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Hi all

 

Haven’t been on for a while, but nice some familiar names are still active on here!

I have gotten into a situation and would really appreciate some advice and help.

I have the same feeling I did when I helped my Dad some years back with debt issues, where currently everything feels quite daunting but know the CAG members hold a wealth of information and have always been great :)

 

As I want to anonymise this, please bear with me for being vague anywhere.

 

Completely out of character,

I ended up in an altercation,

things were said,

the other party initiated pushing and shoving (in hindsight I should have left) and I was assaulted,

stumbled onto a vehicle causing damage

 

Police were called,

investigated and closed the incident with no further action.

 

I thought that was it,

until this other person writes to me asking for £ to pay for ‘the damage I caused’ to their property.

 

Started with a simple letter which I ignored,

then received an LB A/C giving me a month to reply.

Both delivered by hand if it makes any difference.

Knowing the pettiness and nature of this person I would expect them to push it to court.

 

I did PM an admin I know who said try here first,

as wasn’t sure where to post this.

 

Many thanks in advance for reading and any advice.

 

E!

Edited by dx100uk
format

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It would help if you tell your story in a way that everybody could understand it properly.

 

What damages is it alleged that you caused? What was the value? What was the letter that you were sent? What has been threatened?

 

You should probably post the letter up in PDF format as well.


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Ok sure, probably being a bit too cautious then!

 

Well, the letters are as vauge as 'damages to my property' and 'damages to my vehicle'

 

The value is £600.00 which is apparently the persons insurance excess to have repairs carried out by their insurance.

 

The second letter is a letter before court action giving me 30 days to Acknowledge receipt of the letter, and if I don’t agree with paying for the damages, to give details as to why not.

 

The option of a dispute resolution service is being offered to avoid going to court and that if it went to court they would be claiming for a much higher amount.

 

Hope this helps?

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who is alledging this, the person you were in the altercation with or an innocent third party?

If the former then the police report of the incident may be your friend and if an innocent third party then you will need to tell them that you will defend the claim and drag the other person in your scrap into the proceedings.

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Thank you Ericsbrother!

 

Yes, the person I had the altercation with. Even if its a 'may' be my friend, you have no idea how nice it is to hear something positive!

 

I suffer with moderate to severe anxiety, so this is playing havoc with me at the moment.

 

Yes I did think if to get the report, the police took photos of the swelling on my face as well.

 

Many thanks again!

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Hi again

 

I have found the letter I received is from this template so a standard CAB version, to the exact word.

 

What do you all think my next step should be?

 

Many thanks

 

E

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Now it all depends on how you preceive risk.

 

I woud be tempted to respond and say that you deny that any money is owed as the damage was caused by the action of the person themselves and any claim will be met with a counterclaim for compensation for the injury received when he assaulted you.

 

The law doenst allow someone to profit from criminality

his claim will fail and the end result will be he will be further out of pocket for the counterclaim and costs.

 

Now in reality I wouldnt really be wanting to get into a counterclaim as it gets messy

but he may well consider the costs implication of his actions should he continue and decide that suing you isnt plain sailing

Edited by dx100uk
space/spell

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Ok thanks, good point!

 

I am drafting something together from information I am collating.

 

The only two paragraphs amended in the CAB template I received were:

 

I have not received a reply to my letter dated xxxx regarding the request for payment following the damage that you caused to my vehicle.

 

I am once again requesting a payment of E600 to cover my excess cost to make the required repairs through my own insurers. Please note this is considerably less than if I were to claim the full amount of the damage caused.

 

Someone else said to me, why are his insurers/their solicitors not writing to me? and that no specific allegation has actually been made?

 

Once I send the reply, if, proceedings went ahead, is another letter supposed to be received by me with more specific POC etc...?

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what you have so far is a piece of paper that is just about meaningless but if you want to respond the last thing you want to do is admit anything or invite him to think there is mileage in this.

