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    • You can either do this through the insurance or you can do it yourself directly. If you do it through the insurance then it will take a long time, they will try to cut down your quote and if they consider that the quote is more expensive than the write off value of the car, they will try to shortchange you by saying that they want to write off the car and then attempt to get away by paying you a smaller amount of money than it would cost to replace. On the other hand, you could simply go directly against your neighbour for the full amount of a proper repair – and it wouldn't matter about how expensive the repair was – as long as it was all done fairly and transparently, with two or maybe even three quotations. As long as you gave your neighbour notice of the quotes that you are obtaining and gave your neighbour an opportunity to carry out their own inspection so that they can challenge the quote if they wanted. You say that the mechanic said that it would cost £800. Is this the mechanic of the authorised BMW garage? There is no reason for you to get any job which is less than top-quality – assuming that the car was in good condition – which by the photographs, it appears to be. The purpose of a claim against your neighbour would be to return you to the position that you would have been in had the accident not happened. This means that you had a car in a certain condition – and you are entitled to have it returned to exactly the same condition. Nothing less. If the area which was damaged was originally perfect then you should have it restored to the same quality. After that is between your neighbour and their insurance. Of course they won't like you doing it that way and you will probably hear from your neighbours insurance telling you that you must deal with them and not with your neighbour. You should ignore this. Deal with your neighbour. You have no dealings with their insurer and you should understand now that people only start dealing directly with insurance companies because it is industry practice. It is not the most effective way to go. Furthermore, the insurer will not only try to shortchange you, they will also try to negotiate a price with the garage so that they get discounts all round. Because you have got your neighbour bang to rights on this because the video – and also because your neighbour tried to tell porkies about it, you are in a perfect position to control the matter and to make sure your car is perfectly restored. We will help you do that. So decide whether you want to go through the insurance company or whoever the want to do it yourself with our help. If you do it to us, it will mean that once you have obtained the quotes for the work, you will write your neighbour with copies of the quotes and tell them that you want the money. You don't hear from them within about seven days – or if they don't agree within seven days then you will send the letter of claim giving them 14 days and then you will see them in the County Court. It's very straightforward. If you haven't done it before then read up on this forum about the steps involved taking a small claim in the County Court. We will warn your neighbour that because the bill is going to be more than £600 – that when it comes to enforcement you will send the High Court enforcement officers round to their home and this will be very serious as well as incurring up to another £2000 enforcement fee. If you want to do it this way then it will be quick and very assertive and we won't muck around. Get the quotations that I have suggested. Does your neighbour know about the video?
    • i have received the directions questionnaire (small claims track) today.  I have until the 4th of May to return this
    • sadly very few people bother to comeback and tell us!!!   i'd add.   i shall be filing my N244 on day 15 from the date of this letter..(adapt the dates below)   1 The Claimant's claim was issued on dd/mm/yyyy.    2.The date last payment made was the dd/mm/yyyy     3.The Default Notice was issued dd/mm/2017 and served three years after the initial breach thus the cause of action delayed by 3 years and the Limitations period prolonged to 6 years + 3 years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.    5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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Complaint about Estate Agent ignored - Where do I go from here?

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Hi All,


We have a pending court case with our LL for the deposit of our old property that we let off him. He and the Agent acting badly during the end of our tenancy and I have proof that the Agent has lied and harassed us to get us to relent the deposit. I am preparing our defense for the court case and sent a letter to the Agent that read this on the 24th of May by recorded delivery:


We wish to make a complaint about the conduct of ******.



1. We have found that you are acting on behalf of our previous landlord in recent court procedures in that you have provided services akin to that of a legal representative as detailed in our letter dated 24th of May 2012.

2. On our leaving of the property we received no written guidance from you about the end of tenancy. This led to a confusing time in which we repeatedly requested an exit survey considering our Landlord’s concerns. This was ignored and your employee ****** made it clear than considering ****** did not manage the property you could not be involved.

