Vehicle recovery company threatening me with a CCJ?

fwor

Seriously? You instructed them to recover your car, but then you say it wasn't you that told them to do it - it must have been someone else?

societys_child

husscuss wrote: »

The vehicle has no tax or mot. I was intending to have it recovered to a garage

. . . and that's the reason they have this clause (to prevent misuse of the breakdown insurance).

husscuss

fwor wrote: »

Seriously? You instructed them to recover your car, but then you say it wasn't you that told them to do it - it must have been someone else?

Yes, hypothetically. It would be down to them to prove it.

fwor

Cast your mind back to the time when you called them for the recovery.

After you said "I need a car recovered" did they say "Yes mate, no problem - be right there".

Or did they say "Please can we have your membership/account/contract number and the first line of your address?".

No vehicle recovery company is going to come out and lift a car unless you can provide evidence that you have a contract with them - unless you agree to pay at the roadside - and their procedures for checking that will be well documented. I would say that you have zero chance of convincing a court otherwise.

PixelPound

husscuss wrote: »

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?

Is it different? Did you use a card for that third party site transaction.

Theoretically speaking you say they have got the wrong person, a PAP form is issued and you still say its not you, a claims form issued and the debt may now be £200+, a CCJ then goes on your credit file

PixelPound

husscuss wrote: »

Yes, hypothetically. It would be down to them to prove it.

Not really, they could look at the log of how it was purchased, the name on the card. You have a service contract, not a credit contract.

elsien

Jeez, it's an awful lot of wriggling on your part to fail to get out of paying something where there doesn't appear to be any dispute that you do actually owe it.

PixelPound

Did it start off as not thinking the fees are fair, and now trying to wriggle out of the debt