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Dispute with other landlord - HELP!
Comments
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DandelionPatrol wrote: »Not the case at all. The Landlord can only claim off OP. OP does not have to reveal anything about the insurance to LL. It is OP's choice as to whether to pass a claim on to the Insurer.
Having said that, it is generally a condition of insurance that all claims are disclosed.
Im pretty sure the LL could make a 3rd party claim. But the motoring boards can help with that.0 -
Considering that the car was damaged to the point that it could not be driven but only cost £450 to fix, I'd say that would indicate a fair 'bump' into the other house. At the price he is asking for the repairs to put right, I would be snatching his hand off and be glad that I didn't have a claim for much, much more against me.0
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A fair point, but hence in post 18 I suggested:DandelionPatrol wrote: »It's subtle, but the now what is nothing. Whereas if there is no bill, the claimant can come back and say the the £170 was only an interim payment.
I am distrustful of the scenario and the threat to charge an admin fee makes me wary of the claimant. I think OP should stick to their guns.Just send him a cheque along with a covering letter apologising for the damage and thanking him for his understanding, and politely say it is "in full and final setlement".0 -
You cannot impose a Full and Final settlement. It has to be agreed and the usual method is to withhold payment until a Full and Final offer is acceptedA fair point, but hence in post 18 I suggested:Just send him a cheque along with a covering letter apologising for the damage and thanking him for his understanding, and politely say it is "in full and final setlement".0 -
With G_M's covering letter, cashing the cheque would be deemed acceptance of the full and final settlement....0
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http://www.irwinmitchell.com/about-us/newsletters/im-on-the-money/im-on-the-money-issue-ten/cheques-in-full-and-final-settlement refers.With G_M's covering letter, cashing the cheque would be deemed acceptance of the full and final settlement....
The answer is 'it depends'. If the LL cashed the cheque and wrote back immediately to ask for more, the F&F would probably not stick in court. It would very arguable that LL had accepted payment for an undisputed part of the claim.
As ever, best to keep things away from a potential dispute0 -
DandelionPatrol wrote: »Not the case at all. The Landlord can only claim off OP. OP does not have to reveal anything about the insurance to LL. It is OP's choice as to whether to pass a claim on to the Insurer.
Having said that, it is generally a condition of insurance that all claims are disclosed.
The landlord can claim directly from the vehicle Insurers with no involvement from the OP.
It's fairly rare but is possible and backed up by an Euro Law0 -
I do believe you're right.
Though 5 hours ago I thought Dandelion was right.
Life is sooooooo confusing.....
The legal profession work hard to ensure it is confusing. To others. It keeps them in BMWs, second homes and mistresses.
The one thing I wholeheartedly agree with you both is, the less time spent with a solicitor, the happier life is. Same with doctors,unless you are married to one... Sometimes even if you are married to one....0 -
As it was the landlord that asked for £170 after the repair, it's obvious it is payment in full.Well life is harsh, hug me don't reject me.0
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