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    • Hi Stormy   I do wish you good luck but I'd urge you not to get over-optimistic about a letter from your GP having any bearing on the outcome of this.  I do not share London1971's view that such a letter will assist you in defending the claim against you - unless you are suggesting that the diagnosis is so bad that you aren't functioning - in which case you probably ought not to be working.  Is your GP going to say that you can't be held liable for a breach of contract, but that you're perfectly OK to continue working and to make significant decisions in other areas of your life?  I don't know.   Also, I'm uncertain where the question of bullying and harassment first surfaced in this thread.  You engaged them on a NWNF basis to pursue a claim for you.  Apparently they contacted (or attempted to contact) you a lot - certainly more than you felt necessary or were comfortable with, and you ended up deciding to discontinue the case.  But were they harassing you?  Again, I simply don't know because I wasn't there - only you were.  Most people complain that they don't have enough contact from their solicitors, not that they are being harassed by being contacted too often.  [EDIT:  I also think most people would associate "harassment" with behaviour that is in some way harmful or damaging to the recipient, and not with a situation where the alleged harasser is trying to act in the other person's interest and to their benefit].    And I'm not sure where the bullying comes from?  They're suing you because they think you are in breach of contract and that you owe them the costs and expenses they've already incurred - and that they cannot now recover from the other party because you decided to discontinue the case.  I'm no particular supporter of law firms but, unlike some people, I don't have "anti-lawyer" as a default setting.  If they've genuinely incurred costs acting on your behalf and in your interests, then I think they've got a more than fair case to recover those costs.  Threatening to sue you or actually suing you isn't necessarily bullying.   I honestly think your best chance of success is questioning the level and extent of costs and expenses they claim to have incurred and try to reach a mutually acceptable settlement.   As I've said before, I'm not intending to be critical of you in any way and I'm really sorry that all this (the original accident, hassle with the lawyers and now them suing you) seems to have contributed to all the stress you have to bear.  I'm really just interested in ensuring that you can see this problem from all points of view and that you don't place too much reliance on an approach that I think has only very limited chances of success.  (But of course - as London1971 has pointed out - there's no harm in getting a GP's letter anyway AND preparing a legal defence like BankFodder is suggesting AND preparing to think about settling.  They aren't all mutually exclusive and you should keep as many irons in the fire as you can.  Use belt and braces and don't just rely on one).   Anyway.  Good luck.  I'm frequently wrong and you may win outright!
    • I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  
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    • Hi  I don't have an issue going all the way - The only question I would have would be whether I could expect to recover the resale value or whether it would be best to concede this is unlikely. I can prove to some extent the expected resale value but not as readily as the prices originally paid. 
    • doubt if one telecom default would hurt anything even with prime lenders..
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Northern Rail - send complaints recorded delivery!!

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Just saw this section and thought I'd mention that after having 3 cancelled trains in 4 days i finally lost patience and got a taxi to work then sent the receipt to Northern Rail demanding they pay it as they did not provide the service I had paid for (season ticket holder). Stupidly, I did not send this recorded delivery or keep copy of receipt. They came back to me and said they had not received taxi receipt!!


So, when you are driven to these extremes by the terrible rail service we have in this country, remember to send complaints recorded delivery and keep a copy of enclosures because they have a whole department trained to con people - its called "Customer Services"


They have to pay if they don't provide the service they are contracted for and whilst most of understand the odd problem, the constant problems are no joke and as someone else has said "if you keep making them pay for a poor service, they will be forced to improve it". They only understand being hit in the pocket.

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Point of order Mr Speaker.

The contract is to get you from point A to point B, how they do it & when they do it is the TOCs choice.

Most have a customer charter of some sort which will provide for refunds and possibly vouchers, however if you send them a taxi receipt demanding remuneration dont be suprised if they say no.

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Whilst I certainly sympathise with the traveller who has paid for a ticket, but does not get the service that is advertised, SRPO is spot on I'm afraid.


If a specific train is cancelled and there is another, later, but say within 30 minutes or so, the rail company has provided its part of the contract, which is only to carry you on the journey for which you have paid..


Now I know that may be inconvenient and frustrating, but if you have travelled by train and arrived late the contract has been fulfilled. Only if you have been delayed for an unacceptable length of time as defined by their charter will you have any claim.


The other point worth remembering is that not all rail staff are out to 'shaft' everyone as these sort of messages always imply.


My office gets a huge volume of mail relating to revenue & prosecution matters every day and invariably there are letters claiming to have 'sent a previous letter'.


Some undoubtedly are spurious claims, but I believe that the majority may well be genuine.


Let's not forget that Royal Mail already admit to losing many thousands of pieces of mail every year and only if you have paid them extra in advance for a record of delivery, will you have any chance of a claim for non-delivery.


Perhaps the blame for non-delivery of mail should be the first complaint here. Why not make the claim for your taxi fares against Royal Mail for failing to deliver your valuable mail??


No-one pretends the TOCs management is perfect, far from it, but they cannot be blamed for everything.


I'm not a fan of his, but I noticed Jarvis Cocker seemed to hit the nail on the head on BBC Question Time last night when he said 'it's fashionable to knock the railways so why not all jump on the bandwagon and knock the railways.'

Edited by Old-CodJA

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Thanks for comments


On the day in question 4 trains had been cancelled. As I mentioned, was driven to this! Reasons for all the delays that week was "short of train drivers". If any other company told a client/customer that they couldn't deliver because "short of staff" they would just go elsewhere. We don't have that option with trains.


I accept Royal Mail problems - but not on this occasion. They obviously received my letter as they replied. Receipt was in same envelope.

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Your original message did not make clear that you had received a reply and if your letter had been sent by recorded post in line with your headline, it appears that would not have made any difference in this case.


As for the cancellations, I agree, that's too many, but regretably, if there was a later train, the TOC is not in breach of contract as suggested by you.


I sympathise with you and the inconvenience caused. I'm not saying the TOC should not consider making you a goodwill offer, but arguing that they did not provide a service is doomed to failure.


You paid a fare - they provided a train.


Later than you wanted to travel yes, but a train was available nonetheless.


Good luck

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I would have been a lot less annoyed if they'd quoted Charters and said I wasn't entitled to anything. The way they handled it was terrible, thus the comment about customer service departments.


I do try to be reasonable, I've seen other comments about guards and conductors andI would say when you're travelling the same route every day you get to know them and most are OK but there is one that seems to like winding everyone up. Maybe that's what happened with the Customer Services person who got my letter!


You're right - recorded delivery wouldn't have made a difference, but taking a photocopy of the receipt might have!


Didn't pursue it - just lost patience with the whole thing. I know, I should have done!

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