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    • god wherever did you get that wild idea from? debt in the UK is not a crime, debt is a civil matter, and most certainly no-one can ever 'raid' anything within/outwith this country. dx  
    • next time dont waste money on them in law you only have to prove you sent a letter. use a 2nd class stamp and get free proof of posting from any PO counter dx  
    • His final  sentence in the email to notify me of any issues states the following: this was 2 days after final payment was made in full 20th May "I have had to call in another builder to start work on the room next week as it’s made me very depressed."
    • OK So I have now got the claim form, I had it emailed to me and also got another passcode to go onto the portal I have confirmation that the extension of time the following in email from mcol :  "also discussed, your response deadline date has been extended to 4pm on the 23rd of July 2024."     The claim itself is quite simplistic and a distortion of the truth He is trying to say that I agreed for him to carry out additional works and that I was anxious, which couldnt be further from the truth.My anxiety was in raltion to my prostate cancer resuts My emails do have an element of acceptance that there are snags to be carried out,not for wholesale change of the project He was at home every day and we had conversations daily about the room and the procedures involved He had another builder lined up the same day as completing the project He did not give me opportunity to discuss or rectify any snagging    why pay me in full if he was unhappy??   Onlymeagain claim form.pdf
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Esure and going to court to reclaim my excess


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Hi my insurers are Esure and back on the 16th November 2009 a lorry switched lanes and clipped the passenger side of my car and drove off damaging my car with £1100 damage. I finally have a court date set for 26th October 2010. I have had my car repaired at £450 excess and now the court require a further £75. I want to know if I should continue down the small claims court route or should I just give up at this stage and call it a day.

 

I have captured a poor quality image of the lorry driving away and managed to record its registration number. I feel compelled to go to court as I was 100% in the right. I am worried that the judge will go down the 50/50 route and i will get nothing. any help with this would be much appreciated. Many thanks

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You have the court date, so I think you should just go for it. The other side may not turn up anyway and you could win by default.

 

If they do turn up, you might need a bit more evidence than a poor quality picture of the lorry. Did you have any other witness to what happened? If not, I suspect the lorry driver will say that they know nothing about the accident.

 

What you have to realise is that the lorry drivers future career could be at stake. This could be an accident that ' breaks the camels back' for which the employers might not be happy. So they might well vigorously defend your claim.

We could do with some help from you.

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What is the 'further £75' for? Also, who is taking the court action, you or Esure?

 

What confuses me is the cost to you is your excess (your Uninsured losses), BUT also as a claim against your insurance, there is also a value on your loss of NCD which should also be quantified and pursued. If Esure decided not to pursue the matter, but you did - you would be pursuing their full costs too (of the repair) as you could reimburse them and have a clean sheet.

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You should sue for the full amount of the repairs. If you win then you repay esure their outlay and there is no NCD issue.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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