Burnt clutch - hire vehicle
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Ectophile I meant they had sent this through email, and I was wondering how would they even know if I had seen it or has it been trashed into spam straight away..
OK, scrub that previous answer then.
It does seem a bit weird to use email, as there's no real proof of delivery, or assumption under the Interpretations Act. Maybe that's why they have revoked it.
But it is just a letter. It looks good when you go to court to show that you have given the defendant fair chance to pay.If it sticks, force it.
If it breaks, well it wasn't working right anyway.0 -
If it did come from a solicitors it looks like a bog standard LBC, Greenmotion must issue these quite often if you read about them they seem very keen to claim for damage. The claim would be viable if you had caused provable damage. As it is in their terms and conditions that damaged caused is to be paid for.
However in your position the damage would be impossible to prove it was down to you. The problem with any wear and tear part on a vehicle for a claim to be made is very difficult you have to prove mechanical failure, they have to prove user abuse, or it simply wore out.
Without a expert report on the whole clutch system they can not prove anything. All they have sent you is a picture of one side of the pressure plate and one of one side of the friction plate. Both look as if they have been washed, neither looks excessively worn, the pressure plate is not discolored, or showing signs of picking up. The friction plate still has a decent quantity of friction material, the clearance/cooling grooves are still across the whole face and look to have a decent depth.
To make a valid claim they would need more then this, was the mileage within the warranty period? What part of the clutch was damaged? Picture of the bell housing and engine block to rule out oil contamination, proof the release bearing or hydraulics were not faulty, picture and report of the flywheel, pressure plate, and friction plate.
Of course another thing is they should have allowed you or offered you a chance to have your own report done on the clutch.0 -
I received the same letter by Royal Mail yesterday.
The letter says 14 days to respond. Should I draft a letter stating my stand that I need more evidence and refer to the pre-action protocol compliance?0 -
If it did come from a solicitors it looks like a bog standard LBC, Greenmotion must issue these quite often if you read about them they seem very keen to claim for damage. The claim would be viable if you had caused provable damage. As it is in their terms and conditions that damaged caused is to be paid for.
However in your position the damage would be impossible to prove it was down to you. The problem with any wear and tear part on a vehicle for a claim to be made is very difficult you have to prove mechanical failure, they have to prove user abuse, or it simply wore out.
Without a expert report on the whole clutch system they can not prove anything. All they have sent you is a picture of one side of the pressure plate and one of one side of the friction plate. Both look as if they have been washed, neither looks excessively worn, the pressure plate is not discolored, or showing signs of picking up. The friction plate still has a decent quantity of friction material, the clearance/cooling grooves are still across the whole face and look to have a decent depth.
To make a valid claim they would need more then this, was the mileage within the warranty period? What part of the clutch was damaged? Picture of the bell housing and engine block to rule out oil contamination, proof the release bearing or hydraulics were not faulty, picture and report of the flywheel, pressure plate, and friction plate.
Of course another thing is they should have allowed you or offered you a chance to have your own report done on the clutch.
With so much stacked against them, I'm surprised that they are volunteering for a legal route..0 -
Don't point out their mistake of non compliance to protocol you let the courts know that they have made the error once you receive service from the small claims track, it will be upto the court to then decide whether the claim is valid or not.I received the same letter by Royal Mail yesterday.
The letter says 14 days to respond. Should I draft a letter stating my stand that I need more evidence and refer to the pre-action protocol compliance?
Just write back (signed for delivery) that you dispute the claim in its entirety. its upto them then to follow up with court action or go away and cry in corner of the room realising you wont fold to their demands and they wont get their money.0 -
With so much stacked against them, I'm surprised that they are volunteering for a legal route..
It has cost them so far the price of a letter, if you fold it is happy days for the price of said letter.
They would need to do a lot more to prove their case, they are hoping you will bottle it.0 -
Frankly I didn't know what to write apart from saying simply I dispute the claim. Have put together few words as below,
"I dispute this claim in its entirety.
And I still am waiting for the evidences to prove that the damage to clutch was caused by me. Until today I haven't received anything in this regard apart from either emails asking me to pay or legal threats.
On a separate note,
GM hasn't refunded the outstanding amount of 59.22 from the Windscreen damage claim (Please refer to the email dated 04/04/2018 from GM showing the refund breakdown in their invoice."
Appreciate your comments / thoughts0 -
I think it would be best just to tell them that you dispute the claim and will look forward to the court case.Frankly I didn't know what to write apart from saying simply I dispute the claim. Have put together few words as below,
"I dispute this claim in its entirety.
And I still am waiting for the evidences to prove that the damage to clutch was caused by me. Until today I haven't received anything in this regard apart from either emails asking me to pay or legal threats.
On a separate note,
GM hasn't refunded the outstanding amount of 59.22 from the Windscreen damage claim (Please refer to the email dated 04/04/2018 from GM showing the refund breakdown in their invoice."
Appreciate your comments / thoughts
The lack of evidence would be best brought up in court, if it gets there.0 -
Frankly I didn't know what to write apart from saying simply I dispute the claim. Have put together few words as below,
"I dispute this claim in its entirety.
And I still am waiting for the evidences to prove that the damage to clutch was caused by me. Until today I haven't received anything in this regard apart from either emails asking me to pay or legal threats.
On a separate note,
GM hasn't refunded the outstanding amount of 59.22 from the Windscreen damage claim (Please refer to the email dated 04/04/2018 from GM showing the refund breakdown in their invoice."
Appreciate your comments / thoughts
At this point you merely tell them "thank you for your letter dated XYZ REF:XYZ, I Dispute this claim in its entirety.
Regards.
Don't go asking for things you've asked for previously. Don't elaborate on why you dispute it.0 -
As above. Stop trying to enter in to a dialogue!
You've tried resolving it. They haven't co operated. You can prove it.
No need for further discussion. Let them pursue it if they want to. Your wasting your time with your replies for info and your explanations. They don't care about your needs. They won't have a member of staff reviewing each contact. They will just be sending a list of names and balances to a legal professional who will send out official looking letters enmass with no thought of care about any of the particulars. You'll be nothing more than a statistic0
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