Legal problem.....

sabelu

Not sure whether this the right forum but I am 18 a student in sixth form. Some months ago I on a drunken night damaged a car on CCTV police investigated but took no further action. Today I have received a claim from a solicitor claiming damages of £1600 with 7 days to pay. I currently earn £40pw have outgoings of around £80pm for food, insurance etc. I accept I did the damage. What can I do? Can I get legal advice free ? If I make a £5 pw offer will that keep them at bay?

holstar

I have no idea! 7 days to pay sounds a bit harsh though. I don't know whether insrance claims can be paid back pw, and if so what kind of amounts they will allow.

Try asking on the insurance board, they may be able to help

Hol x

talksalot81

Id also make good and sure that you check they are asking reasonable damages.... you are something of a soft target and it wouldnt be hard to greatly exaggerate.

Volcano

Solicitors act all aggressive in the hope it will scare people into paying, go and see your local citizen's advice bureau.

Bossyboots

If they took this to court then the court would take into account your income and make an order for regular payments accordingly. The solicitors will know this and it is in their interests and their client's interests to sort this out without resorting to court proceedings.

All you can do is make an offer and send them proof of your financial position and see what they say.

Are the solicitors acting for the car owner or his insurance company as a matter of interest.

Rosco1112

This person is obviously a thug and deserves everything that he gets, you can't go smashing other people's property just because your drunk. At least this will knock some sense into you and I bet you won't do it again, if you only pay £5pw then you will have a CCJ against you and will never be able to get credit, so throw a mortgage out the window, not a very good start in my opinion. You have to pay it in full.

Bokken_2

sabelu wrote:

Not sure whether this the right forum but I am 18 a student in sixth form. Some months ago I on a drunken night damaged a car on CCTV police investigated but took no further action. Today I have received a claim from a solicitor claiming damages of £1600 with 7 days to pay. I currently earn £40pw have outgoings of around £80pm for food, insurance etc. I accept I did the damage. What can I do? Can I get legal advice free ? If I make a £5 pw offer will that keep them at bay?

The only other option is for you to go to the police station and tell them,they will identify the crime,day date etc.
You cannot be prosecuted by the crimminal and the civilian systems at the same time.
The police will interview you and if have no previous convictions and you admit the offence in interview and say your sorry on tape you will get a caution.
The caution will count on your record but employers and credit agencies are not too bothered about a caution for damage when you were a student.
The chances are you won't have to pay the damages being suggested by the solicitor.
If you are charged and summoned to the magistrates court I doubt very much you will recieve a fine more than £300.
Either way you choose your'll be better off than sitting doing nothing like you are at the moment.

jennifernil

If it was my car you had damaged I would be pretty mad. I would have had to claim on my insurance and would now be facing higher premiums, possibly difficulty getting cover. So I would be coming after you too, or would hope my insurance would, you cannot do this sort of thing and not expect repercussions. I would also be wanting to know why the police did not charge you.
Did it occur to you that the car you damaged might belong to a student or other person having to work hard to pay for it? What if the owner did not have comprehensive insurance and has had to pay themselves to repair the damage you did?
You talk about "keeping them at bay", but this is just an ordinary person you have done this to, not some faceless corporation.
You should face up to your responsibilities, get a second job, speak with the solicitor and make a realistic offer to pay back the cost of the damage you did. Certainly check that the amount being asked for is correct, but do not try to evade your responsibilities.

talksalot81

Rosco1112 wrote:

This person is obviously a thug and deserves everything that he gets, you can't go smashing other people's property just because your drunk. At least this will knock some sense into you and I bet you won't do it again, if you only pay £5pw then you will have a CCJ against you and will never be able to get credit, so throw a mortgage out the window, not a very good start in my opinion. You have to pay it in full.

I guess alot of us think this. I have had my moments with alcohol and an awful lot of others have likewise (to be honest, if you havent, you are either a saint or not being honest).... so without knowing the OP better, it is probably best not to follow this line of thought.

sabelu

Bokken wrote:

The only other option is for you to go to the police station and tell them,they will identify the crime,day date etc.
You cannot be prosecuted by the crimminal and the civilian systems at the same time.
The police will interview you and if have no previous convictions and you admit the offence in interview and say your sorry on tape you will get a caution.
The caution will count on your record but employers and credit agencies are not too bothered about a caution for damage when you were a student.
The chances are you won't have to pay the damages being suggested by the solicitor.
If you are charged and summoned to the magistrates court I doubt very much you will recieve a fine more than £300.
Either way you choose your'll be better off than sitting doing nothing like you are at the moment.

There is no possibility of being taken to criminal court as the caution has been issued. Does this mean it cannot be taken through civil proceedings for damages ?

vanoonoo

I suspect the best course of action is to contact your local CAB as mentioned above. please let us know how you get on, best regards V