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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • 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.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • 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 
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SLC Cannot Supply The Original Agreement


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Hi All,

 

I don't think any of us are not prepared to face up to legitimate money owed.

 

However, I am of the opinion that if a said company cannot follow their claim to the letter of the law and try to deceive people into thinking they have the uperhand then thats wrong. It seems to be he who shouts and threatens the strongest should get paid the quickest. Well we will see!!

 

thanks again

 

 

pj41

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So, for example if someone has taken out a loan & has been making repayments to that loan but finds they never signed an agreement, you would not condone a dispute of the debt for the purposes of making it null & void?

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what does it matter if someone on here doesn't condone it, they are not a judge and jury and morality seems to be something the banks have been missing for a long time. IF companies do not follow the law they cannot rely on it.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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I was trying to let this go but O.K.

Quote NO.6

No, it isn't. A properly executed agreement, apart from containing the correct terms should be signed by the debtor AND the creditor, not just the debtor.

Quote No.6

This means that a document, so long as it contains all of the prescribed terms and has been signed by the debtor (not necessarily by the creditor)

Make your mind up, in fact as I said.

Section 127(3)

Precludes the court from making an enforceable order, if section 61(1)a( signing of agreement was not complied with unless the document containing all prescribed agreements was signed by the debtor or hirer

Quote Number 6

Agreed, Sections 77 and 78 request a copy of the document executed under the terms of S61

Sorry there you go again mixing you pre contractual and contractual section 61 refers to the signing of an agreement.

Nothing to do with Duty to give information

Quote NO.6

But you cannot force them to produce any other documentation prior to court.

Factual MMMMMM

Quote: Peterbard

I also don't think any court would accept an application form as a contract.

Quote Number 6

That's not what S127 says!

Fact

Section 127 gives a instruction to the court not to enforce an agreement under certain conditions.

There is nothing there that tells it when it must enforce it.

As I have said before section 127 is there to prevent frivolous applications for making the agreement unenforceable. It is issued with a set of instructions where it cannot act to enforce agreement (Prescribed terms).

After that it is up to the judge to decide.

Really it is a safety net and not a get out of jail ticket as you said somewhere.

Quote NO.6

With respect, no. I think it's important to present the best interpretation that we can to the members reading this thread and expecting good guidance.

(Bit patronising and self righteous don’t you think)

Agreed I was merely trying to defuse this time consuming exchange

As you can see anyone makes mistakes. I could go on but like I said there are bigger fish to fry.

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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what does it matter if someone on here doesn't condone it, they are not a judge and jury and morality seems to be something the banks have been missing for a long time. IF companies do not follow the law they cannot rely on it.

 

Agreed and well said.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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I have read alot of this thread and am a bit confused.

If a company cannot supply the Original loan agreement and exceeds the time periods specified. If the loan completly written off straight away by law or what happens after you have stopped making the payments? will you hae to go to court to clear the loan?

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Further to post 587.

 

Frank, the loan is not written off straight away. But really the banks have to take you to court to get it enforced. The trouble with that is that they have to admit that they themselves have broken the law, in order to get the agreement enforced by the court. It's a bit of an impasse. You don't have to carry on with the payments until they have the agreement enforced.

 

Now the two Petes, lets try a remain a little relaxed on here, we are trying to help either buy offereing advice or sharing our experiences. As Frank has shown, the longer the thread goes on (especially when there's infighting) the easier it is to get confused and NOT help anyone at all.

 

Shake hands lads!

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Shake hands lads!

 

Nothing would please me more.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Does this work in the same way for credit cards, overdrafts etc? MS are currently threatening to default me even though themselves have committed an offence by not providing the signed agreement.

 

I was asking for it to try and get them on the back foot before claiming charges back. Now with the default threat and their general shoddy behaviour I am tempted to let them try to push the thing to court and see what happens....risky though?

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So, if all of the other processes have been done and it goes to court. how does it lie in court then? what are the odds of them turning up and what sort of evidence/defence do you need colate to have a good case of clearing the unenforceable loan

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Does this work in the same way for credit cards, overdrafts etc? MS are currently threatening to default me even though themselves have committed an offence by not providing the signed agreement.

 

I was asking for it to try and get them on the back foot before claiming charges back. Now with the default threat and their general shoddy behaviour I am tempted to let them try to push the thing to court and see what happens....risky though?

 

This is my personal opinion only and may not account for much, but if they are now in default, or better still over the extra month and in the offence situation, I would push them into taken action. The account is obviously in dispute , and with a CCA default I doubt a judge is going to be very happy with them. That Judge is the only one who can decide it.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I think I will send them a very strongly worded letter telling them that if they continue with the default notice then I will be taking them to court whereupon they will have to show the judge the CCA and explain why they haven't provided me with a copy and committed a criminal offence.

 

Doubt it will exactly have them quaking but I will see how they respond. I believe this has been done in retaliation (due to the timing) of my requesting charges back and the date letter was sent out. It was from the same person I requested charges from!

