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Gladstones - Letter Before Claim (PCM)

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  • wrestling231
    wrestling231 Posts: 40 Forumite
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    any update?
  • subzero1988
    subzero1988 Posts: 94 Forumite
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    Yeah, no reply.

    Had another LBC recently with them, I sent over my response and again, must have been about 3 months ago now and no response.

    As someone mentioned on here before, if you reply and look like you know what you're talking about (100% credit to the guys on here who help, because it it wasn't for them I'd have no idea), then they seem to back off!
  • D_P_Dance
    D_P_Dance Posts: 11,504 Forumite
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    , if you reply and look like you know what you're talking about ... then they seem to back off

    Do not bet the farm on it, they have up to six years to revert.
    You never know how far you can go until you go too far.
  • subzero1988
    subzero1988 Posts: 94 Forumite
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    Understood but last time they actually set a court date, I submitted my defence and witness statement then they backed off. I'm sure the same will happen again if they do follow through with the latest one!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Cause of action estoppel. THey were required to advance their complete case in one claim, not multiple. 
  • Coupon-mad
    Coupon-mad Posts: 132,751 Forumite
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    Yes, if it is about the same car, location and Defendant then a 2nd claim is barred by cause of action estoppel, if the court agrees.  A good one to hit them with, giving the first claim number they folded with, and saying 'you missed your chance, you only get one bite at the cherry' then explaining cause of action estoppel.
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  • MothballsWallet
    MothballsWallet Posts: 15,852 Forumite
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    Coupon-mad said:
    Yes, if it is about the same car, location and Defendant then a 2nd claim is barred by cause of action estoppel, if the court agrees.  A good one to hit them with, giving the first claim number they folded with, and saying 'you missed your chance, you only get one bite at the cherry' then explaining cause of action estoppel.
    Would that "cause of action estoppel" explanation be best phrased in simple words to them? :smile:
  • D_P_Dance
    D_P_Dance Posts: 11,504 Forumite
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    Would that "cause of action estoppel" explanation be best phrased in simple words to them?

    Why use simple words?  This is hardly a simple matter.

    https://en.wikipedia.org/wiki/Estoppel
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You use the precise term, and then explain what it means
    Maybe suggest if theyre unsure they seek legal advice before filing a claim that is barred. 
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