Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

SuperVillain

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    595

  • Joined

  • Last visited

  • Days Won

    4

 Content Type 

Everything posted by SuperVillain

  1. SuperVillain
    They can apply for that court order as they have said - with that order when they next attend your property they can serve by posting through your letterbox and it would be deemed good service (ordinarily a bankruptcy petition has to be handed to you. Unfortunately the definition of bankruptcy is an inability to pay your debts as they fall due. How much of the debt is still left to pay? The bankruptcy petition won’t guarantee them immediate payment. Do you have other debts?
  2. SuperVillain
    It’s no secret though. Yet official figures showed that the number of whiplash claims made has been falling year on year https://www.lawgazette.co.uk/news/compensation-culture-stats-reveal-claims-numbers-in-freefall/5065804.article
  3. SuperVillain
    King I once defended a PI claim from a wing mirror being knocked off lol. For the OP - The guy’s whiplash claim will be what £2k. Defending the claim on causation grounds in the fast track is expensive. By the time it hits trial If you lose you’ll be on the hook for about £5k in Damages and Costs. You’d be looking at around £5k to defend the claim to trial, so that’s around £10k in the hole if you lose. And even if you win you won’t gst that £5k back from the Claimant. Unless the Judge finds the claimant fundamentally dishonest but that’s a ridiculously high hurdle to overcome. Makes more economic sense to give him the £2k. Our insurance premiums would be considerably higher if insurers fought every low value PI claim.
  4. SuperVillain
    OP did you take a photo? Of the back bumper?
  5. SuperVillain
    By the way at over £10k your litigation is fast track not small claims so more involved and there will be adverse cost consequences (I.e paying the other sides costs) if you lose or you fail to beat at trial a Part 36 settlement offer the other side make. So bottom line. Help your solicitors any way they ask.
  6. SuperVillain
    Wow 121 days, Albany have excelled themselves. You have very little choice here. As I’ve repeated several times above, if you don’t submit your bank statements you will not have the evidence to back up the hire claim in court. If you don’t cooperate with the solicitors you could be in breach of contract. Did you read the hire agreement before you signed it? It’s not a claim. Credit hire is more expensive than direct hire, as I’ve said above.
  7. SuperVillain
    Although in this case the OP has an insurance policy so the MIB might well appoint her own insurers to settle the third party claim as this is an indemnity issue between the insurers and the OP (i.e. OP has breached her insurance contract). And then OP's own insurers will pursue her for anything they pay out.
  8. SuperVillain
    This is normal, the insurance excess is what's called an uninsured loss so it's not the insurance company's responsibility to recover it (sometimes they do it off their own back). If you have an injury you should really instruct a solicitor. Which solicitor is entirely up to you, there are reviews of various solicitors online, and your insurance company may be able to recommend one. Otherwise see if there's a local solicitor who does PI work and can give you a free 1hr initial appointment.
  9. SuperVillain
    Good stuff, hopefully they'll sort it out themselves with the Defendant's Insurers/Solicitors. If anything else crops up just post back on here, but ultimately, as long as you cooperate with Enterprise's solicitors you should have no issues.
  10. SuperVillain
    I'm not sure of the right answer here in terms of suing people, but you say in your first post it's not huge sums of money in question. Maybe the starting point should be https://www.fca.org.uk/consumers/report-[problem]-unauthorised-firm reporting them to the FCA. On their website the FCA suggest if you lost money you should report to Action Fraud too. Just a thought. EDIT: the link doesn't work because the word s cam is part of the address, however if you go on the FCA website and click the 'consumers' tab there is a button to click to report a s cam which takes you to the same page.
  11. SuperVillain
    Raise this with the Hire Company's Solicitors.
  12. SuperVillain
    In terms of credit hire cases generally, an invoice for less than £1,000 is small fry. In my view, unless the Defendant's Insurers believe they can challenge the full amount of the credit hire (e.g. you didn't need a hire vehicle at all), the chances of this seeing the inside of a Court room are very slim. However I would still recommend you fully cooperate with the hire company's solicitors.
  13. SuperVillain
