Should I now contact Admiral for claiming off them?

Spoken to them again, they wont give me the engineers report, but claimed she had spoken to engineer and she said there was no deduction due to previous damage.

She then also said I was £300 better off due to excess being applied once, I wasn't aware that no fault claims came with an excess...

Car was worth roughly £8k

Damage was quoted at £1800

I would say that the damage would make the car worth £6k...or a bit less since the new owner would have to go through the hassle of repairs.

Car was valued at second incident at £6k at present condition pre accident. Which was settled less excess and some deductions. Car was definitely inspected, I never saw engineers report. The insurance company did a Cat B write off and has been in possession of the car since the police released it to them.

My Car was damaged in March by a 3rd party while parked.

Car was booked into repair

Insurer cancelled the repairs for more investigations (they wanted it checked by a specialist engineer)

Time moves on, and we end up in July.

My car is involved in another accident, and is written off.

The original repair is then scheduled and I say I don't need it any longer and want the claim settled in cash

Original claim is against Admiral, while mine is underwritten by Markerstudy

Second claim was my fault, and it was valued at roughly what I'd expect for the state it was, and the valuation said it was valued at the present condition prior to the incident. My Insurance company paid that out.

My insurance company now say that since I no longer have the car, i'm not entitled to anything from the first incident. Even though my car was damaged and I had to drive with a banged up car for months, other party admits liability, and I'm roughly £2k out of pocket since value of my car at second claim was lower. Edit: They also now states the engineer didnt take any prior damage into account. Even though I have in writing that he valuation was as at present condition, if it wasn't I would have argued the valuation.

Are they entitled to say this?

She is currently about 8 weeks behind on her payments due to not paying for half of September, October and a bit of November.

Just an update on this, she has paid nearly half the owed amount.I think the remainder is £1200 or so I would have to check my records, however she missed another payment today. Ontop of about 4 missed ones last year. The ones last year I know the reasons for and have been cool about.However I was told today that she is not paying today, shifting the payment till next Friday. I wish to apply for the Tomlin to be enforced. Is there any pitfalls, anything that could get it thrown out? The court edited the tomlin slightly, so i'll get a scanned copy done and posted here as well just in case.

Maybe time to invest in some PV an a Tesla Powerwall....

THE SCHEDULE

MADE ON 12/05/2015 BETWEEN

(a) Mr XX of XX and

(b) Ms XXof XX

UPON THE PARTIES HAVING SETTLED THEIR DISPUTE BY NEGOTIATION ON 12/05/2015

BY CONSENT IT IS ORDERED THAT:

1. XX shall pay XX the sum of £1,700 by way of bank transfer on a bi-weekly basis of £100 instalments starting the 22nd of May 2015.

2. The sum referred to in paragraph 1 is paid and received in full and final settlement of all between XX and XX, including interest and cost.

3. The contents of this agreement shall stay confidential between the parties.

4. If a payment is missed by more than 7 days the defendant will pay £2,391 forthwith less any payments made under this agreement, in addition any statutory interest accrued since 21/05/2015 is payable forthwith.

5. Liberty to Apply.

I feel I'm being very lenient here, as she actually forgot to acknowledge service and I could apply for a default judgement. But she does live 5 minutes away, so things could become akward. I also agreed to this before I knew she had forgotten to acknowledge service so I feel it would be wrong to now backtrack.

Paragraph 4 was meant to be that the claimaint could apply to have the full amount owed £2391 as a judgement if the respondent failed to deliver on their agreed Tomlin Order of £1,700.Is that not possible on a Tomlin?

I think I have to do a Tomlin Order. As she wants to pay it back in installments of £100 on a bi-weekly basis.

I Found a template that I used, and wrote out a Tomlin order:

UPON THE PARTIES HAVING SETTLED THEIR DISPUTE BY MEDIATION ON IT IS AGREED THAT:

1. XXXX shall pay XXXX the sum of XXXX by way of bank transfer on a bi-weekly basis of £100 instalments starting the 15th of May 2015.

2. The sum referred to in paragraph 1 is paid and received in full and final settlement of all between XXXXX and XXXXX, including interest and cost.

3. The contents of this agreement shall stay confidential between the two parties.

4. If the agreement is breeched by the respondent, it’s agreed that the original claim shall come into effect.

6. The Tomlin Order forms part of this settlement agreement. XXXXXX will file this Tomlin Order with xxxxxxx County Court by 22/05/2015.

She is still negotiating slightly on the full amount but we're so close in money terms it's not a problem really.Anything else I should include?

Also does paragraph 4 mean that if she defaults on the tomlin order, the full £2.4k would be payable and not just the agreed Tomlin settlement?

She has offered me an acceptable settlement, and I'd prefer that over going to court.I spoke to the MCOL helpdesk and they say we can set up an informal agreement which if defaulted will lead to a judgement.Could someone walk me through the process as the lady on the phone wasn't all that helpful on the details just referring me to the mcol website.

I have emails with admittance of debtAll cash transactions have been labeled LoanI have repayments from her regarding holiday labeled with the destinationI dont have a signed agreement but I think the above should be enoughI've just filed a claim with MCOL, in the end £105 to possibly get back my £2.2k is a risk i'm willing to take.

