CDS Letter,Car Insurance claim Help..

[ROBINDANSIE]

Hi this is my first post, hope I can get some advise

In 2009 my car was hit by anouther driver. I went through the usual insurance porcedure and took the car to a garage, I have had work done in this garrage before and knew the owner. He did an estmate and I sent this onto the insurance in April 2010 after some chasing from me the insurance company sent me a letter to say they would be instructing the garrge shortly to make the repairs. they also asked if i had any further personal claims and if not the case would be closed in 14 days. I took the car there shortly after receving the letter. The car was fixed and i picked it up. When i picked it up the garrage asked for a copy of the letter and i posted it to them. This was the last time I spoke to the garrage.

Then four weeks ago i get an invoice from the garrage for the repairs and giving me 7 days to pay or further action will take place. I called the garrage and they said that they never receved the letter and had not persued the insurance company so the debt is now mine. I then started emails with them sending the letter to them again and stating that I think this is between them and the insurance company. They are saying as i took the car to them and verbely gave them permistion to repair the car the debt is with me. I only did this on the basis that the insurance was going to pick up the bill.

This is when the comuication stoped and i receved a leter from CDS to pay the outstanding debt. I sent an email last week to CDS with a read recpit. I did not get a reply. I then on Thursday had a very agressive phone call from CDS, I asked them had they receved my email as this would explain the problem from my end, but she was not intrrested, so i asked to be comucated in letter or email format. Her Words were we will take you to court then and put the phone down. I then sent an email to the person that read my read receipt complaining about the way I had been spoken to and I did want to discusss the matter but felt that email or letter would be better. No reply to date.

I have now receved a second letter from CDS adivising me to take this opportunity to resove this amicably and make payment via cheque etc. No note of any comuications I have had or any intention to comuicate outher than a standerd letter.

 

Please some adive on my next step as i dont feel that the Debt is mine

thanks Robin

 

[renegadeimp]

Did you post the letter by recorded delivery? For things like this, you MUST have proof of delivery/receipt.

 

Also, ignore the DCA and deal with the garage direct. DCA's have no legal powers over the debt at all. The most they can do is ask you to pay.

[MARTIN3030]

So from April 2010 and 4 weeks ago you heard nothing ?

How long after the repairs were completed did your policy continue ?

Did you renew with them after?

[MARTIN3030]

Is the garage a franchised dealer ?

[MARTIN3030]

Not exactly unknown company to CAG.

One member alerted us to this;

 

http://www.theregister.co.uk/2009/04/21/fax_nuisance_thumped/

[ROBINDANSIE]

Is the garage a franchised dealer ?

 

Hi Thanks for the posts

 

I did not send the letter recorded delevery. However I did keep a scanned copy.

I had the car for about 3m after then sold it and the insurance expired, No longer with the insursurance company.

The garrage is a small local car repairs not franchised.

 

From April 2010 Nothing then an invoce 4 weeks ago. Rang garrage the next day and starterd comuications via email with the garrage but he just insisted that it was my Debt. I did say if he got intouch with the insurance company, I dont think he ever has, I would support his claim and confirm that the works were compleat. He was not interested just wanted the money from me. Nothing further for 3 weeks then CDS Letter.

 

Can you confirm that CDS cannot persue me for the monies and if so is there a letter i can send them confirming this

 

thanks to all for your posts

robin

[MARTIN3030]

Have you been in touch with the insurance company to see what they have to say ?

[ROBINDANSIE]

Hi, I did contact the loss ajusters but they were not that help full, do you think I should persue the insurance company to pay the garrage even though it was over two years ago. I was trying not to go through all the hassle of chasing insurance compays again.. but it looks like I will have too.

thansk

Robin

[MARTIN3030]

CDS website are showing an old CC licence number which is not valid.

A search of their postcode PR2 2YL also shows nothing.

Can you confirm the postcode from the CDS letter ?

[ROBINDANSIE]

Hi

Unit 4 Tustin Court Port Way Preston PR2 2YQ

Thanks

[MARTIN3030]

I think that you need to write to both.

Inform CDC that as far as you are concerned,and were informed,no such debt exists from you,since you have written correspondence from the Insurance company advising that it was being sorted through them.

You therefore dispute any liability,and are in communication with the insurers.

They should therefore suspend further collection activities,and send you a copy of their complaints procedure.

That all further dealings should remain in writing.

 

Secondly,you need to write to the insurer demanding a response and setting out what has happened quoting the letter they sent to you.

[MARTIN3030]

Hi

Unit 4 Tustin Court Port Way Preston PR2 2YQ

Thanks

 

There is no current CC licence registered for this postcode.

Debt collectors are legally required to hold a CC licence.

Will make some more enquiries.

[42man]

They have a licence 'pending'

 

Licence Number:0647892

Licence Status:Pending

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Clear Debt Solutions Limited5940444

 

Right To Canvass Off Trade Premises:No

 

 

Current Individuals that run the organisation:

 

NamePosition Robert Joseph Thomas Logan

 

Current Address(es):

 

Address TypeAddress Principal Place Of BusinessDockland House, 1st Floor, Anchorage Business Park, Chain Caul Way, Preston, Lancashire, PR2 2YL, England Registered OfficeDockland House, 1st Floor, Anchorage Business Park, Chain Caul Way, Preston, Lancashire, PR2 2YL, England

[renegadeimp]

Sounds like the oft need to know about this outfit.

[42man]

It looks like they held a previous licence which lapsed in 2011.....however I am not sure if they are allowed to 'trade' whilst it is pending.....

[ROBINDANSIE]

Thanks for the advice, i will send a leter to CDS and the insurance company and let you know what happens

Robin