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    • Thanks DX, I'm happy that there are no valid reasons for them not to send us documents via royal mail - they were after all perfectly capable of sending these two letters.   The 12+2 days end on 7 December so I will ensure the DD's are cancelled for these and the Hoist one that is also being paid monthly on that very date. 
    • Sorry to hear the news Dave.   As for sums on top of the £100, maybe the judge ruled against the £60 Unicorn Food Tax but allowed £25 claimform fee + £25 legal costs.  Just a guess.
    • Hi guys!   Update:   Been forwarding all the text messages to 7726   These were the text messages:   28 October: We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.   29 October: It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    30 October: The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.    2 November: We are now preparing to send a Letter Before Claim. Call 01422746202 to resolve this matter.    6 November: We have now have issued a Letter Before Claim which you should receive in the next few days. Pay the balance due to Photo Studio Group now.  It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group online now.    8 November: Click the link to address the £1182.89 due to Photo Studio Group to avoid legal action 12 November: A County Court Claim will impact your ability to obtain credit for up to 6 years. Pay online to stop action.  13 November: We are concerned you have not responded to the Letter Before Claim regarding the balance due to Photo Studio Group?   15 November:  Call AJJB Law regarding the letter you have received from us in order to stop Court Action on 01422746202.    21 November: IMMEDIATE ACTION REQUIRED. Pay £1182.89 due to Photo Studio Group online to stop Court action.  23 November:  We haven't received a response to the Letter Before Claim issued by us. It's imperative you act now to avoid Court Proceedings.  We will be conducting a Pre Court Action Review this week. Pay £1182.89 online today or set up a plan to stop.    26 November: IMMEDIATE ACTION REQUIRED. Pay the balance of £1182.89 online today to prevent further legal action.  29 November: We will be conducting a Pre Court Action Review this week. Contact us today on 01422746202.  2 December: You haven't replied to the Letter Before Claim from us. Costs and fees will be added if we issue a County Court Claim.    Emails:   10 Nov:   Dear -----, LETTER BEFORE CLAIM AJJB Reference: .... Our Client: Photo Studio Group Balance: £1182.89 You will now have received a Letter Before Claim issued by us regarding the balance due to our client. It is important that you do not ignore this letter and read the contents carefully. If you have a query relating to your balance then please contact us to discuss urgently. If you wish to make payment to settle the balance you can do so through our website www.payajjb.co.uk or by calling us on 01422746202. Alternatively an income and expenditure statement is enclosed in the letter, if you are unable to repay the balance in full, payment arrangements will be considered based on your circumstances. Payment arrangements can also be submitted via our website. Please respond urgently to avoid Court action. Yours Sincerely, AJJB Law   19 Nov: Dear ----, RESPONSE REQUIRED AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 Our records show that you have not responded to the Letter Before Claim issued by us, or our previous attempts to contact you. We hope to resolve this matter without the need to issue a County Court Claim but we only have a limited time to do this. In order to come to a suitable way forward to address the balance please contact us today using one of the following methods: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Hopefully we can agree a way forward without the need for further action. Yours Sincerely, AJJB Law   27 Nov:   IMPLICATIONS OF A COUNTY COURT JUDGMENT (CCJ) AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 We are now in a position to issue a County Court Claim to recover the balance due to Photo Studio Group as we have not received a satisfactory response to the Letter Before Claim. This could result in a CCJ being registered against you As previously mentioned, we wish to resolve this matter without the need for legal action, however, we are unable to do so if you do not address the balance due. A CCJ will have an adverse impact on your credit file and will be registered for 6 years. It will affect any future lending decisions including applications for loans, mortgages, tenancy agreements and the purchase of goods on credit (for example a mobile phone contract). You can stop further action now by contacting us to discuss your circumstances or by making payment: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Please do not ignore this email. Yours Sincerely, AJJB Law I also received two letters to the address I currently live in:   1.  A letter before claim    2. Implications of a county court judgment   Please let me know if I should proceed in any way.   Thank you all for your time!        
    • for whatever reason they fail the 12+2 working day time limit you may cease payments.   as for their stupid excuse to gander email details you do NOT.   they know full well there are ZERO Gov't guidelines regarding mail , .
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Accident witha dog on the motorway


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Hi all, I recently had the misfortune of a stray dog jumping in front of my car, whilst the car was at 70 miles per hour, with no room or time, whatsoever, to maneuver to avoid it.

 

The dog appeared from the crash barrier guards, literally about 3 meters in front of the car and jumped onto the path of the car. I looked to my left, there was a car, so I couldn't swerve left, to the right was the crash barrier so couldn't swerve right.

 

I instinctively, slammed on the foot brake, but at 70 mph all you get is the ABS preventing wheel lock and you cannot stop within that distance. The inevitable happened, almighty bang, severe vibration as the dog was dragged under for a few seconds until it managed to pass under the car, I eventually came to stop as I was on emergency brake and looked at the rear view mirror and the dog was dead.

 

Where I was stopped I saw cars swerving dangerously to avoid the dead dog and my car so I moved over onto the left lane then onto the hard shoulder where I stopped. I called the police.

 

My car has serious damage, broken left head lamp/indicator unit, damaged bumper, leaking radiator, broken, hence, leaking power steering cooler, damaged aircon condenser(aircon radiator) and bent frame behind the bumper and registration plate damaged.

 

I am without a car now as I managed to drive it home but now all power steering fluid and coolant has leaked and radiator fans won't turn as they are jammed against the radiator. The police managed to trace the dog's owner as the dog was chipped and the police gave me the dog's pet insurance details - direct line pet insurance.

