were not declared.

 

Any advice welcomed.

 

The attempts of a poor student…

I wouldn't even think about doing anything dodgy like this. When you take out insurance you agree to them doing all sorts of things with your personal data - including sharing it around other agencies etc. As GIclaimsman says, the consequences of getting caught could be pretty bad. Consider what would happen if you had a serious accident and injured or killed someone else. If it turned out that you had lied on your insurance, you would not be covered, which would effectively mean that you had had an accident while driveing without insurance. The outcome of that could be very serious indeed, and losing your license would be the least of your problems! :o

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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All of the responses here give you some very good advice.

Under the maxim of utmost good faith, you must divulge to the insurer any information that may affect your insurance. Most claims now are registered on CUE (Claims Underwriting Exchange) and non-disclosed previous accidents will often be found out this way. Even if it is not it is when it comes down to a claim that your insurers prove their worth. For a (presumably) young driver, with a non-disclosed conviction and previous accident should an accident happen then history will almost certainly be found out, by way of DVLA licence histories and various accident databases. Consequences are numerous and may be as little as an additional premium (if they would have insured you had they known of the non-disc); or agreeing only to pay a percentage of the claim (the rest being paid by you); or even total repudiation, in which case they would pay the cost of the claim - which can be staggering amounts - and then seek recompense from you.

 

Best to be honest - and drive carefully!!

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