 

respond by saying that the damage was caused from his own actions and that therefore there is no cause for action against you in this matter and that he should take it up with his insurers.

 

that way you are not inviting further letters but if you do get one from the insurer or a solicitor you can put in the extra detail regarding the assault and you counterclaim for damages for the injury caused to you by him. If he goes with a claim then you will respond accordinly in your outline defence.

 

i thik he is hoping that you are wortried by the threat of court and it seems as though he has no real desire to go there.

  • Confused 1

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Can I please ask if weekends and Christmas day/Boxing day are counted in the 30 days with the LBA?

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calendar days

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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you havent bothered to do anything I suggested in your multiple private messages and now you are fretting over the menaing of holiday dates.

get a grip, if he does sue you he is deluded but if he is deluded you wont persuade him to stop so let him do his worst as you couldnt be bothered to respond to his stupid letter.

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That feels quite harsh ericsbrother. I already said I appreciated, and I really do, all the advice you have given, which goes for everyone. I have acted on your advice and the reply is sent. To be honest my partner was concerned about the reply being received at this festive time and the repercussions which may follow, hence why I probably appear to be fretting over the dates and hadn’t done it sooner.

 

Yes, I agree with you, deluded is correct.

 

Try to understand, although I have some experience on here, part of me cant help feeling a little concerned when presented with an LBA in black and white and the aggravation which follows knowing what a small minded and pathetic individual I am dealing with!

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but you didnt actually do anything already suggested and are now panicking about nothing and worse than that want to make a mountain out of a molehill

 

You know it isnt a proper lba but a cut and paste attempt at a threat rather than a last attempt to solve a problem.

 

Neighbour disputes make judges groan so IF your neigbour sue you then the judge will most likely throw the case out regardless of its merits just to stop the waste of time and money. You have already been told the claim has no legs so what are you frettingover.

 

You should have sent a 2 line sod off letter a fortnight ago and as for him sending remionder letters, exactly what Civil procedure regulation does that come under? Dont try and overtake him in the stupidity race.

Edited by honeybee13
Paras

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Hope you all had a good festive break, and best wishes for 2019!

 

Well ericsbrother and all, I have received another letter...

 

Basically the same content, but providing me with 'evidence' of damage in the form of some photos, very close up with no time or dates. Also a letter from insurance about the excess costs etc... I can scan and post if needed? This gives me another 21 days to pay otherwise, threatens court action again as 'this evidence is enough to ensure recovery of £ through a civil claim'...

 

Interestingly, someone pointed out that if the insurance had been told the full story, it would be them writing to me on his behalf?

 

What are your thoughts please?

 

E!

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The "letter from insurance about the excess costs etc", is it a general letter confirming what his excess is? ie, not about this specific incident?

 

In general the less you write in response to this the better. He hasn't presented anything new and your denial of liability hasn't changed.

 

So I'd just write something on the lines: "I deny liability for any damage your car has incurred for the reasons set out in my letter xx/xx/xxxx and I will not be paying you any money". Send it recorded delivery (Tracked Mail).

 

In the meantime have you obtained a copy of the police report in case he takes it as far as issuing small claims court proceedings?

 

Insurers wouldn't write to you about the excess - it's the policyholder's responsibility to recover the excess if they can - but if he had reported it as a claim his insurer would probably write to you seeking to recover the cost of repairing the damage over and above the excess. My guess is he hasn't reported it as an insurance claim and that's why you haven't heard from insurers.

  • Confused 1

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Thank you Ethel Street

 

The insurance letter says 'following the recent conversation, they need to assess if the vehicle is repairable. Cksims team are validating claim' so am guessing hasn't told them about the incident.

 

Oh that's the other thing, the letter I received was recorded...but postman just posted it through the door! I checked royal mail and it says cannot give any information on it!

 

As I thought this might go away, I haven't obtained it no. Can I just ask at the station or does it have to be a SAR?

