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alistair.long

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Everything posted by alistair.long

  1. Do a hard disk scan as you might have a faulty hard drive with bad sectors, or could be a virus
  2. How can i cover the deficit between their insurance payout and the debt owed? Can i claim for any personal damages and injury? I am a contractor, and as such i cannot get paid if i do not work. Can i claim my daily rate as part of the damages? While reading it there are some questions, how is your car leased? is it HP or rented? either way if you tell them you will get a new car for free as any rental agreement is insured so you therefore can claim a new car from their insurance. unless its on your name and insurance, in which case you can get a similar hire car as a replacement. Depends on your contract You can claim for the clothes cut. I trust you are getting pain killers as your knees will hurt for a long time and will take a long time to recover. Physio and MRI is what I recomend. Deficit between insurance for the car and the debt owned? Do you mean the car has been writen off and you are not going to get enough to pay the remainder on the lease car? The law says you should be put in the same position as before. To me that means you can buy another car of the same age as your car and type or get the figures and show them to your Solicitor, that will be your payout for the car. The payments that are still outstanding can not be given to you, but you will receive loss of earnings to pay for them. Make the company aware if you have a finance agreement. You can claim for personal injury, I estimate your claim easily over £8k, so dont worry if your claim takes ages. as long as the police report says not your fault you will get paid. But donot go mad on spending because you are suppose to mitigate your losses. As a contractor you need to prove your income, a p60 from last year should be good enough or a Inland Revenue tax docs. assuming you had the same contracts. Did you get the Police conclution to how the accident happened?
  3. Firstly why has it gone to high court? what is so diffrent about your case for it to be at high court? 1.The insurance company should pay them back automatically under some "Social Security (Recovery of Benefits Act) 1997" Make sure that the amount is taken into consideration at the time of settling. Make your Solicitor aware as you may think you are getting more and end up with peanuts. The amount will be made aware via a certificate that is requested via HMRC. 2. Benifits will not know, but they should have paid them. 3. You should notify them, 4. compensation is compensation and does not get taxed, but may affect your benefits, depending on your settlement. something as low as £2k will have no affect. Something over £30k may have a affect. They are normally after the intrest and will do some deductions. 5. Make sure all the paperwork is what you really want and you are not at a loss and take all your receipts with you.
  4. What are the symptoms? a dual mass flywheel can fail and are more likly to fail then a single mass solid flywheel, dont know why Volvo would put a dual mass in a new car when everyone knows their no good. It can be converted if the same engine and box have been merged in the past, and single mass used. Volvo use different company parts so engine code and gearbox code will be usefull to give you a compatible flywheel and clutch part num. Alternativly if the parts section assist, they can check which gearbox has been paired with which engine and they can therefore check to see if a solid flywheel has been used in the past. Its extra work so they might not want to look through all the variations. They might give option of single or dual mass, or you might beable to make a request. (some cars you have to also change the clutch slave cylinder to assist) Same rules applies with warranty and repair for flywheel as with the clutch.
  5. my mistake but he also has the issue of a parking ticket as a result
  6. It is good to know the ground you stand on. If you goto the parts section they will inform you that the manufacturer has x months warranty, then you will be refered to service and repair. If you goto services without this info they may say that you have had the car too long or its not covered. If the clutch at parts section has 30k miles or 6 months warranty, you know that the car should be fitted with this or similar part so should have the same or better warranty.
  7. In the UK we have a 7 day cooling off period and the law says they have to give you back everything, check it out if that is the case for youin philli. You say you made the mistake now so wright a letter and send it so they have to sign it on recipt, as long as they received that letter within 7 days you are going to get the refuned. This is the case in UK so might be diffrent but I would definatly check your rights as a buyer as admin fees should also be refunded.
  8. Hi, the fine which is made up can be made to go out your bank via standing order, less hassle if you know you can get arrested if you miss a payment. The other thing you can do is to phone your local court and arrange a payment plan, they should inform you what times they are open from. You will then need to gis o in and show them you havent got the cash and what you are willing to pay and if need be that you need longer. You will then be taken to the Judge who will slam his hammer and that will be the new order. Doesnt take to long, can be done on your own.
  9. You need to goto the ticket section, most people say ignore them as it costs them money to take you to court.
  10. I stand by the remark because insurance companies are delibratley saying "fraud", this in the long run makes them loose out a furthur £3k but nevertheless insurance companies are doing it more and more often. There is a Irish insurance company who is located in Manchester, because the company is in adminstration it is cheaper to say "fraud" and hope that the Solicitor stops acting on the claimants side. As a claim in the county court when lost will have to be paid, and nobody wants to take on a case that may loose. Other cases I have seen in the local county court. A rear ended driver, hire charges of £13k, repair bill of £2k, insurance said "the claimant drove at speed undertook and then slammed on his brakes" but judge said pay up. A car was driven by the claimant, in court the insurance company said that the driver was infact the passenger who was a lady, who was also insured but the insurance company did not know she wasn't saying she was driving, judge rules that she was in the car and not driving and insurance was ordered to pay. A car crash on the motorway, 2 cars, the claimant and defendants live within 10 miles of each other. insurance say fraud but judge ordered the payout. A driver was claiming whiplash, the insurance company said fraud, court case was reajurned with medical expert, and engineer present, claimant got paid out. Inevitabally like "mightymouse_69" said "They cannot escape these by false accusations of fraud etc. " which I take to mean that if I say fraud at court the judge will may a judgement based on the evendance presented. The sad thing is that I would prefer the insurance companies think about their actions, if they have no evidance to not accuse fraud. The effect of their actions are noticed in the increase of insurance. This year the increase was 30%, the escuse was that 30% more people are making claims, but I say its because they take silly claims to court. An example of a silly claim. A minor car crash, damages of only £450. Why not pay the person £450 instead of instructing a Solicitor if you are going to win or loose, when you can pay the £450 and save £3k.
