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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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    • 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
      • 31 replies

Being sued after accident 7 months ago.


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Hi.

 

I was involved in a car accident back in May. I pulled out of a side road and a motorcycle came around the corner, lost control of the bike and the bike slid onto my side of the road (I had crossed the road and the manoeuvre was effectively over - the bike was going too fast, he panicked, pulled the front brake and the bike went down then slid into my car, hitting it head on - the passenger, thankfully, had continued to slide down his side of the road avoiding any traffic and any injury).

 

The police arrived and agreed that I was not at fault. The insurance company, however, took a different view, and decided that it was cheaper not to fight the claim and simply say that it was my fault.

 

Both parties were paid out by the insurance companies.

 

This morning, I received a claim form from the legal representative of the motorcycle rider, informing me that he is suing me for £700.39 plus costs, equalling £830.39.

 

There is no mention of what these costs are, just that I will be furnished with them after 14 days.

 

They are claiming interest from the day of the accident - which I find odd, as this is the first I have heard of this. Even if I considered that I was at fault and decided to pay up - I may have chosen to pay up on that day, so adding interest for the past 7 months seems extremely unfair/not lawful.

 

Can anyone advise what I should do next please?

 

 

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Please post up the claim form in pdf format

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You do nothing but pass the claim onto your insurance company for them to deal with. That's what you pay your premiums for.

 

Do not attempt to engage in any exchange of correspondence with the motorcyclist's lawyer or you may make your insurance company very unhappy.

 

Don't worry that you thought this had all been setled already - you let your insurer deal with it.

 

(If you actually read the T&Cs of your policy all this will be a condition of your insurance and ought to be spelled out for you).

 

 

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But in addition to the above, if it really is a claim form which has been issued to you then you will need to take action to protect yourself and also if your insurance really is not prepared to get involved then I would suggest adding them as a part 20 defendant – a co-defendant to the claim.

That will probably motivate them.

But you need to engage with this thread

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I've acknowledged the claim online, and have sent a copy to the insurer.

 

My guess is that they've been phoned by some ambulance chaser, "Have you been involved in an accident in the last 2 years?" - they've said "yes, I have", and now they're clutching at straws to milk it for every last penny. I mean, the bike was a 15 year old 250cc Honda. The amount this claim is for, is for more than the bike is worth (which has already been paid out) - I am assuming it's for the helmet and leathers, which I know were claimed for, but no receipts were ever forthcoming, so I'm guessing that the insurance didn't pay for them, and as such they're coming after me.

 

There's not a lot of point me uploading the claim - once the amounts and personal information have been removed, all that's left is "We want £x.xx plus interest as allowed under s69..." That's it. No breakdown of what is being claimed for. Just an amount.

 

 

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s69 court int is only awarded at the judges discretion if they win

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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You've acknowledged it and not indicated any defence yourself?  I'd leave it all to your insurer now, but I'd be inclined to keep in touch with them just to ensure they are dealing with it!  (It's in their interests of course to defend it properly, but you just want to make sure...)

 

Forward any further communication straight to your insurer without any delay.

 

And yes - sounds like the result of a claims management company random phone call.  (I was involved in a car accident a few years ago and our insurer actually put a claims company on the case.  I couldn't get rid of them until I told them in no uncertain terms to F off.  If I hadn't known what I was doing they would have persuaded me to make a fraudulent PI claim!)

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Yes. Given how slowly every company and/or govt. institution moves lately, I felt it prudent to acknowledge the claim for fear of it tipping over the edge of the 14 days.

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