    OP, it's hearsay and it is admissible in evidence. You could put it in your own statement if you heard it. and if the police heard it, another statement would be required from them. Do you know if your insurers have obtained a police report? This has already been asked and if you don't know, you need to ask your insurer. If the police officer heard the admission, it might be in the written report (if there is one). Interviewing a police officer for the purposes of an insurance claim is something that some police forces charge for, and your insurer may not be willing to pay for this. Ultimately, if you want the officer to give evidence, the reality of it is that it's unlikely to happen...that's why you need a copy of the police report. BF, I think the OP meant child car seats that their own insurer wouldn't pay for.
  14. SuperVillain
    What's happened here is that the third party insurer's repairing garage has poached a credit hire claim (for a little referral fee I would imagine). You chose not to use your own insurers so I'm not surprised they won't intervene. They have had no say in this situation. Furthermore, specifically with regards to the credit hire, the third party insurers have not arranged this. Had you gone through them, they would have instructed a hire company to provide you with a hire vehicle at a vastly reduced rate. Here's what I posted on another thread regarding credit hire a few days ago - the same applies to your situation: "Ok firstly credit hire is different to a courtesy car. It is a hire car and when you sign the agreement you effectively sign to say that you are ultimately liable for the hire charges, and furthermore that you authorise the hire company and any solicitors they instruct to pursue recovery of those charges from the at fault party. In the most simple terms, the legal position with recovering credit hire charges surrounds 3 issues - did you need a hire vehicle, did you hire the vehicle for a reasonable time, and did you hire for a reasonable rate. The first two are usually non-issues and the rate is what is very often challenged because the cost of credit hire is often so much more excessive than direct hire (e.g. had you just hired a car from enterprise or thrifty etc). As with any claim in tort there is a general duty that the claimant must keep their losses to a minimum (i.e. mitigate their losses). The legal position with the rate is that if you do not have the money to hire a vehicle directly from a mainstream provider, you are entitled to recover the full credit hire rate. If you did have the money to hire directly, you are only entitled to recover the lowest rate from the range of mainstream providers. Depending on the types of vehicles that we're talking about the difference between the credit hire rate and the direct hire rate could be from the tens to the hundreds of pounds per day plus VAT. So the reason your bank details are required is to evidence the above in any litigation that may ensue. Obviously this is sensitive personal data and the solicitors on both sides will have obligations under the GDPR to process it appropriately. As I said in the other post, if you don't provide your bank details the impecuniosity argument will automatically fail at court, and furthermore if the solicitors/hire co decide that you're being uncooperative then you may be in breach of the terms of the hire agreement and leave yourself open to them chasing you for any shortfall."
  15. SuperVillain
    Agreed, OP you're in a bit of a bind with neither garage preparing to investigate substantially. But without that investigation you can't begin to know how the problem with the gearbox was caused. So maybe ask Skoda how much they would charge to investigate the fault fully and produce a report.
  16. SuperVillain
    DLG - direct line group...
  17. SuperVillain
    Did you sign a Client Service Agreement? If so, what does it say about the complaints procedure? You were asked to put it in writing, so did you? Did they send anything - e.g. an acknowledgment of your complaint letter and a timescale for them to provide a full response? Your post is a little vague - What is the nature of the issues? Was this matter in litigation or pre-issue? What did they do without instructions? What was the purpose of the consultation? Did the consultation take place? What was the breakdown of the £1.5k bill? The answer to your questions: 1) Can they sue me? - Yes, whether they should do or not is another question... 2) Should I pay Bill is £1500+VAT. I could possibly pay but it would create hardship. - it is hard to say, but you don't seem to think the bill is justified... 3) Should I do anything else. - not sure - the legal ombudsman is the correct course of action if your complains are being ignored.
  18. SuperVillain
