Hi & Thanks. Currently they have agreed to pay for my uninsured losses (helmet and suit, I am motorcycle rider) and also the cost to repair my vehicle which they have authorised with with the workshop, and also the hire vehicle they have provided. I have no injuries that warrant a claim in my opinion. So looks like I am good to sign. Thanks again, John

Hi all, I was knocked off my motorcycle two weeks ago by a driver on their phone. Her insurance company agreed to accept liability - however they have now sent me an 'Assignment and agreement form' to sign as the insured was in breach of their contract. They have said that if I sign this form, they will payout as agreed, rather then me have to persue her through the courts to get an order, which ultimately they will have to pay. I get this is cost avoidance on their part, but is it normal practice and is the form (below) ok, I am slightly worried about this section " NOW IT IS AGREED AS FOLLOWS:- (i) EUI Ltd shall make and the Claimant shall accept a payment and payment shall be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against EUI Ltd in respect of the damage to property and/or bodily injury caused by or arising out of the incident. (ii) The Claimant acknowledges receipt of this payment". As no payment has been made yet. I have asked them to provide a full breakdown of what they will pay before I sign the form. Thanks John ================================================ ASSIGNMENT & AGREEMENT This Assignment and Agreement is made the xx June 20xx between Mr xxx xxx (hereinafter referred to as "the Claimant") and EUI Ltd of PO Box 18, Cardiff CF10 3WX (hereafter known as ‘EUI Ltd’). WHEREAS (a) The Claimant has suffered damage to property and/or bodily injury caused by or arising out of an accident dated xx xxx 20xx (b) In the light of the enquiries that have been made it appears that: (i) An ‘uninsured driver’ is liable or is held liable to the Claimant in respect of the damage to property and/or bodily injury arising from the accident. (ii) This liability is a relevant liability as defined in paragraph 5 below. (iii) There is no Insurer (or no Insurer whose identity can be ascertained) who is obliged under any contract of Insurance to indemnify the Uninsured driver in respect of this liability. (iv) The Uninsured driver at the time of the accident was driving vehicle insured under a contract of Insurance between EUI Ltd and a person insured or purportedly so insured by EUI Ltd; ‘the Insured person’. (v) Accordingly by virtue of and in accordance with the provisions of the Road Traffic Act 1988, EUI Ltd could become liable to satisfy a Judgment obtained by the Claimant against the Uninsured driver in respect of this liability should the Claimant litigate the matter © The Claimant has applied to EUI Ltd or the Uninsured Driver for payment of fair and reasonable compensation in respect of the damage to property and/or bodily injury and has offered to assign to EUI Ltd his/her rights of action against the Uninsured Driver as set out below. (d) EUI Ltd is desirous of avoiding delay and unnecessary litigation and cost and has offered to make a payment to the Claimant based on the fair and reasonable compensation for the damage to property and/or bodily injury and to take and assignment of the Claimant's rights of action as set out below. NOW IT IS AGREED AS FOLLOWS:- (i) EUI Ltd shall make and the Claimant shall accept a payment and payment shall be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against EUI Ltd in respect of the damage to property and/or bodily injury caused by or arising out of the incident. (ii) The Claimant acknowledges receipt of this payment. ASSIGNMENT 2.1 The Claimant hereby assigns and transfers to EUI Ltd absolutely: (a) All rights of action and right to claim damages (other than in contract) of the Claimant against the Uninsured driver and the Insured person in respect of the damage to property and/or bodily injury caused by or arising out of the accident and; (b) All rights of action and right to claim damages (other than in contract) of the Claimant against any person in respect of the damage to property and/or bodily injury caused by or arising out of the accident, providing always that such person was at the time of the accident under a relevant liability as defined in paragraph 6 below. 2.2 Accordingly EUI Ltd shall be free, but not obliged to make claims and take legal proceedings in its name against the Uninsured driver and the Insured person and/or any other persons referred to in paragraph 2.1 (b) above. EUI Ltd shall indemnify the Claimant in respect of the costs of such claims and legal proceedings if not recoverable from the Uninsured driver and the Insured person. CONSENT TO MAKE CLAIMS AND TAKE PROCEEDINGS IN THE NAME OF THE CLAIMANT 3.1 Additionally the Claimant irrevocably agrees to permit EUI Ltd to make claims and take legal proceedings in the name of the Claimant: (a) Against the Uninsured driver and the Insured person in respect of the damage to property and/or bodily injury caused by or arising out of the accident, and/or; (b) Against any other person in respect of the damage to property and/or bodily injury caused by or arising out of the accident. 3.2 EUI Ltd shall indemnify the Claimant in respect of the costs of such claims and legal proceedings if not recoverable from the Uninsured driver and the Insured. 3.3 The benefit of proceedings shall accrue to EUI Ltd. 4. INFORMATION AND ASSISTANCE As a condition precedent the Claimant undertakes to give EUI Ltd and their Agents all information and assistance in his/her power and understands that he/she may be required to give evidence in legal proceedings and agrees to give such evidence. EUI Ltd will pay the Claimant's reasonable expenses incurred in providing such information and assistance and/or attending as a witness at such legal proceedings. 5. VALIDITY If for any reason it shall hereafter appear that this assignment is or might be in part or in whole invalid or of no effect the Claimant hereby authorises the EUI Ltd at its own expense to bring against the Uninsured Driver or Insured person in his name, such claim as may appear to it expedient, EUI Ltd indemnifying the Claimant and holding him harmless in respect of all costs and liabilities arising out of such claim; and in the event that it shall hereafter appear that the assignment hereof is in part or in whole invalid or of no effect the Claimant shall execute in favour of EUI Ltd an assignment of the proceeds of such claim and shall be liable to reimburse EUI Ltd in respect of its outlay; Provided that (1) the EUI Ltd will not seek to enforce such reimbursement other than by the recovery of the aforesaid proceeds of the claim against Uninsured Driver or Insured person and (2) to the extent that the assignment hereof is valid and effective the same shall subsist and the EUI Ltd shall not be required to execute any re-assignment to the Claimant 6. DEFINITIONS In this Assignment and Agreement:- "Contract of Insurance" means a policy of Insurance or security. "Insurer" includes the giver of security. "Relevant Liability" means a liability in respect of which a policy of Insurance must insure a person in order to comply with Part IV of the Road Traffic Act 1988. "Accident" includes two or more casually related accidents. Signature: ...................................................Claimant: ...................................………. Signature: ................................................... For and on behalf of EUI Ltd ==================================== Thanks again John

