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vjohn82

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Posts posted by vjohn82

  1. Perfect Home - CC Claim in process from JC International

     

    Got a claim form through relating to a Perfect Home agreement.

     

    Items for that agreement had been returned and I was notified the balance had been written off.

     

    Need to dig out docs for it.

     

    Just one question; I know some loans were written off as such for having unlawful PPI added etc. Is this the same for HP agreements which had those protection policies on?

  2. do it here well move it

     

     

    dx

     

     

    Ok thanks. Tried doing it at work too but it's still essentially using the input box as a hyperlink.

     

    POST:

     

    My wife has £20k of debt from 2 HP (car) agreements, a bank loan, store card, 2 credit cards and a laptop.

     

    She has gone over her capacity for paying this back.

     

    We haven't been married for long so the scale of all of this was kept hidden from me for some time but hey, it's one of those things.

     

    My credit was shot to pieces by companies like Turnbull Rutherford (blast from the past) but over the past few years has been getting better. I'm in a position to apply for a mortgage in my own name etc.

     

    Anyway, my wife earns £1100 after tax etc. Her debts, on a monthly basis, equate to around £600+ per month.

     

    I'm thinking at this stage she is best declaring bankruptcy. She has gone way over her head with this. No idea what kind of finance institutions were carrying out credit checks to allow her to be in this much debt but it's the situation she's in and one I have inherited because I love her and don't want for this to affect our relationship.

     

    Does anyone have any advice on whether this would be a positive step for her bearing in mind she has no assets, no career which would ever require bankruptcy being a problem and cannot afford to repay the amounts they are demanding per month.

     

    All other attempts at negotiation etc have failed with the finance depts of the respective companies and, to be honest, I already have a lot of maintenance payments to make and my education fees to cover so it's not realistic for me to take on these debts.

     

    Thanks in advance.

     

    V

  3. Hi,

     

    Two bus lane contraventions 3/4 minutes apart. No choice but to lead into the second one as the only right turn available is into the bus paddock/one way system (in the wrong direction).

     

    No PCN received initially. Sent email once a demand type letter was sent.

     

    This is what I've managed to scan for both at the moment. I can obtain the other letter and scan for Friday.

     

    Can anyone assist with this or should both just be paid? Seems disproportionate to me in any event.

     

    Thanks,

  4. Personally I think they will hold me at fault judging by their attitude. Could just be an expensive lesson. I just don't see how my current company can justify raising a premium based on something that "might" happen in the future. Not precisely sure what risk they are opening themselves up to regardless but hey, it's a screwed up world.

  5. Hi I told them I was in between addresses and they said as long as my work address was ok, it would all be fine. My ex wife cancelled DDs without me knowing and when they tried to take a payment they gave a notice letter which, again, she did not pass onto me. It's been a nightmare of a divorce. Anyway, they cancelled insurance and refused to reinsure. I was pulled the day after it was cancelled. So I went to another company, they agree to insure me and the premium was £1200 based on the IN10 I am going to get in the future (I still don't have one 5 months later - no idea what the courts are playing at but there we are).

  6. I was caught without insurance.

     

     

    The company wrote to me cancelling the policy at my ex-wifes house

    and she didn't notify me (I was between addresses at this point - no fixed abode).

     

     

    I have still not been through any court process and while it is likely I will be getting an IN10 in the future,

    my insurance company want to charge me from the date the incident occurred despite no court process yet finding me guilty.

     

     

    Is this correct?

    Have insurance companies suddenly become Judge, Jury and Executioner?

     

     

    My insurance went up from £385 to £1200.

    Any advice appreciated.

    Thanks, Vin

  7. "whether anyone has had experience of an insurance company not resolving a claim and then it leading to the insured receiving a CCJ" seems a little at odds with " No claims registered against my insurance ".

     

    If your insurers were never advised of a claim by the 3rd party it is unsurprising they didn't "resolve it".

     

    If you never received court papers (due to moving) then a set aside should be fairly easy.

    You can then a) involve your insurers, and b) advise the 3rd party that you will defend any direct claim as well as involving your insurers ("joining" them into any action).

     

    Not really. There are no claims against my insurance. So if my insurer disputed a claim made against my policy, for whatever reason, I have now been landed with a CCJ from the guy/solicitor/insurer who attempted to make that claim.

  8. I'm with BankFodder here, more details needed.

     

    If I replied "well, there are things you can do ....." and left out the details, you'd likely be scathing in return.

     

    So, details that might help :

     

    Did you receive court papers? (if not, a set-aside might be an option). If so, did you attend the hearing?.

    When did you notify your insurers of the incident, at the time, or since?. Were your insurers aware of the court action?.