You might be able to convince the judge that a transfer to her account should be treated as a loan. The judge would have to decide whether, on a balance of probabilities, he thinks it is more likely that the transfer was a loan or a gift.

 

However, unless you have anything in writing, it will be extremely difficult to convince the judge that the coat or holiday was intended as a loan. These items are not normally repaid by girlfriends/boyfriends.

The cash transfers are all labeled with Loan, and the agreement to pay half for the holiday etc I have emails and communication showing the persons agreement to.

Have you sent a letter to her asking for payment, if so, did you keep a copy ?

I've sent emails, and I have copies. I also sent a letter before action that I have copy of which was 2 weeks ago. That she didnt respond to.

I had a phone call today from the police stating that I'm not allowed to contact her as this could escalate into an harassment offense. Nothing I've sent have been harassing or aggressive. But it leaves me no other option but to pursue this through the court.

I have nearly everything in writing, via email correspondence and texts. She has also labeled each repayment with things like payment for loan etc. I've kept track of the dates a loan was made, and when it was repaid and the dates of transactions etc.

Particulars of Claim The claimant lent ******* £3,246

over a period of 2 years,the respondent haverepaid £960

of the outstanding amount and hasceased all payments as of 07/03/2015.

I have followed the pre action protocols andthe respondent

have refused to pay anyfurther and are threatening criminal chargesof harassment if the claimant

contact therespondent regarding this debt anyfurther.

The claimant has calculated the following

Outstanding debt: £2,286

Court costs of £105

Interest of £151.87 (to 20/04/2015)

The claimant claims interest under section 69of the County Courts Act 1984 at the rate of8% a year from 01/02/2013 to 20/04/2015 on£2,286.00 and also interest at the same rateup to the date of judgment or earlier paymentat a daily rate of £0.53.

Hey,

I lent money to my ex over a period of time which she has been repaying.However once we broke up the repayments became irregular, and now have ceased all together.

She borrowed in the area of £3k and have repaid about £0.8k. The loans was through a mix of transfers to her account, I paid for a coat for her that she wanted, and I also paid for my own birthday present that she was repaying towards and for a holiday we went on together all with the agreement that she will repay me.

She states that if I take her to court she will just say it was all presents and refuse it, says she will pay it back eventually but when she feels like it and can afford it.

What should I do? It's now been over a month with no payments.-L

So they could still argue that the actual holiday allowance is 20 days, plus 5 days enhanced holiday and bank holidays?

It appears then as I quoted Working Time Regulations of 1998 they have literally downloaded that and used it's wording for their defence, not realising the amendment of 2007? As it's their opinion that Statutory holiday is 20 days, not 28 as per the 2007 amendment.Should be interesting to discuss this in tribunal then.

Before even getting into technical arguments about the Working Time Directive, what does the contract say? Does the contract have a provision which says they can require you to take any outstanding leave during your notice period?

No such clause exist in the contract.

Small Claims might have been cheaper, but they can't raise a free counter claim at the Tribunal as it's a statutory Tort. At least that was what I was told.

Hi all,

Last year I handed in my notice after a long period of conflict with my new manager. Taking up a new role with another company.

I was first told that as I had left within the 2 year period post my training having completed that I was now liable to repay all training costs paid for by my employer. The employer in question held no such written contract with me, and I had never entered into an agreement which allowed them to reclaim any funds.

After a frantic search by the employer the following came up:

- They had no contract allowing them to do so.

- They had 2 different study policies, which allows them to do it but they both state they require written agreement.

The company then agreed that no repayments for this was due, but as they found this unfair and came up with another ploy to recoup some funds. They stated that my garden leave would be converted to leave, and I would not be paid my accrued leave at the end of my notice period.

This accrued leave consisted of: 9.5 days of banked holidays from previous years that I had been unable to take due to work requirements, and 7 days of accrued leave in the year. A total of 16.5 days.

The notice given for the holiday was 2 days into the period requested by the company, and the working time regulations state that you have to give twice the length of notice as holiday.

The company is defending on the following basis:

The contractual holiday is 25 days per annum plus bank holidays. Therefor only 20 days per annum is statutory leave, and the amount over that is enhanced holiday by the company.

They then claim that the Working Time regulations don't apply to those days.They therefor admits that 1.5 days was requested without notice, and the remainder is denied on the basis that the Working Time Regulations don't apply to banked holidays nor the extra holidays above statutory holiday.

The contract paragraph states:

You are entitled to 25 days paid holiday per annum.

I have paid to open a tribunal on the basis that working time regulations proscribed a statutory notice of twice the length of holiday.

Their defence implies that the enhanced leave isn't covered, and now have to decide wether I want the case to go forward to a full tribunal at the cost of £230 or to remiss the case based on their defence.

Feel free to ask questions as I might have missed something.

This debt is now well and truly statute barred.

Lowell instructed a 3rd party to carry on collection,

they sent me two letters asking for money

then a third letter saying it's been returned to Lowell.

Not heard from Lowell since.

Thanks for all the advice on this guys.

Well chuffed it's now hopefully over.

I'm not panicking, i'm just wondering if there is anything I could do to delay them a couple of weeks.

Is there anything I can do now to run a bit of delaying tactics, it's now 3 weeks and 4 days till statute barring. I would feel a lot better if this never hit the court, even though I'll defend it as hard as I can in court.