Ok, thanks again Steven

Quick Question: I already requested that they send me the docs in the first letter. I did not send a cheque. Do they still have to send? Note they did not acknowledge the request nor the notice. Do they still have to send?

Ok, Thanks Steven. The default was for £500 according to the report (although I doubt it was such a round figure) and the limit on the card was £300 by my request so the default was made up by at least £200 or 40% charges. So I guess my next step is to send a S.A.R - (Subject Access Request), then prelim? Thanks, John

Hi all, First time posting after lots of reading. I have satisfied a default recorded on my credit file for a Cap1 credit card agreement. To cut a long story short, I was involved in a really serious motorcycle accident in april 2006. It was touch and go (airlifted, lossed most of my own blood etc etc), then I was hospitalised for around a month then discharged into the care of my girlfriend. I was given lots of super strong pain-killers to take and was told I would be unable to walk for at least a year. No problem there, got through it. 1 problem: All of my credit cards, mortgage etc were all on direct debit bar one. My Cap1 card. This went into arrears and then defaulted. I REALLY do not recall receiving a default notice I was unable to even look after myself. I paid the default in full as soon as it became apparent via checking my credit file after being turned down for a loan. I can't open a bank account, I want to move but I doubt I'll get a decent mortgage. I tried explaining this to cap1 over the phone, they said they'd pass the info on to the relevent department, a few weeks later a letter arrived stating their information was correct and therefore they would not remove the default. Since I have read up here, and sent the below version of surelybonds template: Since, I have had reply, received on today (10th March 2008) dated 5th of March and sent 1st class no less. Now, this in my mind : In no way acknowledges the receipt of my S10/12 In no way acknowledges my requests for the documentation (agreements, default notice etc) in the letter. Is treating me like I do not know how they update CRA's. In fact, it almost seems like they haven't even read my letter fully. What should I do next? Any and all help fully appreciated. Munky

Hi all, First time posting after lots of reading. I have satisfied a default recorded on my credit file for a Cap1 credit card agreement. To cut a long story short, I was involved in a really serious motorcycle accident in april 2006. It was touch and go (airlifted, lossed most of my own blood etc etc), then I was hospitalised for around a month then discharged into the care of my girlfriend. I was given lots of super strong pain-killers to take and was told I would be unable to walk for at least a year. No problem there, got through it. 1 problem: All of my credit cards, mortgage etc were all on direct debit bar one. My Cap1 card. This went into arrears and then defaulted. I REALLY do not recall receiving a default notice I was unable to even look after myself. I paid the default in full as soon as it became apparent via checking my credit file after being turned down for a loan. I can't open a bank account, I want to move but I doubt I'll get a decent mortgage. I tried explaining this to cap1 over the phone, they said they'd pass the info on to the relevent department, a few weeks later a letter arrived stating their information was correct and therefore they would not remove the default. Since I have read up here, and sent the below version of surelybonds template: Since, I have had reply, received on today (10th March 2008) dated 5th of March and sent 1st class no less. Now, this in my mind : In no way acknowledges the receipt of my S10/12 In no way acknowledges my requests for the documentation (agreements, default notice etc) in the letter. Is treating me like I do not know how they update CRA's. In fact, it almost seems like they haven't even read my letter fully. What should I do next? Any and all help fully appreciated. Munky