3. The supply of a previous signed document being sent to us as an original which you later explained to be an office error. We feel that this practice, along with your recent involvement, leads us to believe that you were never impartial during this process.

4. You rang us repeatedly in the evenings during January during a period our baby was only 1 month old and my husband was on paternity leave. We requested that communication needed to be in written form yet you repeatedly ignored this and continued to telephone us. We found this extremely stressful. You stated in your last communication that you have been trying to call us again during April 2012 despite our repeated requests for all correspondence to be in writing. We have not received these calls. We find these allegations of ignored communication to be untruthful.

5. We requested breakdowns and verification of invoices which you have not supplied and you have informed us that we do not have a right to request this.

6. After one month of trying to resolve this matter we escalated this to the T.D.S which is fair and reasonable thing to do as we had been ignored by the LL evident in the e-mail communication. You informed us that we had annoyed and angered our previous landlord in doing this and that you recommended he choose court action over the T.D.S. This was after allowing the T.D.S five weeks of involvement. This has subsequently delayed and increased costs to all parties involved.

7. You have supplied and worked as an adviser to our previous LL in that you have served the court papers, personally visited the courts and served his Particulars on his behalf. We feel that your involvement in this matter is a conflict of interest.

8. You stated in your last e-mail that you had already supplied the Particulars on his behalf and along with this had contacted us to make sure we had received this. We ask for proof of this as the method of service of this document must either be by recorded delivery or hand delivered according to CPR Part 7.5. We consider this to be an attempt to ‘blacken’ our character in front of the courts and that you are acting without integrity.

9. We feel that your involvement and actions have compromised your duty of care toward us as previous tenants. By acting on behalf of the LL we have consistently felt pressurized into giving up our deposit without clarified reason on 219 Seymour Avenue.

10. We never had a response to our last communication dated 18th of January 2012.



Could you please process this complaint via your internal complaints procedure along with confirming which membership you hold either with the Members of The Property Ombudsman (TPO) scheme or the Members of the Surveyors Ombudsman Service (SOS).



Yours Sincerely

This, although signed for, has been totally ignored which to be honest is in keeping with the poor practice of this small Agent. I know through my own research that they are part of the S.O.S and wondered where I could take this complaint from here. Do I have an option to take them to court for malpractice or negligence?

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I think you are under a misconception.


A letting agent is an agent of the landlord, and does the landlord's bidding.


A letting agent is not beholden to the tenant other than to do what the landlord has agreed be done.


A letting agent is not impartial even if at times agents will attempt to be impartial (eg. by getting independent companies to conduct checkin and checkout inventories).


So you should, in this case, see the letting agent and landlord as one and the same. If you have a complaint about the behaviour of the letting agent in terms of its failure to meet standards set by any ombudsma it is associated with, then these are separate issues that do not affect your grievance with your LL.


Hopefully, understanding the separation of these two issues will help you clarify your complaints.

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We agree with your statements and were aware of the above points you have made. We were trying to make the point that the letting agent involved tried to persuade us that they were indeed completely impartial and were endeavoring to find a fair resolution to our dispute. At every juncture of our communication with said agent we made our feelings known that we thought them to be representing the interests of the landlord given their vested interests.


The reasons we are angry with said agents is their attempts to mislead us, their lying to the courts which can be proven via written evidence and their forging of a document with our signature again provable in court.

Edited by MARTIN3030
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Please observe site rules on the posting of links and external re directs.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.



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I apologize I copied from my e-mail communication his complete name and did not mean it to be a link. I gained his information on the thread that was talking about the S.O.S and where people got with complaining. As I understand it not many have been unsuccessful using this complaint process and now knowing what they do regret not taking it to a small claims court as once you complain via a Ombudsman body and have their decision then it's very hard to get anywhere in court. I feel that we have a valid case as their actions have been dishonest and illegal.

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