Announcements
-
-
Tweets
-
-
Posts
-
By webbscatering · Posted
Something from the Greek CAA WEBB-RYANAIR-REMINDER-CANCELLATION FR 8583-THESSALONIKI-STANSTED-8-11-2020.pdf -
By BankFodder · Posted
You can either do this through the insurance or you can do it yourself directly. If you do it through the insurance then it will take a long time, they will try to cut down your quote and if they consider that the quote is more expensive than the write off value of the car, they will try to shortchange you by saying that they want to write off the car and then attempt to get away by paying you a smaller amount of money than it would cost to replace. On the other hand, you could simply go directly against your neighbour for the full amount of a proper repair – and it wouldn't matter about how expensive the repair was – as long as it was all done fairly and transparently, with two or maybe even three quotations. As long as you gave your neighbour notice of the quotes that you are obtaining and gave your neighbour an opportunity to carry out their own inspection so that they can challenge the quote if they wanted. You say that the mechanic said that it would cost £800. Is this the mechanic of the authorised BMW garage? There is no reason for you to get any job which is less than top-quality – assuming that the car was in good condition – which by the photographs, it appears to be. The purpose of a claim against your neighbour would be to return you to the position that you would have been in had the accident not happened. This means that you had a car in a certain condition – and you are entitled to have it returned to exactly the same condition. Nothing less. If the area which was damaged was originally perfect then you should have it restored to the same quality. After that is between your neighbour and their insurance. Of course they won't like you doing it that way and you will probably hear from your neighbours insurance telling you that you must deal with them and not with your neighbour. You should ignore this. Deal with your neighbour. You have no dealings with their insurer and you should understand now that people only start dealing directly with insurance companies because it is industry practice. It is not the most effective way to go. Furthermore, the insurer will not only try to shortchange you, they will also try to negotiate a price with the garage so that they get discounts all round. Because you have got your neighbour bang to rights on this because the video – and also because your neighbour tried to tell porkies about it, you are in a perfect position to control the matter and to make sure your car is perfectly restored. We will help you do that. So decide whether you want to go through the insurance company or whoever the want to do it yourself with our help. If you do it to us, it will mean that once you have obtained the quotes for the work, you will write your neighbour with copies of the quotes and tell them that you want the money. You don't hear from them within about seven days – or if they don't agree within seven days then you will send the letter of claim giving them 14 days and then you will see them in the County Court. It's very straightforward. If you haven't done it before then read up on this forum about the steps involved taking a small claim in the County Court. We will warn your neighbour that because the bill is going to be more than £600 – that when it comes to enforcement you will send the High Court enforcement officers round to their home and this will be very serious as well as incurring up to another £2000 enforcement fee. If you want to do it this way then it will be quick and very assertive and we won't muck around. Get the quotations that I have suggested. Does your neighbour know about the video? -
-
i have received the directions questionnaire (small claims track) today. I have until the 4th of May to return this -
sadly very few people bother to comeback and tell us!!! i'd add. i shall be filing my N244 on day 15 from the date of this letter..(adapt the dates below) 1 The Claimant's claim was issued on dd/mm/yyyy. 2.The date last payment made was the dd/mm/yyyy 3.The Default Notice was issued dd/mm/2017 and served three years after the initial breach thus the cause of action delayed by 3 years and the Limitations period prolonged to 6 years + 3 years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant. 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied
-
-
Recommended Topics
-
-
Our picks
-
Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
-
-
Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
-
-
Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
-
***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
-
-
Recommended Topics
-
-
Recommended Topics
-
Is it possible and better for disabled UK residents who are unable to work to move to another country?
By
dasis16,
in Benefits and HMRC
style="text-align: center;">
Thread Locked
because no one has posted on it for the last 2166 days.
If you need to add something to this thread then
Please click the "Report " link
at the bottom of one of the posts.
If you want to post a new story then
Please
Start your own new thread
That way you will attract more attention to your story and get more visitors and more help
Thanks
-
Recently Browsing 0 Caggers
No registered users viewing this page.
-
Have we helped you ...?
Recommended Posts