     

    You note "It was alleged I drove into the back of someone." Are you saying you weren't the driver during the incident?, That you were the driver but the vehicles never made contact?, That the vehicles made contact and you were the driver but that you were stationary and they reversed into you?.

     

    That you did drive into the rear of another vehicle (these things happen!) but that they have inflated the claim for damage they have suffered?. Why is it merely "alleged" (since it appears a court believed them, unless you are saying that something else happened and you didn't get to defend the claim .....)

     

    Similarly, you note 'The guy who has "sued" me' ... why the "sued" in quotation marks ... he clearly has sued you (and, for now at least, won....)

     

    Help us to help you, with a little more detail...........

     

    I'm quite experience with set asides of CCJs etc... I was just asking a general question about whether anyone has had experience of an insurance company not resolving a claim and then it leading to the insured receiving a CCJ.

     

    I literally had sparse details at this time.

     

    That being said, I was driving a vehicle but the driver in front reversed into me at the lights. A bus needs to make a very sharp turn at the junction; so much so that lines are marked out. He went over the lines due to traffic build up, saw his car was going to be swiped and in my opinion panicked and reversed back. No damage was visible on either car but I informed my own insurance company that he had reversed into me.

     

    Nothing else was ever done about it. I have since moved address. No claims registered against my insurance. Nothing. Hence this all being such a mystery.

     

    I have obtained the POC. I have the CCJ ref. I have the solicitors details.

     

    When I said "sued me" it was because I'm not sure if it was him directly or the insurers suing me to cover a loss. So I'm not going to write something here which is an assumption. The courts have not been that forthcoming with the information either.

     

    I'm waiting on a callback from the solicitors so I'll update when I have a chance later on.

  9. Rather frustrating but despite being very careful with my credit file for the past 3 years I've now been landed with a CCJ.

     

    I had a car accident in December 2012. It was alleged I drove into the back of someone.

     

     

    I had fully comprehensive insurance anyway.

     

     

    Despite the driver and his legal team lying in their initial statements

    (they claimed that there was CCTV footage of the incident - there was not of course)

    I left it in the hands of my insurer.

     

    Turns out a CCJ was registered in Feb this year.

     

    Does anyone have any experience of this?

  10. I have a person who has come to me with a problem.

     

    They agreed to pay monthly with a garage for a vehicle.

    They signed a scrap of paper to pay £150 a month for it.

    And it literally is a scrap of paper.

     

    Car value at the time of purchase was £2195 as signed for

    but obviously this value is not genuine because since purchasing,

    it has become clear the car is not all it seems.

     

    Various problems cropping up and have since discovered it is a CAT C.

    The problems have been fixed by my friend as the garage did not want to know.

     

    No credit agreement in force.

     

    Nothing binding that way.

     

    However, the log book is registered in my friend's name and they are, in effect, the full owner.

     

    So my question is, what rights doe this person have?

  11. Hi all,

     

    Been a while since I have posted here. Lots of legal stuff going on with a libel case (which I successfully defended).

     

    I digress; a situation has occurred and I have no idea what it means in law.

     

    Perfect Homes took a payment out of an account twice. Does this count as a breach of contract? If so, what realistic remedy is afforded to the non-breaching party?

     

    I know the following are available:

     

    Damages

     

    The remedy that is most often used for a breach of contract is the remedy of damages -- payment in one form or another, made by the breaching party to the non-breaching party. There are many kinds of damages, and generally speaking damages may be very specific to the kind of breach that has occurred. Following are some guidelines on damages.

     

    Compensatory damages aim to put the non-breaching party in the position that they had been if the breach had not occurred.

     

    Punitive damages are payments that the breaching party must make, above and beyond the point that would fully compensate the non-breaching party. Punitive damages are meant to punish a wrongful party for particularly wrongful acts, and are rarely awarded in the business contracts setting.

     

    Nominal damages are token damages awarded when a breach occurred, but no actual money loss to the non-breaching party was proven.

     

    Liquidated damages are specific damages that were previously identified by the parties in the contract itself, in the event that the contract is breached. Liquidated damages should be a reasonable estimate of actual damages that might result from a breach.

     

    Specific Performance. If damages are inadequate as a legal remedy, the non-breaching party may seek an alternative remedy called specific performance. Specific performance is best described as the breaching party's court-ordered performance of duty under the contract. Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been had the breach not occurred.

     

    Cancellation and Restitution. A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party. "Restitution" as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while "cancellation" of the contract voids the contract and relieves all parties of any obligation under the agreement.

     

    However, I do wonder how realistic it would be for the non-breaching party to "cancel" an agreement under these circumstances?

     

    Thanks

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