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To update, I did an SAR yesterday.

 

Yes, the least the said better. It is tempting to go into detail as he claims the assault on me wasn't true, but I only have my word and the photo from the police when the nurse saw me. The same as he only has his word that I assaulted him, although that hasn't been mentioned, its just about the damage.

 

It actually turns out I have legal cover on my house insurance, spoke to them about this and they were of the opinion he probably hasn't told his insurance the whole story (otherwise they would have written to me) and also that he would be totally stupid to go ahead with a claim. They could write to him on my behalf and say they are going to speak to his insurance about exactly what's been said and to ask what the exact allegation is, as it keeps being avoided.

 

What are your thoughts please? I am quite happy to do this myself again if not.

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my thoughts on the new letter? Well if you had tolod him to foxtrot oscar with a written response in the first place he wouldnt he wasting his time with a new letter. The other points raied by ethel street make it clear that he is still flying a kite over this and has no intention of actually suing you unless he thinks you will somehow either cave in or drop yourself in it by responding with somehting stupid and self incriminating.

 

send a stiff letter deying any responsibility or liability. IF he does file a claim you get your insurer to take the matter up and he will most likely regret ever satring an action but try and head it off with a strong denial in the first place. all the scribble about his insurer is a red herring and if you waste more effort on that angle it may well amke hime think that he has a chance to baffle you with bullshine.

 

NOT writing a month and a half ago is your biggest mistake and you still come back here asking for advice when the answer is always the same. Stop dithering.

Edited by honeybee13
Paras

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I thought OP had replied? Post#13 20th December

 

I have acted on your advice and the reply is sent.

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Correct Ethel Street, I have already sent a recorded reply about a month ago along the lines of:

 

Refuting causing any damage, you have provided no evidence of damage, or that I was responsible. I maintain there was no negligence on my part but was the victim of an assault committed by yourself. Therefore, to issue proceedings would make a mockery of the justice system and be a complete waste of the court’s valuable time etc…

 

So now he has written back as per my previous post, same content, but with photos of damage, which could have happened anytime and anywhere!

 

To fill the picture so far ive had:

 

Hand delivered letter giving me 14 days to pay otherwise shall ‘seek other means’

Hand delivered LBA giving me 30 days

Hand delivered ‘reminder’ ½ way through the 30 days

Recorded (but just posted through the door by postman pat!) letter giving me now 21 days

 

Tempted to reply and add : Your actions have set in motion a series of events to bring us to where we are today – but very aware to keep it brief?

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Thanks for the clarification.

 

It leaves me even more convinced that the best response is "I deny liability for any damage your car has incurred for the reasons set out in my letter xx/xx/xxxx and I will not be paying you any money". Send it recorded delivery (Tracked Mail).

 

Don't make any further comments about what happened or about whether it would be a mockery of the system etc etc. Any comments like that just give him the opportunity to prolong the correspondence. Don't say "Your actions have set in motion a series of events to bring us to where we are today", that's an open invitation to him to write back arguing about it. Any further letters from him just say the same. Close down the correspondence and leave the ball in his court.

 

Either he can drop it or he can start a formal claim against you in the small claims court. Come back here if that happens. The time to debate with him what happened is if and when he takes it to court. Not now.

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Thank you.

 

I shall go with this. Should I also add that I do intend to defend this at Court if needed?

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Hi all

 

I am pleased to let you know I've heard no more.
 
Its eight weeks since my reply was delivered, although it took the idiot a week to go collect it from the post office as was not home. Meaning 7 weeks since its been read.
 
I want to say a big thanks to all who helped on this.
 
I made a donation a couple of weeks ago, which I would have regardless, as it is sites like this which make the difference.
 
Many thanks
 
E!
  • Like 1

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That's good news, Eddie. I hope it continues like this. :)  Thank you very much for the donation, it's kind of you.

 

HB


Illegitimi non carborundum

 

 

 

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