Burnt clutch - hire vehicle

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1911131415

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  • palasmy
    palasmy Posts: 179 Forumite
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    The reply for my above mail was pretty much instant!!

    "Thank you for coming back to me. The next email will have the information you require.

    kind regards"
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
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    Be interesting to see what they come back with?
  • palasmy
    palasmy Posts: 179 Forumite
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    I have received the below mail today afternoon. The mail appears to have been from a different person and the amount has been decreased from 2169 to 1808.. Does this all mean that internally GM has escalated the issue??

    "First Notice Of Costs - LETTER BEFORE ACTIONDear Mr XXXXX

    Further to rental agreement number RGW99451 we are writing to advise that we appear to still have an outstanding balance on your account. The details are shown below:


    RA/Invoice NumberInvoice ReasonTotal OutstandingRGW99451DAMAGE£1808.1The vehicle was hired from Green Motion Gatwick Airport. If you require any more information then please contact us urgently.
    THIS PAYMENT IS DUE IMMEDIATELY
    In the case of debts relating to penalty charge notices or similar traffic offences, where you have three or more unpaid notices, then this is advance, written confirmation that your details will automatically be added to the RISC database. This may effect your ability to hire cars in the the UK and Europe in the future.
    HOW TO PAY
    In order to make a secure online payment please visit https://www.glir.co.uk and click on 'Make A Payment' and follow the instructions. Once full payment is received then we will cancel all future recovery action. In the event that no payment is made then we may proceed by issuing court proceedings without any further notice.
    Yours sincerely
    Elysia Chapman
    Customer Services"
  • palasmy
    palasmy Posts: 179 Forumite
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    Hello All, I received the below letter today, presumably this seems like they are following some legal compliance to issue me sequence of letters???

    "Second Notice Of Costs - LETTER BEFORE ACTION
    Dear XXXXXX

    Further to our recent email we still have an outstanding balance on your account. The details are shown below:


    RA/Invoice Number Invoice Reason Total Outstanding
    RGW99451 DAMAGE £1808.1
    The vehicle was hired from Green Motion Gatwick Airport.
    "
  • snnl
    snnl Posts: 58 Forumite
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    It would seem that way, is this all still coming from GM themselves?

    Those letters don't really seem like the contain the right information to be considered a proper LBA - it could be them just trying to scare you in to paying.

    Citizens Advice have some details on what should be in a LBA and it must comply with Pre-Action Protocol if they want to take it to court https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

    In theory you should respond to these, even if its to dispute it. They could still take this to court so start reading up now.
  • palasmy
    palasmy Posts: 179 Forumite
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    I plan to reply as below, appreciate people's comments and thoughts.

    "
    Hello,
    I'm finding this legal threat totally unreasonable when GM's customer service agent agreed to send me all the relevant information I had requested for earlier, as per the 'Pre-Action Protocol'. Please refer to my email conversations with Sian Harding dated 17/04/2018.
    And clearly I'm in dispute of this damage claim and please can I request GM to send any form of legal notices through to my house address which is provided in my rental agreement and not by emails.
    Thanks"
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    Why are you even replying to them?
  • snnl
    snnl Posts: 58 Forumite
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    arcon5, he should continue to reply - if this goes to court you want to be able to prove that you did all you could to resolve this before it got to court and why you think you should not be liable for these excessive and silly charges. It will also show the courts him actively refuting this and showing why.

    Also i find if you put up a fight and show that that you are up for this, they may back down when they realise they aren't going to get their money! Otherwise companies will go straight to court, expect you not to show up (as you've not replied) and get a CCJ against your name.

    Continue to reply and refute this charge.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    snnl wrote: »
    arcon5, he should continue to reply - if this goes to court you want to be able to prove that you did all you could to resolve this before it got to court and why you think you should not be liable for these excessive and silly charges. It will also show the courts him actively refuting this and showing why.

    Also i find if you put up a fight and show that that you are up for this, they may back down when they realise they aren't going to get their money! Otherwise companies will go straight to court, expect you not to show up (as you've not replied) and get a CCJ against your name.

    Continue to reply and refute this charge.

    Right your being a tad presumptuous.

    He's already replied numerous times and clearly set out his position. His position remains unchanged. Op tried to resolve it unsuccessfully, they've reached a stalemate. There's no need to reply to every threat going round in circles ever more.

    There has been absolutely no suggestion court paperwork should be ignored. Only you have now spoke about judgement by defaults. If they want a court to resolve it they can issue a claim.

    I don't think op is liable. Only you have implied that's what I'm saying.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
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    I would not bother replying anymore the OP has stated their case more then once.
    They have not come back with what the OP asked for ie: proof of the damage being caused by him. Because they cant sending repeated demands for payment is not going to change the situation.
    As for a court expecting you to try and sort it amicably, well the OP has tried that and all they do is keep sending requests for payment.
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