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    • Couple of things to point out. Council won't be interested in dog's poo in the caravan as it is private property.  At best the h&s department would take a statement and pictures and if it happened again they would act.   As the devil's advocate I would ask: 1. If you were so distressed to ask £4k compensation as suggested,  why did you stay for the full length of the holiday? Is it because your complaint was addressed and caravan cleaned? 2. Bed bugs? Where are the evidence? Couldn't it be another insect's bite? Most of the world population occasionally wakes up to a sore bite from unknown insects.  This can happen anywhere,  even in your house. Hands up if you have never experienced a mosquito bite in your house. 3. Manager took ownership of the problem immediately and fixed the faults. What else could he do? Move you from a caravan site to a 5 star presidential suite? Did you ask for this in writing there and then or you accepted the fix? 4. They offered £500 compensation. That's more than a quarter of the cost of the holiday. I don't think a judge would find that unreasonable.  5. Unfortunately the law doesn't act on ifs, so if something doesn't happen you won't get much interest. IF your boy had eaten the poo, the claim could have escalated by a large margin, but you, as a responsible parent, prevented this and nothing happened to your boy who went on to have a jolly good time. So unfortunately you can't claim for something that didn't happen.  To better understand this, think about a window cleaner leaving his ladder resting on a wall. IF the wind blows it on my car i could claim damage, but not before it happens.   So, my approach would be more pragmatic, by all means ask for more and see what happens, but £500 it's already a good offer in my opinion.    For future reference, whenever i go to holiday parks, caravan sites etc., first thing I do is to clean the lot. It takes an hour or so, but then i'm sure that i won't get any problems from hidden bacteria or other nasty surprises.  I know it shouldn't be this way, but it is. Us, the consumer,  have pushed for cheaper and cheaper prices and this is the result. We need to adapt unfortunately or we would be in court every day. Then there would be no time for holidays.
    • Hi, Last payments were around 2009. The last time any sort of letter showed up was about 3 years ago to my knowledge but only received by me a year after it was written as hung onto by my sister.    I haven't managed to open a bank account yet but made progress in what they required so will try this week.    Thanks for responding. At the time maybe I should have gone bankrupt in hindsight but before I left it pretty much all stopped after asking for the SAR' s. I had settled what I could prior to that.  Then after a big gap I started to get random debt agencies picking up on a few, irrespective of saying there were outstanding SAR requests they came and went and I did inform them where I was living overseas which is why Amex went for the RMA and then suddenly stopped.    You are of course right about running away. Seriously the whole thing gave me real depression which is something I only thought happened to other people. It has taken me all this time to get back to a place where I think I can take a deep breath and deal with it both for my sake and my mum.    I will keep a log. What happens might prove relevant to others and I can't see anyone else has kept one although a lot of people seem to have similar stories.    Thanks again        
    • Just make sure the Blue badge is visible in the car so the JBW bailiff can see it, otherwise he might clamp to put pressure on you.
    • Let them spout and don't tell them that you have recorded the call until its nearly ended and you have said you are logging date and time of all calls as they are in breach of the Protection from Harassment Act 1997    Prohibition of harassment. (1)A person must not pursue a course of conduct— (a)which amounts to harassment of another, and (b)which he knows or ought to know amounts to harassment of the other. [F1(1A)A person must not pursue a course of conduct — (a)which involves harassment of two or more persons, and (b)which he knows or ought to know involves harassment of those persons, and (c)by which he intends to persuade any person (whether or not one of those mentioned above)— (i)not to do something that he is entitled or required to do, or (ii)to do something that he is not under any obligation to do.]
    • It wasn’t recorded as to be honest, I was caught a little off guard however they are calling on a daily basis so I’ll make a point of recording the next one!   there won’t be any crumbling here. I’ve just been reading through the history of this to jog my memory on some of the events and it’s reminded me just how pathetic they are as a business. I fully intend to waste as much of their time and hopefully money as possible. 
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DOTCOM

Admiral pursuing my son

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Please can anybody advise.

