Car repo Dunctons ****WON****

[wannabedebtfreesoon]

"We haven't done anything wrong but will we give you £2000 anyway"!!!

[rcl]

oh and we didnt go on your property to take the car (1st response) , and if we did it was because it was ours to take anyway ! (2nd response)

[Surfer01]

I would say that they are worried and have realised that they now stand a chance of losing. I would say that the offer will also increase when you hit them with the Data Protection issue. At the moment if you accept the £2000 financially you are still out of pocket. You have them on the run, hit them where it hurts the most.

[rcl]

Good advice as always Surfer!

 

Its definately my intention to reply to their letter, and I will raise the data protection issue then.

 

Im greedy, I want more. I was asking for the return of my £2500 deposit, my belongings were approx £300 (sat nav which I DO have a receipt for was £220 alone is included in this) and I was requesting damages and interest.

 

£2000 offer is a good start, but I am prepared to take this to court if I need to.

 

There is also the wasted costs application which is pending

[wannabedebtfreesoon]

Good advice as always Surfer!

 

Its definately my intention to reply to their letter, and I will raise the data protection issue then.

 

Im greedy, I want more. I was asking for the return of my £2500 deposit, my belongings were approx £300 (sat nav which I DO have a receipt for was £220 alone is included in this) and I was requesting damages and interest.

 

£2000 offer is a good start, but I am prepared to take this to court if I need to.

 

There is also the wasted costs application which is pending

I was hoping you'd say that

You need to reply within 7 days according to part 36. Don't forget to put "Without Prejudice" on the top!

[Surfer01]

Bet they will be sweating over the next few days. Teach them not to take shortcuts.

[rcl]

Thanks wannabe, I wasnt aware of the 7 day rule, I will get a letter drafted up over the weekend.

 

Surfer, i hope you are right,

[wannabedebtfreesoon]

I believe it would come under CPR 36.8 "Clarification of Offer". I only thought that because it doesn't seem very clear to me, they haven't mentioned anything about writing off the rest of the agreement/release from further liability or about your credit file being amended, I think these are things that you need to push for if you are going to enter into further negotiations, it's no less than what you deserve ;-)

[rcl]

I believe it would come under CPR 36.8 "Clarification of Offer". I only thought that because it doesn't seem very clear to me, they haven't mentioned anything about writing off the rest of the agreement/release from further liability or about your credit file being amended, I think these are things that you need to push for if you are going to enter into further negotiations, it's no less than what you deserve ;-)

 

 

There is nothing on my credit file with regard to dunctons, no mention of anything, ever, Its like the agreement didnt exist as far as my credit file is concerned

[rcl]

Please could someone help me with CPr 36

 

From what I have read. CPR 36.2.2 c states

" specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with rule 36.10 if the offer is accepted;"

 

so as I read this, i gather that they are offering me £2K MINUS their solictors costs involved in making this offer ?

 

Is that right ?

 

My second question is asking for your opinion. Under these circumstances, how much would YOU settle for as an out of court offer ?

[wannabedebtfreesoon]

Please could someone help me with CPr 36

 

From what I have read. CPR 36.2.2 c states

" specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with rule 36.10 if the offer is accepted;"

 

so as I read this, i gather that they are offering me £2K MINUS their solictors costs involved in making this offer ?

 

Is that right ?

 

My second question is asking for your opinion. Under these circumstances, how much would YOU settle for as an out of court offer ?

With regard your first point I know it seems a bit confusing at first glance, but that is always their intention-intimidation. If you analyse it down what it actually says is: "We are offering you £2000 to call it quits and for you not to bring a claim against us. However, if you choose to refuse our offer and continue to bring a claim and you end up with a judgement of less than the amount we are offering you now, then we reserve the right to show our offer letter to the judge when he makes his decision about how much costs to award. That will show the judge that we previously offered to settle and be reasonable but you refused to accept our offer and will award you less costs as a result."

 

As for your second point, in your circumstances I'd ask for everything returned that you've paid under the agreement, plus the costs of your belongings and interest. Just so you are both returned to the position you were before this whole sorry mess began.

 

Although in MY circumstances the amount I have decided to settle for as an out of court offer is now up to £5 million!! You see every time they annoy me it goes up!! They annoy me quite alot

[rcl]

ah I understand the costs now !! Thanks

 

So an out of court settlement of £3000 ish ?

[wannabedebtfreesoon]

ah I understand the costs now !! Thanks

 

So an out of court settlement of £3000 ish ?

No prob

Only you can decide what settlement you'll be happy with

[letsdothis]

£3000 ish plus the costs of your missing items would be fair I think.

 

WBDFS would have got you more though. She's like the lawyer Tom Cruise played in the film A few Good Men. Now aptly remade for CAG - A Few Good Women.

[rcl]

 

WBDFS would have got you more though. She's like the lawyer Tom Cruise played in the film A few Good Men. Now aptly remade for CAG - A Few Good Women.

 

i agree !!! she is very good !

 

Im thinking it would save time if I told them in the letter that I would accept nothing less than £3K - do you agree ? I do have loads of time, just think we could stop these love letters if I cut to the chase ?