  11. get a reciept for estimate repairs of repairs, and also engineers reports or something were available, your claim will be against the insurance company who took your car away, and not the garage who did the repair, its the agent who authorised the work and therefore liable to fix it all for you. You are right it may be hard to prove so will need to see what a local welder says and paint shop,
  12. My job involves me always talking to Solicitors, since the recession more and more solicitors are saying that the insurance companies are delaying payments, and in most cases saying fraud, or other tactics to give them more time before having to pay. That is the basis for my reply that the insurance companies are being tight and not wanting to pay out.
  13. Hi how come the nah? you seem to disagree with my post and the other? or dont you?
  14. Hi, to test if the turbo is opperating this can be tested as follows. At Volvo see if their diagnostic can give you a reading of the turbo boost. You then sit in your car and drive and read the boost. e.g 70mph and see what boost you are at. Then sit in the other car and drive to the same speed and same gear and see the boost. this simple test will tell you if you have a turbo problem or not, A new clutch has a min mileage or age warranty normally. You will need to see the manufactures information on this. I would simply goto the parts section in Volvo and as the worker to have a look at the clutch and ask about the warranty on it. If the clutch is still within warranty I would tell Volvo to repair it. Hope this helps, Regards
  15. If I was you I would accept that offer, as they would have had to take into account the £150 recovery charge by the Police, and also £25 storage per day. Insurance companies are being tight so Im surprised they've offered you anything.
  16. Hi As the error was not yours and you didn't defraud them, it is therefore their mistake. It is therefore your choice if you want to pay them back and it cannot affect your employment within the company as that will be a diffrent issue (if you have been at the company for more then 1 year you have legal rights). It is nice to pay them back but remember it is your choice as its their mistake. They can not forcefully deduct your wages as that is "unlawful deductions of wages". By forcefully I mean they put in place a measure to reclaim their mistake, without you agreeing to it. Also if you have already been taxed for the incorrect amount (overpayment), so the taxman is happy. Firstly 7 days for any cooling off period. But I assume its been longer so if they are doing something illegal then its their fault. Putting you in a position were you wont get paid unless you agree is similar to "positional bargaining". it is also applied in cases were I give a quote but then when doing the job I need more, the extra is recoverable in court. If I was you I would ask a friend or collegue if they are with a union, or if you are already with 1 to call them and ask them for their opinion. Hope this helps. Don't act on my advise as its just a guide, see the unions
  17. Where are the rules located and what have I done wrong?
  18. i see 2 things that the company have done wrong. 1 repair the car in a adicute time - they will have to pay if you keep your phone bill to prove you have called them. 2 complete their contract to give you the whole car. As you have not received the service history you have therefore not got the whole deal, you are therefore entitled to a full refund and return the car as the contract of goods is not complete, or have a discount without the service history. Easy claim to win. I am not in Scotland so I hope England law is the same as up there, as I cannot sue a Scot in England & wales court. No Juristiction.
  19. Hi, I am not legally qualified, but if I was in your situation I would need to convince the judge. What you need to do is the following: print out the act that you are getting charged with and get a explenation. Prove that you were not claiming the money unlawfully as you were intitled to it, so be it even if your wife was getting the money.- e.g if the claim was transfered to your name or back into your wifes name, the sum claimed would not have been diffrent and I was therefore not doing it for BETTERMENT , and it is their fault for not making the relivant changes. Get your wife as a witness and obtain wage slips from your employers for your past history, or goto the inland revenue head office and request the data you need, they sometimes dont give it to you so you need to ask someone what you need to retreive the data- this will prove that neither of you or your partner were working at the same time and somoene was a carer. Also you are entitled to have a look at their records which they will use to prosecute you with- if they have got any errors you can inform them of 'em. Contact your phone provider and see if they have a record, they normally keep call records for tax perposes, ask a solicitor to retreive them, it will cost.
  20. Hi, I will show you how to deal with the bailiffs, i will take you step by step. As today is friday you need to send them a email when you get this reply and request "a breakdown of charges". this will buy you some time. Let the informer know also that you are waiting for a breakdown of charges. In the mean time, let me know the following. What was the original charge from the PCN company? Was it issued by a court? How many visits by bailiffs? How much extra do they want?
  21. I am new to this forum, Were you summoned to court within 6 months of the car being bought? is it the magistrates?
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