    Ok firstly credit hire is different to a courtesy car. It is a hire car and when you sign the agreement you effectively sign to say that you are ultimately liable for the hire charges, and furthermore that you authorise the hire company and any solicitors they instruct to pursue recovery of those charges from the at fault party. In the most simple terms, the legal position with recovering credit hire charges surrounds 3 issues - did you need a hire vehicle, did you hire the vehicle for a reasonable time, and did you hire for a reasonable rate. The first two are usually non-issues and the rate is what is very often challenged because the cost of credit hire is often so much more excessive than direct hire (e.g. had you just hired a car from enterprise or thrifty etc). As with any claim in tort there is a general duty that the claimant must keep their losses to a minimum (i.e. mitigate their losses). The legal position with the rate is that if you do not have the money to hire a vehicle directly from a mainstream provider, you are entitled to recover the full credit hire rate. If you did have the money to hire directly, you are only entitled to recover the lowest rate from the range of mainstream providers. Depending on the types of vehicles that we're talking about the difference between the credit hire rate and the direct hire rate could be from the tens to the hundreds of pounds per day plus VAT. So the reason your bank details are required is to evidence the above in any litigation that may ensue. Obviously this is sensitive personal data and the solicitors on both sides will have obligations under the GDPR to process it appropriately. As I said in the other post, if you don't provide your bank details the impecuniosity argument will automatically fail at court, and furthermore if the solicitors/hire co decide that you're being uncooperative then you may be in breach of the terms of the hire agreement and leave yourself open to them chasing you for any shortfall.
  19. SuperVillain
    Without a CPR compliant medical report you have no solid evidence of the claim for damages that can be valued in accordance with the judicial college guidelines. As a defendant PI lawyer I know I wouldn't settle without a medico-legal report, and those big name insurer panel solicitors like DWF, BLM, Keoghs etc (inevitably going to be on the other side of this) are very unlikely to do so either...
  20. SuperVillain
    carthings - once you have your own post I will respond...
  21. SuperVillain
    The report to the DWP is the correct procedure, any appropriate recoverable benefits paid to your relative will be deducted from their damages and paid to the DWP directly. The notification to the DWP will also bring to light any NHS charges which the Defendant will have to pay if liable (eg charges for X-rays, scans etc) Has your relative considered instructing a solicitor yet? There are steps which need to be followed in bringing this claim as set out in the Civil Procedure Rules.
  22. SuperVillain
    Here's my two pence worth, others may disagree. Remember this is a witness statement of facts - yours contains a lot of arguments (submissions), and in my opinion, not enough detail as to what was wrong with the laptop and why you hold the Defendant to be liable. Your witness statement is in effect your story as to what happened, so it should be chronological and detailed : in brief, you saw the laptop on Amazon Marketplace, noted what you thought was the UK seller, bought the laptop, had issues with the laptop, tried to return the laptop, found out it was not a UK seller and the CRA did not apply, had issues shipping the laptop back, were unsatisfied with the repair offered, and eventually refused a refund due to Amazon messing you around till you were in breach of their T&Cs. Your first 3 paragraphs go into a lot of detail about the issues with identity of the defendant, however as this was sorted out by application to the Court I don't think you need to repeat that in your witness statement. Paragraph 29 doesn't need to be in the statement. Again your paragraphs 30 and 31 don't need to be in the witness statement - write a letter to Court and to the Claimant with all that included and raise it with the Judge before the hearing.
  23. SuperVillain
    The only way you could be certain is to ask them to provide a full and detailed breakdown of their costs and why they have increased.
  24. SuperVillain
    https://www.eurogamer.net/articles/2015-05-28-playstation-digital-policy-under-the-spotlight-on-bbcs-watchdog-tonight https://www.eurogamer.net/articles/2016-04-18-a-year-after-watchdog-hows-sonys-digital-refund-policy-working-out This doesn't look to be a new issue...
  25. SuperVillain
    Also, any payment received in this claim would be your son's money not yours. So I'm not sure the debt collectors could just take it, as I think it would usually be paid into Court to be held until your son turns 18...

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...