 

If I accepted an out of court settlement, and then they got hit with a wasted costs application, would this give them grounds to defend the wasted costs application ?

[Surfer01]

State that you are willing to settle out of court but find that the amount offered is insufficient to put you back in the same financila position prior to them taking the car. You want your full deposit back, cost of items taken with car, compensation for inconvenience plus a pro-rata amount on payments already made.

Failing this a charge of theft will be laid against Dunctons as the agent who instructed the repo people, secondly you will be claiming damages for infringment of Data Protection Act and thirdly all the stuff that you are already doing plus costs of time etc. Make them sweat!

[rcl]

State that you are willing to settle out of court but find that the amount offered is insufficient to put you back in the same financila position prior to them taking the car. You want your full deposit back, cost of items taken with car, compensation for inconvenience plus a pro-rata amount on payments already made.

Failing this a charge of theft will be laid against Dunctons as the agent who instructed the repo people, secondly you will be claiming damages for infringment of Data Protection Act and thirdly all the stuff that you are already doing plus costs of time etc. Make them sweat!

 

 

Thanks for the good advice surfer, will get something drafted this weekend x

[rcl]

with regard to my wasted costs application, the court requested i send an n252, notice of commencement of assessment to the claimant, which gives them 21 days to either pay the claimed amount, or enter an application with any amounts claimed that they have a dispute with. They have till 9th september to respond, so I guess they will make me an offer against this soon

[wannabedebtfreesoon]

with regard to my wasted costs application, the court requested i send an n252, notice of commencement of assessment to the claimant, which gives them 21 days to either pay the claimed amount, or enter an application with any amounts claimed that they have a dispute with. They have till 9th september to respond, so I guess they will make me an offer against this soon

That's cool!! I take it you already send the N252 then

 

What did you decide to do about their offer to settle in the end??

[wannabedebtfreesoon]

£3000 ish plus the costs of your missing items would be fair I think.

 

WBDFS would have got you more though. She's like the lawyer Tom Cruise played in the film A few Good Men. Now aptly remade for CAG - A Few Good Women.

Ahhh bless ya heart! You are too kind, thank you

i agree !!! she is very good !

 

Im thinking it would save time if I told them in the letter that I would accept nothing less than £3K - do you agree ? I do have loads of time, just think we could stop these love letters if I cut to the chase ?

 

If I accepted an out of court settlement, and then they got hit with a wasted costs application, would this give them grounds to defend the wasted costs application ?

In answer to your question - no not at all!! You mustn't forget that these are 2 very separate issues and 2 separate claims. They started the first claim, you defended, they discontinued, you applied for wasted costs end of....

You have written a letter before action based on their unlawful repossession and they have replied with a "Go Away" offer, this has nothing to do with the first claim so effectively they have no grounds for defending the wasted costs application on anything that happened after the event

 

You are just making an application because they wasted your time and money by bringing a claim and then discontinuing it!

[rcl]

n252 went last week recorded delivery

 

I'm not going to accept the offer for £2K. The minimum I asked for in both letters was the return of my deposit and belongings £3K, plus interest, and damages/compensation, so the £2K offer is a bit of an insult in that it doesnt cover what i was asking for

 

The ombudsman ruling on the welcome case just highlights that fact that i am entitled to ALL money paid plus interest back

 

I havent replied yet, but will do in the next few days. Im struggling to put a value on the damages i think i am due. I know your stance on it, My car originally cost £10995, i cant see them offering this lol

 

I dont want to hold out for more money than I will get, but nor do i want to undervalue myself

[rcl]

hmmm, If I charged Dunctons the same interest rate on my lost deposit of £2500.00, as they charged me on the agreement, I would be claiming an additional £1700 ish in interest, from the date I paid the deposit, until today:p

[rcl]

Ive accepted a cheque for £2800 from Dunctons yesterday as an out of court settlement for them taking my car off private property without a court order

 

I honestly have too much on at the moment to bother going to court, and it has already been going on for 2 years so I am happy with this settlement

 

It covers my lost deposit, and my belongings in the car,

 

They didnt admit liability, it was to save costs !

 

With regard to the wasted costs order that I applied for when they discontinued against me, I have paid my £300 for a costs hearing and just waiting for a date for the hearing to come through.

 

Will keep you updated

[wannabedebtfreesoon]

Ive accepted a cheque for £2800 from Dunctons yesterday as an out of court settlement for them taking my car off private property without a court order

 

I honestly have too much on at the moment to bother going to court, and it has already been going on for 2 years so I am happy with this settlement

 

It covers my lost deposit, and my belongings in the car,

 

They didnt admit liability, it was to save costs !

 

With regard to the wasted costs order that I applied for when they discontinued against me, I have paid my £300 for a costs hearing and just waiting for a date for the hearing to come through.

 

Will keep you updated

That's fabulous news!! You have to do what's right for you and as far as I'm concerned you are an absolute winner!! In perspective you have gone from defending a court claim to them paying you the best part of 3 Grand!!

CONGRATULATIONS MATE!!!!! WELL BLOODY DONE!!!!

 

WINNER!!!

[wannabedebtfreesoon]

Does anyone else think the title of this thread needs changing to ***WON***???