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Gents I am confused ~ as I understand matters if the agreement arrives for signature and you DO NOT SIGN IT ~ Then you will not be legally bound by the agreement. That's fact.

 

If therefore the Loan company or whoever cannot provide you with a true signed copy of the agreement - how can they substantiate it exists or ever existed?

 

Zootscoot please clarify this one for me ~ as I say I am lost ~ many thanks

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What a brilliant thread, i would like to ask a question, regarding a very old contract.

 

I have requested my original current account contract signed 1996 i have been told that as it was such along time ago this is not available.

 

Is this correct? the contract is against an account with overdraft owing.

 

The account has gone through a few changes since opened, lloyds joined TSB and basic account went to Classic account. Wouldn't this of created a new contract.

 

Thank you for advise.

BL:)

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Gents I am confused ~ as I understand matters if the agreement arrives for signature and you DO NOT SIGN IT ~ Then you will not be legally bound by the agreement. That's fact.

 

If therefore the Loan company or whoever cannot provide you with a true signed copy of the agreement - how can they substantiate it exists or ever existed?

 

Zootscoot please clarify this one for me ~ as I say I am lost ~ many thanks

 

If you dont sign a contract then it will be very difficult if not next to impossible to enforce it. Dont forget though in this internet era, there are ways of electronically signing which have been allowed in the 2004 revision. Clicking that continue button could mean you have just signed the agreement.

 

That in itself could open another can of worms just ready and waiting for identity theft to strike.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I am not very well up on these legal terms so bare with me.

 

I was of the opinion that if a company does not supply the credit agreement within the 12 working days+30 days period then they have committed a criminal offense. I then thought that you could take steps to have the debt written off. If however they did not write the debt off and you ended up in court, because they had committed a criminal offense and companys/people are not allowed to profit from a criminal offense then you could at the very least ask for all the interest you had been charged to be refunded.

 

Don't know if I have the write end of the stick so don't shout at me if I haven't.

 

juli99

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I am not very well up on these legal terms so bare with me.

 

I was of the opinion that if a company does not supply the credit agreement within the 12 working days+30 days period then they have committed a criminal offense. I then thought that you could take steps to have the debt written off. If however they did not write the debt off and you ended up in court, because they had committed a criminal offense and companys/people are not allowed to profit from a criminal offense then you could at the very least ask for all the interest you had been charged to be refunded.

 

Don't know if I have the write end of the stick so don't shout at me if I haven't.

 

juli99

 

Hi Juli

 

We never shout at anyone here! lol

 

What you ask is a grey area and if it were to go to court you may well end up with that type of result. But it's at the whim of the court.

 

ete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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I am not very well up on these legal terms so bare with me.

 

I was of the opinion that if a company does not supply the credit agreement within the 12 working days+30 days period then they have committed a criminal offense. I then thought that you could take steps to have the debt written off. If however they did not write the debt off and you ended up in court, because they had committed a criminal offense and companys/people are not allowed to profit from a criminal offense then you could at the very least ask for all the interest you had been charged to be refunded.

 

Don't know if I have the write end of the stick so don't shout at me if I haven't.

 

juli99

 

From my understanding of it your basically correct, as Number 6 as also mentioned above...however, taking steps to ahve it written off isn't quite correct.....

 

If they have not produced the docs fter the 42 days then the agreement becomes unenforcable and therefore no interest or charges can be applied and they cannot take steps to recliam the money under that particular agreement - unless they go to court to have it reinstated.....if it goes to court however, they'd have to explin why they didn't provide it so many lenders haev just written the debts off, to aod court.

 

However a judge can rule that the agreement is to be reinstated and therefore you would have to repay the balance.....

 

A breach of the CCA request doesn't entitle a consumer to automatically get a debt written off (just wanted to make tht clear!!) :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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they cannot take steps to recliam the money under that particular agreement - unless they go to court to have it reinstated.....if it goes to court however, they'd have to explin why they didn't provide it so many lenders haev just written the debts off, to aod court.

 

Sorry but IMHO you are not quite correct.

 

A failure to produce the properly executed agreement renders the agreement invalid, not the loan. You have still borrowed or spent the money and the Law of Property decrees that you have to pay back what you've borrowed. The lender can prove that you have borrowed the money by other means and is entitled to it's return. You may even make matters worse as once the agreement is cancelled then the whole sum becomes immediately repayable!

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Hi Pete,

 

Thanks for bringing that up....you said it in a muc better way than I did, but I meant it in essence, that's why I said they couldn't go for it under that particlular agreement.

 

Thanks for amking it clearer though! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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"You may even make matters worse as once the agreement is cancelled then the whole sum becomes immediately repayable!"

 

Unless of course the sum the lender claims contains a proportion of unlawful charges and intrest levied on those charges. In which case the lender has a headache.

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"You may even make matters worse as once the agreement is cancelled then the whole sum becomes immediately repayable!"

 

Unless of course the sum the lender claims contains a proportion of unlawful charges and intrest levied on those charges. In which case the lender has a headache.

 

Yes, of course.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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I am starting to get a distinct impression that loan companies are not liked very much in this thread:lol:

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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