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    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
    • Hi lookinforinfo,   No problem, regarding the 'Pay on Foot car park' sign there are two, one on the inside at the front of the carpark approximately 5-10 meters from the entrance and another one on the inside at the back of the car park roughly in the middle.  There isn't one at the main entrance to the car park.  Both are situated inside the car park front and back.
    • I wanted to send a laptop back for a refund and chose to go through Hermes as they offered the best rate for the size of the parcel. I chose not to get it insured as I'd heard about it not being enforceable and a waste of money, especially as it only covered up to £300. After sending it off I was contacted by the laptop company saying that I need to get it back as the address they had listed on their website is no longer where they are based. I got in contact with Hermes straight away (same day) to try to resolve this. Parcel was sent off on the 24th of June, it was out for delivery on the 28th or 29th so I called Hermes and they were able to contact the courier to stop him delivering it, I was assured my parcel would be with me within a week. I checked the tracking on the 2nd and it said the parcel had been delivered to the neighbour of the address on the parcel, I called them as soon as I saw it and they raised it with depo for someone to collect the parcel and send it back to me, I have confirmation that it was retrieved and returned to depo on the 6th. I then checked tracking again and it had been redelivered to the same address on the 8th so I contacted them as soon as I found out, and they had to raise it with the depo once again. I didn't hear anything from them for a few days so I called on the 20th and they told me they had lost it and would send me a claims form and that I would get the value of my parcel as well as postage costs returned to me. My claim has been approved today but they are only offering me £20 for the laptop, plus the £6.80 postage fee. I needed to have this parcel sent off to the retailer by the 16th as that was my last day of being eligible for a refund, and because of Hermes's series of mess ups I wasn't able to meet this deadline and have now lost out on £408.99. Is there anything I can do to get the rest of the money back?
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    • How Chargeback Process Works & How to Win Chargeback WWW.SIGNIFYD.COM The chargeback process is painful for any merchant. Don't worry, we've outlined how chargebacks work with charts & diagrams.   Cant be instant ....there is a process that the bank must adhere to.
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Missing laptop


bootie3367
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Hello, my son put his laptop into a local repairers for data recovery from the HDD. This was back at the beginning of the year. He has now found out that an employee of the firm, left and took the laptop, amongst other items, with him. The firm are now talking about involving police to get a crime number and waiting until that is all cleared up before talking about re-compense. What is the law regarding this. I would imagine the firm would have had insurance against this sort of thing. What does my son do now? He would like a laptop for the one that was stolen, but what of the irreplaceable items from the old HDD such as one off photo's and movies as well as songs he has composed, is he entitled to any compansation above getting another laptop?

 

Cheers

 

Jon

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Hi Bootie,

 

YS has a straightforward claim against the repairers for the loss of the lappy. It was in their care and they had full responsibility for it. It is no concern of YS whether the police are involved or if their enquiries are ongoing or resolved.

 

If he got a receipt for it from the repairer describing the item, send them a copy of the receipt with a letter demanding it's return within 14 days.

 

If no computer comes back, you'll send an LBA (Letter Before Action) which we'll deal with later.

 

Do you have the original purchase receipt for the lappy to identify the model and cost.

 

As regards the photos and composed songs, I assume the lappy had a fault which was why YS wanted the data retrieved. In my opinion, the repairer could reasonably argue the data was not necessarily retrievable and those items were at risk anyway.

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I have to ask, because if I dont, others will, why, if your son put his laptop in for repair at the beginning of the year, has he waited until now to ask about it? not that it should make any difference whatsoever to his claim.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I second slick132 & Lula's comments.

 

Also happy to help if I can.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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Yes that is a good point. I will say on his behalf that the company concerned did seem to be dragging their heels although give them their due they did try to deliver it back to him one time during the summer. Unfortunately for him he was not in. He works as a self employed window cleaner with his own little business and as such works all the hours he can! He tends to let things take their natural course rather than create a fuss, that's just his way, he is only 23 and still a young lad.