Exactly 12 months ago my son was involved in a car accident.

 

He was driving with his girlfriend when two girls in a car behind him threw something at his car (he didn't realise at the time just heard an almighty bang).

 

He braked and the girls went into the back of him.

Apparently it was a can of coke they threw.

Very little damaged to his car but apparently their car was a write off.

 

The police came and both drivers were drink/drug tested unfortunately my son failed drug test (cannabis) although he had not smoked that day.

 

Rightly he was arrested and subsequently taken to court where he was heavily fined and lost his licence.

 

Can I make it clear this was the best thing to happen I am anti drugs and since that day my son is also anti drugs, he has not touched cannabis since that day.

Fortunately nobody was hurt in the accident.

 

A few weeks after the crash my son received a letter from the police stating that the other party was responsible for the crash and unless she agreed to go on a driving awareness course she would be prosecuted.

 

no action regarding the crash would be taken against my son.

He did speak to the police who explained that even though he had tested positive it did not give her the right to drive dangerously.

 

My sons insurance will not accept liability (rightly so because of drugs) but now exactly 12 months after accident Admiral (other persons insurance) has sent a letter to my son saying because his insurance wont pay they are starting proceedings against him.

 

Please can anybody advise what we should do.

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Starting proceedings for what?


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Hi thanks for quick response. Proceedings to recoup costs of other drivers car and loses

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20/pd_part20

 

Your son should add the girl as a third party in an "additional claim". I would suggest that you write to the insurance company with a copy of the letter from the police and tell them that they should be suing the girl at the very least as a second defendant and that if they fail to do so that you will be making an application to the court to join her as a third-party additional defendant.

 

This procedure was previously known as a part 20 claim


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Hi thanks for quick response. Proceedings to recoup costs of other drivers car and loses

 

They can issue a court claim against your Son. He just needs to get his own Insurers to handle this and if your Son is found liable, then his Insurers will pay the third parties.

 

Suggest he phones the Insurers he had at time of accident and arranges to send them any correspondence received.


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Thanks Bankfodder will definitely take your advice.

It is so worrying does anybody know if anybody has been sued before in cases like this.

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Thanks unclebulgaria67

Is it likely he can be found liable when police have stated accident was other drivers fault

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Thanks unclebulgaria67

Is it likely he can be found liable when police have stated accident was other drivers fault

 

The information from the Police may be considered, but it might be argued by the third party that it is wrong or there is no evidence to support what the Police reported.

 

What evidence was there to support what the Police reported ?


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Well the police were at the scene within seconds and spoke to people who saw the accident, and I suppose the fact that she went into rear of my son helped to make their decision on who was at fault

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I have read through other threads which are similar to our problem and it only seems to be Admiral Insurance who take this stand. I can't seem to find the outcome of any case so don't know if Admiral take these cases all the way or if they have won any

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They can issue a court claim against your Son. He just needs to get his own Insurers to handle this and if your Son is found liable, then his Insurers will pay the third parties.

 

Suggest he phones the Insurers he had at time of accident and arranges to send them any correspondence received.

 

 

As I understand it the son's insurers have denied liability for the claim because their policy excludes liability for any accident that occurs when the driver is under the influence of drugs. We don't know if the son's insurer is justified in denying liability, let's assume they are for the moment.

 

 

However the insurers are still obliged to defend a Third Party claim against OP's son but could then recover from OP's son anything they pay out. This may give the son's insurer little incentive to defend the claim from the third party insurers so the son might want to consider instructing his own solicitors to act for him.

 

So the advice is to issue a claim against the driver of the other vehicle? It sounds like Admiral are writing threatening to start proceedings but haven't actually done so yet. So OP's son should get his claim in first?

 

 

DOTCOM, I have no idea if Admiral will actually proceed with an attempt to recover, but I'd guess they will. Work on the assumption they will anyway. How much are they trying to recover? Only for damage to the car that was behind him?

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