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    • My personal view is that if you break down the work into various parts and treat each one is a breach of contract then each claim would refer to different set of facts. However, I take the point you're making. In terms of tracking down his assets – I'm afraid the only thing I can suggest which I think I've already suggested above is that you get the addresses of any properties fees associated with and run them through the land registry website and see what that brings. There is a small fee for each search. If you find that all of the properties are in the names of his wife or other relatives, and I think that you had better understand that you are dealing with somebody who knows their way round, and is very calculating about what they do and how they can avoid liabilities. Do you have any kind of bank details for him? You might be able to get an order against his bank account – assuming that it is still live. At the very least, if you wanted to cause a bit of discomfort then if you tried running a few very small claims simply to get judgements which would then remain unsatisfied and which would at least impact is credit file. Not a very nice way to go about things – but but at least it's another way of bringing some pressure to bear. It's too late now but I think that you may be didn't embark on this in the best way. I would certainly wanted to see his insurance documents and also to contact the insurers to begin with to make sure that they would cover these kinds of problems – although as I have said, I don't expect they would have done.
    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Carwash terror...***Claim Successful***


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Help,

My car front and back was damaged by a Shell Garage drive car wash last year. My child was in the car, till this day he refused to drive into a car wash. I found out later that it was a franchisee site. I spoke to the franchisee last year whom assured me that it will be sorted by his insurance company so I did not put a claim through my car insurance. The franchisee has now denial the responsiblity and the insurance company has said no to our claim.

I contacted the main Shell customer services and they also said is to do with the franchisee. They gave me his legal trading name in case i wish to go further! BUt How do I go Further?

I am so disappointed because i am now £400 down, he did not even give back the car wash cost £7.99.

What can I do Now? Can someone advice please.

 

Regards

Has

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Hello and Welcome,

 

I have moved this thread to a more appropriate Forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Does the franchise have a sign clearly stating they renounce any liability for damage hasbot?

 

Regards

 

Andy

We could do with some help from you.

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i am going to look again but there was a plate on the wall to the entrance of the car wash last year but can not recall what its says. I do have photos and his manager came out and filled in an Accident form, which i took a photo of? Is this helpful?

regard

Has

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Gather as much information as possible and if there is cause you can consider issuing a claim through the Small Claims now you have his legal trading name.

 

You should issue a Letter Before Action on them with your intentions and allow them to respond before suing.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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There is no templated version Im afraid as all cases are different....search the interenet for examples and edit to suit.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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thanks. just found one!

will keep you posted!

regards

Has

 

:thumb: dont forget check that signage or you may be on a loser.

We could do with some help from you.

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:thumb: dont forget check that signage or you may be on a loser.

 

I'm not sure how far the garage could avoid their responsibilities with a simple sign. Say for example the car wash was seriously faulty and and they knew about it and did nothing? Consumers would reasonably be expected to assume the car wash is fit for its provided purpose. What if someone got injured? I think the Unfair Contract Terms Act 1977 would apply if there was such an exclusion clause.

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The contract is with the person who runs the car wash but you can name Shell as a co-defendant as it is their land and so responsible for everything that goes on there.

It is not possible to write a disclaimer regarding damage done by the people offering a service in this manner, it is either safe to put your car in or it isnt and either way, it is the responsibility of the franchisee to ensure that the service they provide meets minimum standards.

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Thanks. Please more ideas please! I sent them an email of letter of Action yesterday and I will also hand deliver one tomorrow , I gave them 30 days respond and I leave for further 10days before filling out a small claim count adding my cost as well!

Do you guys think is a good idea! Should I put Shell on it as well!

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A disclaimer sign does not remove the OP's statutory rights. Providing the OP followed the instructions provided by the operator and that the car was suitable to take through the car wash, then the operator is liable.

 

As previously stated, the contract is with the site operator or franchisee and the OP should write a formal letter of complaint clearly stating what the OP requires as settlement giving the franchisee 7 days to respond. If the OP has already done this, then a LBA (letter before action) should be sent. I would advise that when sending the LBA to suggest that a copy is forwarded to the franchisee's insurers. The LBA should be sent by recorded delivery.

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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What damage from a car wash would result in a £400 bill ?

 

it ripped off my wipers from the connector or motor, damaged the back fittings including the plate lights from their connectors too. i have a rover 75.

i wish now i had let the insurance people deal with it, i got worried because they were going to take the car away, i had no courtesy cover and I had to give the £500 excess until they claim it back for me. i don't have that insurance company anymore.

my advice now to anyone will be GIVE IT UP TO THE INSURANCE COMPANY. they have more power and resources.

thanks

Hasbot

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thank you.

I had the franchisee 's insurance email, so i did included them in the emailed and i hand delivered the letter to the store today. I will send another one recorded and ensure it's signed for.

thanks

regards

Hasbot

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hi Everyone,

thank you for all your contributions. To update and seek more advice please. The insurance company wrote back to me

"Please note if it is your intention to pursue a claim from our insured then you must establish that our insured has been negligent or in some way failed in a duty of care."

I have pictures, the manager was there, the franchisee phoned me and apologised. Apart from these, I have nothing else.

Can anyone shed a light?

regards

Hasbot

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We had similar happen to us, but were luckier in that we only had scratches from the brushes on the car and were able to remove them by giving it a good polish. This was in the days before the Internet.

In your case as you have pictures which should demonstrate the lack of "duty of care". You can also offer the manager as a witness.

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  • 1 month later...

Hi everyone,

I like to say a big thanks, to you all for your support. I can confirm that it pays to be determine and focus. The payment cleared in full with interest and court charges today. It was a long time but the outcome is worth it.

regards

Hasbot.

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Thank you for the update. It will be useful to to others! :thumb:

 

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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So you did issue your claim hasbot and they paid out?

 

 

Regards

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Sorry to reply so late. Yes, they paid out with interest from the day if the accident and the claim cost, which altogether was £145.00 more than what we were asking for !

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Excellent..thread title amended to reflect the outcome.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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