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    • My personal view is that if you break down the work into various parts and treat each one is a breach of contract then each claim would refer to different set of facts. However, I take the point you're making. In terms of tracking down his assets – I'm afraid the only thing I can suggest which I think I've already suggested above is that you get the addresses of any properties fees associated with and run them through the land registry website and see what that brings. There is a small fee for each search. If you find that all of the properties are in the names of his wife or other relatives, and I think that you had better understand that you are dealing with somebody who knows their way round, and is very calculating about what they do and how they can avoid liabilities. Do you have any kind of bank details for him? You might be able to get an order against his bank account – assuming that it is still live. At the very least, if you wanted to cause a bit of discomfort then if you tried running a few very small claims simply to get judgements which would then remain unsatisfied and which would at least impact is credit file. Not a very nice way to go about things – but but at least it's another way of bringing some pressure to bear. It's too late now but I think that you may be didn't embark on this in the best way. I would certainly wanted to see his insurance documents and also to contact the insurers to begin with to make sure that they would cover these kinds of problems – although as I have said, I don't expect they would have done.
    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
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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
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Claim upheld without any investigation


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Hello, I have had this really bad experience where in my car insurance company upheld claim from another party that my wife, while reversing the car, hit his car and that his sensors and other things broke down. My car on the other hand is spotless. Not mark anywhere.

 

I dont want to dispute if there was any accident or not, but even so the insurance company accepted the claim without any investigation. They accepted that there indeed was an accident based on balance of probability that I was present at the time/place of incidence. No further investigation at all.

 

As far as I think, there may have been an incidence but only very minor. My car is spotless and that makes me believe that the accident, even if it occured, must have been minor. The claimant is only using this as an opportunity to get his other broken items fixed, all at my cost.

 

What are my chances if I went to Ombudsman?

Does the insurance not have to do further investigation like whether say bumber of my car can even reach the sensors of his car?

What is the general protocol.

Do insurance companies have to carry out such investigation and produce some report, even if preliminary.

If not then anyone can come and claim a world from me, even if I am not genuinly laible for it.

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Does not really make any difference, whether third party has claimed £500 or £5000, it is still a fault claim against your Insurance record.  So no point complaining or questioning how your Insurers dealt with the claim.  It won't reduce your premium or lead to any compensation, even if the Insurers just accepted the evidence the third party Insurers provided.

 

 Insurers should have made contact with you or you should have reported the incident, giving full details of what happened.  And if there was enough doubt about the extent of the damage the third party was claiming, your Insurers should have at least asked questions.  But if the claimed amount was less than a certain threshold value, it may not be their practice to spend too much on what they see an unnecessary administration.

 

No the Insurers don't have to produce investigation reports or involve you in the claims process, other than ask you to report the basic accident details, at the beginning of the claim process.

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Thanks for the reply, UncleBulgaria.

 

Fine, if it does not matter the claim is for $500 or £5000. I get that point.

 

I basically want to dispute the whole fact that an accident happened in the first place. They said that since my description of the event and of the claimant is same, they upheld the claim.

 

What had happened was that on the day of supposed incidence, this gentleman walked to my wife and said that she hit his car while reversing. And this is what I said to the insurance that the claimant said this.

 

The claimant, if he has to cook up a story, naturally he will have the description of context of incidence. So matching the desciption of supposed incidence cannot be good enough. There must be some physical evidence of the incidence, which will be some sort of mark, scratch or smudge.

 

Without any physical evidence that prooves the incidence, the claim has been upheld.

 

Edited by gentle
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