The information regarding the missing employee/laptop only came to his attention at the beginning of October. As he was not aware of his rights (what young man of 23 is nowadays?) he did not know what to do.

Both myself and my wife live in Spain, with me returning to the UK every 2 weeks for work offshore. Last time I stayed with him he told me all about it, which is when I told him he must claim as soon as possible. I think he has now found the reciept from the company so that's a start at least.

 

When he sent the laptop in he also included all the paperwork with it, including the original invoice. I will pass on the good advice to him and see how it develops.

 

Many thanks

 

Jon

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If you could get him on here - if he has internet - then it could help even more.

 

Whilst I don't doubt & respect your good intentions as his father, dealing with things from afar and dealing through an intermediary, especially if he has to sue the company can get a bit difficult.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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If you could get him on here - if he has internet - then it could help even more.

 

Whilst I don't doubt & respect your good intentions as his father, dealing with things from afar and dealing through an intermediary, especially if he has to sue the company can get a bit difficult.

Just to point out that his doesn't appear to have a laptop at the moment so may not be able to get onto the internet:grin:

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Just to point out that his doesn't appear to have a laptop at the moment so may not be able to get onto the internet:grin:

Good point :D! Hopefully he has an alternative route, a mate with a desktop that he can use every couple of days for a couple of hours or something.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Aye, he does actually have a desktop in the house, but getting him to use it...... I will try though. He is, sometimes, a typical young man that can't be ar**d going through the correct channels, much like myself in younger days long, long ago.

Besides, I'm not that far away, I get to stay with him once every 14 days, this is the reason I'm on here to glean as much info as possible to pass on to him, then follow it up when I visit, the 14 day letter seems like a good idea, that way I can see if he has had a reply the next time I stay overnight with him. Mind you, how often do independant young men listen to their father's nowadays. I could be barking up a brick wall or all sorts here, but I like to try.

Thank you once again for all your input.

I have emailed him with all that I have recieved so far, now we have to sit back and see what transpires.

 

Jon

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Off-topic, but slightly relevant: I'd rather you don't generalize about young people nowadays. I'm 25 - almost 26 - and consider myself very competent and have taken a lot of advice from my father [ok, not my mother!], even though I don't exactly get along too well with him.

 

Ok, my life experiences have been different to a lot of people in my age group, but not everybody at the age of 23 just sits back and let's things go through however they go.

 

Sorry for the rant, just felt I had to!

 

Back to topic, I recommend the letter to them be drafted - minus confidential information - and posted here so that we can try to touch it up.

 

Also, please can you post - without a website link, as that would be a commercial link which isn't allowed in CAG - the name of the company. He needs to know who he's suing if it gets to that stage, hence to whom the Letter Before Action is addressed to. [They could be sole-traders, limited company or anything else.]

 

Please keep us posted whatever you do & happens.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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  • 4 months later...

Any news?

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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I'm sorry, been a trifle busy trying to keep my job lately, so far been successfull!

Anyway, my son has recently moved and while not giving up, has put that on the back burner, however, I will be seeing him next month and see what the score is. I might even take over the case myself, the young lad just doesn't have the time at the moment, seems he is one of the few who is doing well for himself at this time.

 

I'll let you know the score when I can get a word with him.

 

Cheers for asking though

 

Jon

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I'm sorry, been a trifle busy trying to keep my job lately, so far been successfull!

Anyway, my son has recently moved and while not giving up, has put that on the back burner, however, I will be seeing him next month and see what the score is. I might even take over the case myself, the young lad just doesn't have the time at the moment, seems he is one of the few who is doing well for himself at this time.

 

I'll let you know the score when I can get a word with him.

 

Cheers for asking though

 

Jon

Rule of thumb with any case: The longer you leave it, the less chance of success because people will start denying events and the case will become more and more contentious. Even when you do succeed, it will be after more aggravation than it would be had you issued, say a month after the laptop was lost/stolen.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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