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    • The gaming giant is offloading the Venetian in a $6.25bn deal to invest in Singapore and Macao. View the full article
    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
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    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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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
      • 33 replies

Hit by a car whilst walking


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Could I please ask a bit of advice for a friend. She is only young and was hit by a car whilst walking home one night. She was on the pavement and the car insurer has obviously accepted full liability.

 

She went to a Solicitor who has urged her to accept an out of court settlement of £5,500

 

She had head injuries and needed stitches

Had 3 broken ribs

Post Traumatic Stress

Missed her exams

Three weeks loss of salary

 

Out of this she needs to pay her Solicitor 25%

 

Does this seem a fair settlement?

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is this a PI ambulance chaser firm?

seems a bit low to me for three ribs?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is this a PI ambulance chaser firm?

seems a bit low to me for three ribs?

 

It is mate. A solicitors who advertises regular for car accidents. She's not greedy and expecting a fortune. Just her Mum think that having to be rushed to hospital with head injuries (albeit later finding out superficial). Having head scans and scans of ribs etc. Missing exams. Being in pain for weeks and having PTS thinks it a bit low. 8-9k and she'd be happy but solicitor says accept now because if you go to court and the judge awards £1 less you'll end up with nothing.

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You need to find a copy of Kemp & Kemp: Quantum of Damages which is the guide to injury compensation.

 

The figure of £5500 sounds a bit on the low side given the inconvenience of the delay in taking her exams. If she needed (or is still receiving) counselling for the PTSD, I'd consider asking for a higher offer.

 

Is this the first offer on the table ?

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Yes it is the first offer. The solicitor however has said in her letter 'I strongly urge you to accept this offer as if the judge awards less you are likely to receive nothing'...............or words to that effect. I'll look for Kemp & Kemp

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Let others comment first

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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From what I can see it does seem slightly low, but there are too many variables at this stage... You advise she has PTSD. Has this been validated by a psych report? Otherwise it is just an allegation of PTSD which only means a minor uplift. The loss of salary is considered with the "Schedule of Special Damages" - how much was this - if it was about £500 then £5000 is bring valued for the PSLA. If the schedule is minimal - at the £500 mark then a typical short term rib recovery with no firm diagnosis of PTSD you will get nowhere near £9000, but around £6-6500.

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How long ago did the accident occur ?

 

Are there are ongoing medical issues directly related to the accident, where a Doctor has been consulted ?

 

If this happened quite awhile ago and there are no ongoing issues requiring medical assistance, then i would think the person dealing with the personal injury claim is in a much better position to validate whether the offer of £5500 is fair or not. Of course your friend could go back and say she wants £7000, giving reasons for this. If the Insurers refuse to increase their offer, then your friend could go back saying that she reluctantly will accept £5500, as she does not want hassle of further litigation. Up to your friend really.

We could do with some help from you.

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Out of context without a prognosis its a bit hard to say but:

 

Cracked Ribs causing severe pain for a period of weeks - up to £3,300

Properly diagnosed PTSD with a recovery up to 2 years - up to £6,850

If not properly diagnosed, the psychological trauma could get up to £2k

Minor injuries e.g. cuts and bruises, depending on recovery time - up to £1k.

 

So looking at that, £5.5k seems low, but hard to say for certain without a lot more information.

 

As this is a friend of a friend or whatever, you may not have the answers to provide some context, however:

 

Is the matter in the MOJ portal? If so the end game if settlement not agreed is Part 8 proceedings and a 10 minute quantum hearing with minimal papers. If the matter isn't in the Portal, ends with Part 7 proceedings involving a lot more disclosure, potentially greater fees for Csols.

 

What was your friend's solicitors opening offer? It's usual for the Claimant to make the first offer and for the Defendant to

counter-offer. I.e. is the £5.5k a response to an offer made on your friend's behalf? Negotiation-wise, this is important.

 

For example, as a Defendant PI lawyer I'd probably lowball the first offer and then negotiate to about the middle of what's reasonable based on Kemp or JC guidelines.

 

Odd thing to say on such strong terms - 'I strongly urge you to accept this offer as if the judge awards less you are likely to receive nothing' - your friend should ask for a detailed explanation. I suspect it is because the offer made is a part 36 offer and if your friend fails to beat it, she could be liable for some of the Defendant's costs (which in the absence of ATE insurance) would have to be paid out of her damages...

 

In my opinion the solicitors urging your friend to accept a first offer shows one of the following:

 

a. They are being overly cautious

b. They are being lazy

c. They have a high number of cases therefore want a quick settlement to get it off their desk.

d. They've seen something in the medical reports or other documents which causes them concern.

 

At the end of the day though, it's up to your friend. I don't think the Defendant would be expecting their first offer to be accepted.

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Has your friend asked her solicitor's advice on how much she is likely to receive if she went to court and was successful?

 

Remember that the first offer is rarely the 'final offer'. It might be a good idea to make a higher counter-offer, perhaps £10k. The defendant may be willing to meet in the middle, perhaps at £7.5k.

