Moneybarn claimform - Insurance didnt Pay out after Car Fire..now after balance

[Andyorch]

Yes when they disclose it and you exchange evidence and witness statements.

[moonlandings]

Yes when they disclose it and you exchange evidence and witness statements.

 

Hi andyorch I have a copy of the finance agreement, they sent it to me weeks ago. They have also offered me the chance to settle before going to court, they said they will take £400 off of their claim, does thus indicate that they feel they may not win their claim?

[Andyorch]

Thats not really a sign of the strength or weakness of their claim...as it may cost them a further a £400 to proceed with the claim...so cheaper to agree a settlement with yourself and end the claim rather than proceed and possibly win.

 

Have you upload the agreement to your thread?

[moonlandings]

Hi andyorch I will now try to upload my agreement with moneybarn.

 

Moneybarn asked for the keys and documents to the vehicle, to be returned to them after I informed them that the vehicle was a total loss, as I had paid more then 2/3 of the finance agreement, does this not mean that their request ended the agreement?

It's a conditional sale agreement.

 

. Any help with the documentation above regarding their validity would be much appreciated. Court date is the 15th December

20171114_00006.pdf

[Andyorch]

You must redact all identifiable information before uploading documents...agreement number and signature showing and name scratched through is still visible.

 

Uploads unapproved

 

 

Andy

[Andyorch]

Registration and chassis numbers still showing...unapproved

[theoldrouge]

Did you send the SAR to the insurers as advised long ago?

 

Did you send the CPR 31.14 request?

 

What was the exact wording of your defence?

[dx100uk]

thread tidied

[moonlandings]

Hi theoldrouge,

I haven't sent a CPR 31.14 request yet,

I'm not sure who you send it to,

 

Hastings direct were who I believed my insurance was with,

but when they refused to pay out on the claim,

they disclosed advantage as the actual insurers,

and it was that company that said they would not pay out.

 

do I get their details from Hastings and pursue my claim with them or, should I just claim against Hastings?

 

Many thanks for all and any help.

[dx100uk]

[moonlandings]

??

[dx100uk]

post 16 syndrome again moonlandings..

 

you are asked questions

you are asked to do things..

you don't

you disappear for a month..

[moonlandings]

I answer the questions

Do what things??? Why would I send cpr 31.14 or sar requests to the finance company, as I guess that is what you are having a dig about

I do

I disappear for a month because my job involves a lot o foreign travel, I don't always have access to documents I need.

To be honest with you, I'm greatful for the help I have had from this forum, but I'm getting fed up with the constant digs I get from certain members, if you don't want to help just say so, or better still don't reply

[dx100uk]

well that's why we are here moonlanding to help...but we don't spoonfeed people

you have to help yourself,

not oh well stuff that i'm away for a month again soon I wont bother. then forget about it

click on the cpr 31:14 link and read about it

 

sar goes to the insurers as stated long ago...

[moonlandings]

I posted up copies of the credit agreement (which andyorch kept refusing to allow for one reason or another) not only did he read them to pick fault with how I had posted them, but couldn't be bothered to answer my questions about the legality of the documents, come to think of it, nobody has commented on them, are they ok or not? Obviously lots of effort and time going into picking faults in the posting, but not enough time to give me an answer.....

[dx100uk]

well at present that's not an issue ML

andy probably has other things to do for now

 

its looks enforceable [but wheres the T&C's]

but that's a given anyway and not what you need to sort out

you are not disputing its enforceability are you? [we've not seen the defence you filed despite asking...]

 

all this from 12th august 2016

you could have gotten the details then when asked then

but you disappeared for another year.

[Andyorch]

I posted up copies of the credit agreement (which andyorch kept refusing to allow for one reason or another) not only did he read them to pick fault with how I had posted them, but couldn't be bothered to answer my questions about the legality of the documents, come to think of it, nobody has commented on them, are they ok or not? Obviously lots of effort and time going into picking faults in the posting, but not enough time to give me an answer.....

 

The reasons for unapproving are stated in posts #30 and #31 above given that you failed to redact identifiable information as per the Forums Rules on uploading.....I have not had chance to look at the agreement in detail I was waiting for your interpretation contained within your witness statement that you should be about to submit.....have you submitted your witness statement and disclosures as advised in my post #21 above ?

 

Dont miss your dates or your defence will be struck out

[moonlandings]

Witness statement and disclosures submitted, court date is the 15th December

[Andyorch]

Witness statement and disclosures submitted, court date is the 15th December

 

Then you dont really need our opinion re the agreement....as its irrelevant given that you you have complied with the above

[moonlandings]

Having checked moneybarn documents this morning,

they have sent,

without me requesting them,

a default notice statement of account etc,

 

this would appear to be everything that a cpr 31.14 would request,

these seem to be photocopies of original documents,

 

the directions state that at the hearing,

the original documents must be produced,

 

my question is, would you still advise that I send moneybarn a cpr 31.14 request.

 

I'm using the SAR template letter,

to send to Hastings direct as I want to see what documents they have relating to my insurance claim,

 

the reason that they didn't pay out is because they voided my insurance because they say I didn't declare a speeding conviction

I know I did declare it.

 

My intentions now are to pursue a claim against Hastings for the sum of £8,200 which is the amount they agreed to pay out before they voided my insurance.

[theoldrouge]

No point now sending a cpr31.14 request

 

Without knowing the exact content of your defence,witness statement and disclosures it's really impossible

to give any advice

 

All cases are governed and managed by the Civil Procedure Rules

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules

[moonlandings]

Hi all,

well had the court case against money barn today,

which I lost...

 

.my defence was one of "frustration of contract " and some sections of the consumer credit act.

 

The judge didn't dismiss my frustrated contract defence out of hand,

but he chose to side with the claimant,

who had quoted a case that a judge had made a ruling on,

this dismissed any case that said that some events were "foreseeable "

 

the claimants defence was that my car going on fire was foreseeable!!

The judge today ruled that it was " foreseeable " that a motor vehicle could or would be written off ( however that may occur) hence the need for vehicle insurance.

 

onto my other defence using section 90 & 91 of the consumer credit act.

Which briefly states that if the goods are recovered by the creditor in contravention of section 90,

then the agreement if not previously terminated will terminate,

and that the debtor shall be released from all liability under the agreement,

and shall be entitled to recover from the creditor,

all sums paid by the debtor under the agreement.

 

Section 90 © states

'the creditor is not entitled to recover possession of the goods from the debtor except on an order from the court'.

 

I said to the judge that the claimant had effectively taken possession of the goods ( my car) by requesting the vehicle keys and documents, before they had issued a default notice, and, without an order from the court.this is in breach of section 90 of the act.

 

The claimant argued that the goods were with a salvage yard and not in possession of the claimant, therefore they had not repossessed the vehicle.

The judge did ponder this matter, but he again found in favour of the claimant.

 

I left court today £4600 worse of ( I will pay off on a payment plan as discussed with the judge.

I'm now going to pursue Hastings insurance.

 

Any thoughts please on what happened to me today?

And I will be seeking advice now to take Hastings to court to recover the £8700 they originally said that they were going to pay out.

 

Many thanks fir all and any replies

Moonlandings

[moonlandings]

Well the silence is defeaning.....kinda what I've come to expect on this forum really....I would like to thank you all for your help, but I can't,because you didn't.

[theoldrouge]

"Without knowing the exact content of your defence,witness statement and disclosures it's really impossible

to give any advice"

 

Well we never got to know so silence is the only option sadly