 

The police said I was lucky as it could have been worse and it was good I didn't swerve as that would caused a very bad accident on the motorway. Now, I called direct line pet insurance a few days ago to claim for the damage on my car and they are telling me that I cannot talk to them directly because I am not their customer, should they do that?

 

They are saying that I should either, contact the dog's owner so that the dog's owner contacts them or claim from my insurance so that my insurance claims from them.

 

The dog's owner is liable here as the dog shouldn't have been running astray on the motorway and I don't want to claim from my insurance as it is not my fault and if I do I will have to pay £600 excess. What should I do? Is direct line's pet insurance division trying to be difficult so that they don't pay?

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What a horrid thing to happen.

 

It is my understanding that the "at fault" party will be responsible for your excess as well.

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Thanks citizenB. They will but I will have to initially pay excess if I claimed from my own insurance, and I think I will have to later chase the "at fault" party to pay me back the excess. Dog's owner must be still sad about the unfortunate death of their dog so I feel awkward contacting them directly asking them to pay and I assume they expect their pet insurance to cover them and that is why they gave the details but their pet insurance doesn't want to deal with me.

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I think that you will have to contact the owner. If you try to do things through their insurers, it will take a lot of time anyway because the insurer will want statements from the owner etc.

In fact there is no quick fix here. It is going to take time - and the only way to hurry things is to take legal action in the county court - but which is a bit of a shame if everyone is behaving cooperatively.

 

If by some chance, the owner is uncooperative then you could sue the insurers directly instead. They won't like it - and in fact they won't think that it is possible. In fact, I don't expect that it has happened before - but I think that you can sue them, under the Contracts (Rights of Third Parties) Act 1999

It would be a bit of an experiment and if the claim was bigger than the small claims limit - presently £5000 you might prefer to be patient.

However, if the owner was uncooperative, it would be easier to sue the owner.

There is no reason to lose your excess - but beware of your own insurer which probably won't want to move things along as quickly as you would probably like

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Yes, I imagine they are devastated.. and it is decent of you to be considering their feelings.. I am advised, that you must contact your insurers - it is up to them to deal directly with the owner and their insurers. Point out to your insurers that you are also wanting the excess claimed as well.

 

I am sure others will see your thread and hopefully they will know if there is any other way round this.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks all for the help. Luckily I am good with DIY fixing of cars as I always service, maintain and repair my car myself. I am using my friend's car to go to work at the moment as he is away on holiday and left me with his car to look after i.e start the engine up from time to time. The thing is my friend will be back soon so I am thinking of just going ahead and repairing my car myself and taking evidence photos along the way and keeping all receipts of replacement parts. Fixing it myself will be much less costly than the £600 excess, that I would have to pay upfront, if I claimed from my own insurer. I know the insurance claim from the liable party will be painfully slow, and I could be left without a car to go to work. In the event that they tried to drag their feet, I understand that I have a time limit of 6 years to claim for damages i.e property damage not medical, is that right?

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The fact that you have had an RTA is a material fact that you should advise your insurers of irrespective of if you intend to claim through them or not.

If you want to "do it yourself" then you should get 3 estimates for repair and send them to the dogs owners with a covering letter outlining details of the incident (date times location and what happened) and which of the estimates you intend going for. You can also request in the letter that the correspondence should be passed to their insurers to deal with and if you don't receive a satisfactory response within 14 days, you will be seeking legal advice.

Their insurers should reply with their agreement to proceed but they probably won't pay direct and you will have to pay to get the work done and then submit the invoice to the insurers. That is if they accept the claim without a problem but may well try and wriggle out of it in which case you will have a protracted negotiation on your hands getting the insurers to deal with it.

Alternatively you can get your insurers to deal with it which would be simpler, quicker and easier. Do you have any legal expenses cover with your motor insurance as if you do, they should sort out recovering the excess for you.

If you do now decide to deal with your own insurers, they may not be happy that you have made contact direct with the other party and any delay in reporting the incident to them could prejudice your position.

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I agree with Northernpug. As you have the dog owner's details, I would simply get your insurer's to deal with it. I'm not so surer you could by pass the dog's owner by suing his/her insurers directly. At the end of the day, it is dog owner's responsibility to 'activate' his insurers involvement so in my opinion should any legal action be necessary, it should initially aimed at the dog owner.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I have already notified my insurer but I told them that I am not claiming from them and that I will claim from the "at fault" party myself. I don't have legal cover on my own insurance cover but I could include it for an extra of only £2.50 a month.

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I have already notified my insurer but I told them that I am not claiming from them and that I will claim from the "at fault" party myself. I don't have legal cover on my own insurance cover but I could include it for an extra of only £2.50 a month.

 

But you wouldn't be 'claiming from them', you would be getting them to claim of the dog owner or the dog owner's insurers. I am assuming that you have fully comp insurance so as such, you should let them deal with it. Not sure that you even need legal cover either as it's pretty much an open and shut case as far as liability is concerned.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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If you dont wish to your insurers to claim. then you have no otrher option to write to the dog owner holding them responsable and enclose estimates for the repair ( whether you are going to use them or not and do it yourself ) or even a pro-forma invoice, for the work. and ask them to settle forthwith directly or through any houshold insurance they may have. give them 14 days to respond or you will consider court action to recover your casts.

You can include for all your out of pocket expenses including a hire car.

you must mitigate any costs though and only include reasonable costs.

You are the injured party and they are responsable for the situation you are in and pay for compensation.

May take a bit of time though.

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