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Vehicle recovery company threatening me with a CCJ?

2

Comments

  • Keep the letters with the dates on. Basically they are saying that if you don't pay will probably give it over to a legal firm who will send a letter before action (now PAP) giving you 30 days to respond before they can issue a claim that will double it at least with costs & fees.

    Have they stated why its unroadworthy and have you checked T&C. If you are involved in an accident its your insurance that recover the car if unroadworthy rather than breakdown cover - who just handle.... when it breaks down
  • molerat
    molerat Posts: 35,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Most of the recovery organisations have these clauses. I think it was originally designed to prevent people from buying a pos doer upper on ebay and getting their recovery policy to transport it home for them. How was the car unroadworthy in this case ?
  • Thanks for the help guys.

    The vehicle has no tax or mot. I was intending to have it recovered to a garage and was unaware that there was a clause against this in the t's and c's.

    Am I correct in assuming that they have to issue a PAP before commencing court proceedings?
    Am I also correct in in saying thay they have 3 months to issue the PAP and after that they can't go down that route?
  • Why risk a CCJ for £90 lol just pay it already
  • I'm not risking anything. I'm just confirming if what I've read is right. And what I've read says they need to issue me a PAP. If it gets to that stage I'll pay it off.
  • elsien
    elsien Posts: 36,504 Forumite
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    As already stated, they have 6 years to chase you for the debt.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • forgotmyname
    forgotmyname Posts: 32,956 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They appear to be ticking all the boxes informing you of what and why the charges need paying and given you a final chance to pay up.

    Sounds like they are looking to get the money from you, either court themselves or pass it down to a debt collector.
    Censorship Reigns Supreme in Troll City...

  • PixelPound
    PixelPound Posts: 3,070 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    husscuss wrote: »
    Thanks for the help guys.

    The vehicle has no tax or mot. I was intending to have it recovered to a garage and was unaware that there was a clause against this in the t's and c's.

    Am I correct in assuming that they have to issue a PAP before commencing court proceedings?
    Am I also correct in in saying thay they have 3 months to issue the PAP and after that they can't go down that route?

    where do you get 3 months from? Six years. Your stubbornness may backfire.
    Lets say they continue to write for the £90 which you ignore/refuse. They then employ a company to try and recover it, which you ignore. Recovery fees get added, say £40, then it gets sold to a DCA who are asking for £130, which you refuse. A PAP is issued and you pay. Sure you have avoided costs/fees once claims starts, but the balance may not be £90 anymore.
  • inbrief.co.uk/claim-preparations/judicial-review-pre-action-protocol

    I think I might have just read it wrong. Something about protocol.

    The other thing is technically they don't have any way of proving my identity or address. I bought their policy through a third party, so my name and address could be completely different from what's on their system. So hypothetically speaking, what happens if I claim it wasn't me?
  • They'll tell you to stop being ridiculous.
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