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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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laws of physice versus laws in court


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Slightly unusual question here-

my daughter had a minor bump that caused no damage as she rolled into the car in front of her in a queue of traffic. Exchanged details with other driver and expected him to bill her for possible scratches that couldnt be seen. However, 4 months later gets a CC summons for £770 for replacement bumper and other parts that were unmarked. Now, knowing about enginering and physics I worked out the speed needed to cause the damage claimed needed to be at least 5 times greater than the speed she was going and given the strength of the materials cars are made of it is beyond the realms of physics to actually cause the damage claimed in isolation . If the impact had caused the damage claimed both cars would be crunched and the drivers in hospital with broken bones.

She is obviously insured but what are the chances the insurers will bother to contest this claim? Does anyone know if once admitting liability for the accident it automatically follows that all of a relativley minor claim is paid out without referring it back to either the driver at fault or their insurer.

She has passed on the necessary details and a letter saying advantage is being taken in this case to her insurers but will it make any differenec that the claimant is asking for something that is not connected to reality.

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Why has the other driver not gone through his insurance company and issued a claim straight away?

Something doesn't seem right to me.

Any opinion I give is from personal experience .

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The bumpers on modern cars are designed to crumple to absorb the impact.

 

Going direct to the other Insurer is not at all unusual especially on a small value claim

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I must admit, I am surprised the other driver hasnt had this dealt with by his insurer ? Perhaps that could be a question worth asking.

 

Have you spoken to your Daughter's insurance - are they refusing to pay the claim ?

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I must admit, I am surprised the other driver hasnt had this dealt with by his insurer ? Perhaps that could be a question worth asking.

 

Have you spoken to your Daughter's insurance - are they refusing to pay the claim ?

 

Why would they bother going through their own insurance and parting with their excess when they can go direct and not pay any excess?

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the other party's insurer have (obviously) advised him to sue as my daughter's insurer are (obviously) delaying things for whatever reason. The impact was too low for any damage to be caused at all. loss adjusters didnt inspect the non-existent damage nor witness reports asked for. I see it as a money making exercise by the repairing garage with a lack of expertise from the insurers claims handlers in matters of science.

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My real point is do insurers bother to argue about such spurious claims when the damage is still small beer compared to the cost of the investigation. If she refutes the damage will they still cough up? If it was me I would answer it all in court and then if I lost pass it back to the insurers. The law as applied by judges is a peculiar world and the laws of physics dont seem to have a place in the courtroom from previous experience over a property damage case I was involved in hence a disinclination to believe that it will end up being a sensible outcome.

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Like my wife tapped a car in front of her as she was pulling out from parked cars (pothole in road) on hill, she tapped the car in front and damaged the rear Ford Mondeo bumper it seems, and damaged our front N/S headlamp unit and slight Bonnet centre front damage, well the other parties Father came around = what are you going to do about this damage to bumper etc, he will need hire car your wife will have to pay for, oh! yes I said so walked off down the road to the car in question ( funny he did not park outside my house where plenty of room), well well well what a lot of damage to the bumper from right to left,Oh! yes I say and who has finished the job off on that bumper, at just 3-4 miles Per hour no way was that damaged contributed to our car as it can only be a right hand side corner damage to our car and near centre of this one.

Well cut a long story short I stated I had located a new bumper for Mondeo and it cost £ 64.00 delivered + fixing fee, oh and what about time lost, car hire etc, tell you what I said in view of the aggression I will put it thru Insurance claim. No need for that he said, sorry I said I have the details, end of matter, when the Engineer came around he stated he was off to see the other car, I pointed out what I had observed with the bumper on the other car, he said People think we do not notice that it has been tampered with, we will not write off your car we will fit your lamp you bought and give you a new Bonnet, thought they would of written it off as very little value, but nice job done. the other car write off not much paid for it as very old it seems,so I bet his Father wished he kept his mouth shut as they would of been better off with new bumper etc.

Edited by Old Cogger
:mad2::-x:jaw::sad:
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My real point is do insurers bother to argue about such spurious claims when the damage is still small beer compared to the cost of the investigation. If she refutes the damage will they still cough up? If it was me I would answer it all in court and then if I lost pass it back to the insurers. The law as applied by judges is a peculiar world and the laws of physics dont seem to have a place in the courtroom from previous experience over a property damage case I was involved in hence a disinclination to believe that it will end up being a sensible outcome.

 

The Insurers can deal with the claim how they see fit, which is usually whichever is cheaper for them.

 

If you go to court and lose it will add to the claim, are you expecting the Insurer to pay the extra costs or would you pay the court fees etc?

 

The claim was probably handled through an accident management company rather than the other parties Insurers

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That is the question- why is she being taken to court when the insurers know about it all, except that the damage was non-existent because they didnt bother to look. It is my disbelief as to how things have got to this stage that makes me question the procedures followed so far.

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That is the question- why is she being taken to court when the insurers know about it all, except that the damage was non-existent because they didnt bother to look. It is my disbelief as to how things have got to this stage that makes me question the procedures followed so far.

 

That is exactly the point. Court is never the first move, so there must have been some correspondence before court papers arrived.

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If you've reported this to your insurers, they should deal with the summons.

Advise the court that you are forwarding this to your insurance company ( use the contesting section to advise them ).

You don't need to take any further action - but do ensure the court is aware.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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I'm afraid that an engineers report and the balance of probabilities overrule your understanding of the laws of physics in Court.

 

yes, I'm sorry I wasted 32 years of my life getting educated and working in science. In some cases judges ask for some evidence of balance of probabilities but often they just accept the phrase. It really has as much meaning as tossing a coin. My daughter has forwarded the summons to her insurer's solicitors. They failed to tell her thet they werent settling the claim and havent told her why. Perhaps they have a tame materials scientist or physicist so I dont have to say my bit.

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I can assure you that in civil claims the balance of probabilities in more than just a phrase.

 

Unlikely, the reason your daughter got the summons was more likely due to the incompetence and/or inefficiency of her insurers.

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