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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Hastings Direct refusing to pay garage storage fees


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I am hoping someone can advise me on this forum, not sure if I am in the correct place.

 

Hastings Direct has refused to pay the storage costs for their clients car being held in our garage whilst they sorted out the claim.

It has been with us for 1290 days at a cost of £10 per day when the assessor eventually came out to assess the damage. The car was written off. As a gesture we agreed to freeze the charges at £1290. The car is still with us today.

 

Because there were complications with the customers claim it wasn't sorted for months and the customer had to involve a solicitor in order to fight his claim. The date of the accident was 11th March 2013 and the client was settled on the 16th October 2013

We periodically contacted Hastings to remind them that their charges were increasing and at no point within the corresponding did they inform us that they were not going to pay the fee.

 

The claim has been sorted and they have refused to pay the fee. After several emails they told us we could keep the car towards the cost but as we aren't breakers we declined their offer as the car is of no value now. They then offered to pay £500 less than half of the fee. We then asked if we could keep the car to scrap at a value of £160 which would at least replace some of the shortfall. They refused to let us keep the car. So we have an offer of £500.

 

Can anyone tell me if we have a case and what would be the best course of action to take.

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Legally, it would either be the owner of the car or whoever entered into the storage arrangement who would be liable.

 

If Hastings did not enter into a storage arrangement for which it was known to them what the fee would be, then you would have to seek relevant compensation from the owner of the car. So if you started a court claim against the car owner, they should then contact Hastings

and you may get a full settlement without need of a hearing. I just could not see the car owner or Hastings wanting to argue the toss in a court.

 

What Hastings are gambling on here is that you won't take this to court, because you could not be bothered. So they offer you £500, which you reluctantly accept or they can evidence to the court in a hearing as offering paying if it got that far.

 

Probably the best course of action for you at this stage, is to send a recorded delivery letter to the owner of the car, headed 'letter before action', in which advise them that it is your intention to issue a court claim against them for the cost of storing their car. Provide them with details of the storage. In the letter you can explain that Hastings have refused to settle the full storage cost, which has led to you to this unfortunate postion and that you suggest that they contact Hastings to see if you can avoid this court action. Give them 21 days to settle the full storage cost to avoid a court claim being issued.

 

If they don't pay, you could simply issue a small court claim using MCOL.

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