 

The defendant is likely to be willing to accept £5k at a later date, so your friend should not feel pressured to make an immediate decision.

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Excellent & comprehensive reply from SV.

I can't really add much but just for clarification:

 

Kemp or JC guidelines.

 

JC Guidelines : the OP may not know what these are from the abbreviation : The "Guidelines for the Assessment of General Damages in Personal Injury Cases" published by the Judicial College (JCG)

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Excellent & comprehensive reply from SV.

I can't really add much but just for clarification:

 

 

 

JC Guidelines : the OP may not know what these are from the abbreviation : The "Guidelines for the Assessment of General Damages in Personal Injury Cases" published by the Judicial College (JCG)

 

It would be great ( hint hint ) if someone knowledgeable set up a discussion thread with the current basics on PI claims. Such a thread might then be added as a sticky by site admin and it can be linked/referred to in future posts. Might save time in responding to new threads and be useful.

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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Out of context without a prognosis its a bit hard to say but:

 

Cracked Ribs causing severe pain for a period of weeks - up to £3,300

Properly diagnosed PTSD with a recovery up to 2 years - up to £6,850

If not properly diagnosed, the psychological trauma could get up to £2k

Minor injuries e.g. cuts and bruises, depending on recovery time - up to £1k.

 

So looking at that, £5.5k seems low, but hard to say for certain without a lot more information.

 

As this is a friend of a friend or whatever, you may not have the answers to provide some context, however:

 

Is the matter in the MOJ portal? If so the end game if settlement not agreed is Part 8 proceedings and a 10 minute quantum hearing with minimal papers. If the matter isn't in the Portal, ends with Part 7 proceedings involving a lot more disclosure, potentially greater fees for Csols.

 

What was your friend's solicitors opening offer? It's usual for the Claimant to make the first offer and for the Defendant to

counter-offer. I.e. is the £5.5k a response to an offer made on your friend's behalf? Negotiation-wise, this is important.

 

For example, as a Defendant PI lawyer I'd probably lowball the first offer and then negotiate to about the middle of what's reasonable based on Kemp or JC guidelines.

 

Odd thing to say on such strong terms - 'I strongly urge you to accept this offer as if the judge awards less you are likely to receive nothing' - your friend should ask for a detailed explanation. I suspect it is because the offer made is a part 36 offer and if your friend fails to beat it, she could be liable for some of the Defendant's costs (which in the absence of ATE insurance) would have to be paid out of her damages...

 

In my opinion the solicitors urging your friend to accept a first offer shows one of the following:

 

a. They are being overly cautious

b. They are being lazy

c. They have a high number of cases therefore want a quick settlement to get it off their desk.

d. They've seen something in the medical reports or other documents which causes them concern.

 

At the end of the day though, it's up to your friend. I don't think the Defendant would be expecting their first offer to be accepted.

 

I think you're being very optimistic with your valuation of £2000 for PTSD if there is no psychological report.

 

On the limited information available the offer doesn't seem too unreasonable, especially with litigation risk being taken into account.

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Yea most likely - the £2,000 figure is the top end of the bracket of 'Minor Injuries' in the Judicial College guidelines, which can cover general minor psychological issues. I should have said up to £2k but more likely between £500-£1k.

 

I don't think there's enough info to say if the offer is reasonable or not.

 

What might help, even if we do not know the full extent of the injuries and prognoses in the medical report, is knowing what the Claimant's opening offer was. If the opening offer was e.g. £6.5k I'd probably be telling the Claimant to accept £5.5k, but if it was say, £10k, a further counter-offer would probably be the next step.

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Quick settlement might be because of no police criminal prosecution, bolstering the civil claim.

As well as the fact you need expensive reports by 'experts' in order to prove a claim, chipping away at the final figure.

 

The outcome of any future court case is in the ambulance chasing solicitors hands.

Having rejected offer, the solicitor will throw his toys out of the pram and screw up the case,

resulting in the judge dismissing the claim and somehow landing the aggrieved party with costs even though it was CFA.

 

Tell the solicitor your won't accept less than an out of court settlement done like on the telly - 2 sets of 'barristers', solicitors and paralegals shuffling from room to room negotiating the final figure.

 

The young lady needs to read the contract she has with the solicitors and ask what the bill with would be should she want to take the claim away from them.

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Quick settlement might be because of no police criminal prosecution, bolstering the civil claim.

As well as the fact you need expensive reports by 'experts' in order to prove a claim, chipping away at the final figure.

 

The outcome of any future court case is in the ambulance chasing solicitors hands.

Having rejected offer, the solicitor will throw his toys out of the pram and screw up the case,

resulting in the judge dismissing the claim and somehow landing the aggrieved party with costs even though it was CFA.

 

Tell the solicitor your won't accept less than an out of court settlement done like on the telly - 2 sets of 'barristers', solicitors and paralegals shuffling from room to room negotiating the final figure.

 

The young lady needs to read the contract she has with the solicitors and ask what the bill with would be should she want to take the claim away from them.

 

 

What a load of nonsense.

 

Entertaining reading though. :D

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