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    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
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    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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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.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Advice on personal injury claim through insurance


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Hello

 

I had a car accident almost 3 months ago where another car hit me at the rear at a high speed, as a result I have suffered bad whiplash amoungst other associated injuries.

 

I have not appointed a solicitor as the insurance company said I didn't need one and their claims team will handle things. I was referred to an independent medical expert 2 months after the accident and the outcome was a report that said I had sufferred whiplash that has caused severe pain at times and it is likely to take a further 4 months to heal (6 month injury in total). I am not 100% confident that it will be better within the time stated as it still causes moderate pain daily but I am hoping they are right.

 

The insurance company have offered me £2000 compensation but I want to take my time and see if it heals before settling. The insurance company said they will only make this one offer and as I have not appointed a solicitor they are offering me the maximum amount up front that is achievable and there is no negotiation.

 

I think the offer is a bit low and I am a bit confused as everywhere I read it says you negotiate on the compensation figure, where as the insurance company said 'take it or leave it'.

 

Is this correct? Should I get a solicitor or will I only get the same amount anyway?

 

Thanks in advance.....

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Hello and welcome to CAG.

 

I expect the insurance guys will be along later today or tomorrow.

 

I'm not one of the experts, but I share your concern about being told 'this is how it is'. I'm sure I've read on here that the guys have told people to think twice about settling because they don't know when they'll be better.

 

Hopefully they'll be along soon to tell you what they think, please bear with us.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi,

 

The offer will be on the table for a long time - dont worry about that! You have 3 choices: you can wait until 6 months, if you still feel pain then ask for supplementary medical report, you can take the money now, or you can get a solicitor. Personally I would ake option 1 BUT... if you are wanting a settlement now £2000 for a 6 month whiplash is quite generous (if it is for pain and suffering only) - ie no loss of wages... You could always squeeze an extra £500 if you wanted...

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Not an expert in PI claims.

 

It really depends on how bad the injury is and how it will affect you in coming years. Only medical assessments will help you with this.

 

I have had whiplash from a Rugby accident and while the pain went after a month or so, I had a dodgy neck for several years after. Dodgy in that I did not have amount of movement, would more often wake with a stiff neck and it was just uncomfortable for at least 2 years after.

 

So the other thing you could look at, other than compensation, is for the third party Insurers to pay for physiotherapy or other treatments that may be recommended. I strongly recommend that you look into this, as if you need any such treatments, I think you would rather the third party Insurers pay for these, rather than yourself. You would struggle for the NHS to offer such treatments.

 

If you can get £2k plus cost of ongoing rehabilitation treatment to help the neck recover, then I would think that would be about right. The third party Insurers would need some medical assessment about the need for this ongoing treatment, but I think it is worth getting.

We could do with some help from you.

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Thanks for your help. I have had some physio for it, but the insurance company have said I can have 8 more and thats it. My main concern is that I am kind of being told that I have an offer of £2k and 8 therapy sessions and thats it and I don't have a choice, I always thought this was kind of a negotiation process but they said take it or leave it so to speak. Does anyone know if I have any options? I know I could instruct a solictor but the insurance company said that will make no difference as they have offered me everything they can and instructing a solicitor will just waste time.

 

Is it true or would I be able to negotiate on the amount and further therapy?

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Thanks for your help. I have had some physio for it, but the insurance company have said I can have 8 more and thats it. My main concern is that I am kind of being told that I have an offer of £2k and 8 therapy sessions and thats it and I don't have a choice, I always thought this was kind of a negotiation process but they said take it or leave it so to speak. Does anyone know if I have any options? I know I could instruct a solictor but the insurance company said that will make no difference as they have offered me everything they can and instructing a solicitor will just waste time.

 

Is it true or would I be able to negotiate on the amount and further therapy?

 

I think the Insurers have a point. Are you willing to spend 6 months going down the legal route and coming out with the same result ? I can see a judge looking at it and deciding not to awards the costs to you, so you would have a legal bill, if you did not use a no win no fee company.

 

Up to you. There is no harm speaking to PI solicitors about a no win no fee claim for this and seeing what they say.

We could do with some help from you.

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Well considering the JSB Guidelines put compensation for a 12 month neck injury at £2,850.00, £2,000.00 for a 6 month injury would seem more than reasonable.

 

You can't have physio treatment indefinitely, it has to be supported by the medical expert.

 

If you don't think you will recover then wait until the end of the prognosis. Either way there is a risk.

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