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  1. A couple of weeks ago I returned to my car in a supermarket car park to find that someone had scratched the bumper whilst reversing their car out. Another customer had seen them do it and stopped them, telling them to leave their details as they had damaded my car. The driver told the man to f*** off and drove away. The chap that saw the accident wrote down the reg number for me and gave me his details in case I needed a witness statement. I didnt realise that when insuring the car my missus had opted for a high excess and when we got quote for the damage it was just under the excess amount. The insurance company won't take any action against the other driver unless we make a claim and it's pointless doing that because it would increase our premium and the damage, as i mentioned, is less than the excess. I reported it to the police who basically said they have more important 'crimes' to be inmvestigating. I asked the police for the driver's address etc so I could persue them through the small claims court but they refused to provide it. My insurance company game me the details of the driver's insurance company but they too refused to let me have her details. Any idea where I can go from here? It's not really the money, the damage was less than £500, but it's the principle, I hate it when people know they have done something wrong and caused damage to someone else's property and then just merrily bugger off and leave you with the bill! Any suggestions gratefully received!
  2. It has been well over a month now and I have received no further correspondance from Connaught, so I'm guessing my letter did the trick and they have realised they can't panic me into settling a debt that is unenforceable due to the limitations act. Thanks for the advice guys, much appreciated.
  3. This is my final draft usuing your advice and part of the letter templaye M, what do you think? Dear Sir/Madam Ref No: ****** You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to ************* and further more I have not received full details of this alleged debt as you claim in your letter. Also it may be the case that this alleged debt is barred by the statute of limitations act (can you please confirm this). I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. Unless you can provide evidence of payment or written contact from myself in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully,
  4. 42man thank you very much, my apologies if this has already been covered elsewhere but your help is gratefully appreciated.
  5. Just received a letter from a debt colelction agency saying that they have been instructed by their client to recover an overdue account and that i have already been furnished with the full details of their clients claim. I have received no such details and do not recognise the name of the claimant. on further investigation it looks like the company is a mobile phone airtime provider. now, i havent had a contract phone for 5/6 years as mine is now done through the company, the last one i had was directly through vodafone and i can only think that this debt may be due to a previous mobile i had which wouldve been about ten years ago. the letters says i must pay the debt to them within 7 days or they may start legals proceedings. ive checked online and it looks like the time limit for recovery of this debt may have elapsed. does anyone have any experience or advice with this please? should i merely ignore the letter? should i contact the debt collection agency and tell them i have no idea what this is in regards to and ask them to provide further information? is this letter just a last resort and the legal threat merely scare tactics in the hope i will panic and pay??? any help/advice very much appreciated! Paul.
  6. excellent, wasnt sure after this settlement whether i could continue to claim for anything else, thanks for the advuice i shall get straight onto it and any further charges they apply to my account in the future! lloyds are next, wish me luck!
  7. this morning i am a very happy man. over £1650 in illegal charges have been refunded into my account over the weekend. the full ammount i was claiming for. my only gripe is that in the past week they have put through £75 in charges for bounced payments, is there anything i can do about these charges or any others since i started my claim?
  8. thanks silky, as you say they have tried to draw this out for as long as possible. i was happy to wait the 8 weeks as i was away for a bit and that was only i week longer than my time frame had specified, but this final delay is irking me a fair bit. i have sent a message in this morning asking why it is continuing to take so long to get a confirmation letter out to me. if i do not get a reply in the next day or so should i start my claim with the small claims court?
  9. well finally smile responded with some good news, got a message over the weekend saying they have agreed to a refund of charges and i will be receiving a letter shortly detailing the ammount. im presuming that if it is less than i have demanded i should tell them im willing to accept this as partial payment only and will take the matter to court if they do not refund the full ammount?
  10. 27/02/2007 – sent letter requesting details of all charges for the past 6 years. 28/02/2007 – royal mail confirm letter arrived and signed for at 12:34pm. 21/03/2007 – sent secure message asking if SAR had been actioned. 28/03/2007 – no reply to SAR question, asked whom I need to address my question to. 02/04/2007 – received secure message saying letter had not been received. Replied asking whom to address letter to to make sure it got actioned. 02/04/2007 – spoke to customer service advisor regarding SAR, he said he would send out list of charges asap free of charge. 04/04/2007 – received list of charges. 05/04/2007 – sent preliminary claim letter special delivery. 18/04/2007 – sent secure message stating that my 14 day time limit was due to expire and I had heard nothing. 20/04/2007 - received following reply: We have indeed received your letter but it is not yet due to be worked. I realise that you have imposed a 14 day limit but under FSA regulations we have eight weeks in which to respond to complaints. We will not work to the 14 day period but will respond to you within eight weeks time. I realise this may not be the news you were hoping for but we deal with complaints in order of receipt and are not willling to look at your complaint ahead of schedule. is this true that they have 8 weeks to respond? what should i do now? to be honest the last thing i need right now is for them to shut down my account and loan so do i want to try to force this by sending a follw up letter or should i let them adhere to their 8 week limit???? any advice welcome, thanks!
  11. thanks for your help, and the tone of your reply! i HAVE read, i just wanted to make double sure as i had read on other threads that people had tried to claim interest too and wanted to check which type of interest i could claim. is that ok with you mate??? i realised my mistake and started a seperate thread, forgive me for not being an expert on internet forums. thanks once again.
  12. advoc8 thats what i thought, letter and charges sheet prepared already so now im off to post it directly to the bank. FYI for anyone else about to claim the people dealing with claims are: Team 314, smile.co.uk, p.o. box 600, skelmersdale, wn8 6gf.
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