Burnt clutch - hire vehicle

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  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    The below mail was suggested by a member in PePiPoo forum. Please can I have some comments, I understand replying isn't going to lead anywhere when they haven't listened to my request. However, just concerned a little on the legal compliance if at all this heads in that direction in the future...

    "Dear Sir or Madam,

    As the debt is disputed, I now invite you to comply with the pre-action protocol for debt claims, which is published at https://www.justice.gov.uk/courts/procedure...debt-claims.pdf
    Should the matter come to court, and regardless of the outcome, any unreasonable failure on your part to comply with the protocol will be drawn to the attention of the court.

    Pursuant to Civil Procedure Rule 6.8(a) I confirm that my address for service of the claim form and all other documents is: (insert home address here)

    I note that you have not asked, under paragraph 4.2 of Practice Direction 6A, whether I am willing to accept service by email. For the avoidance of doubt, I am not willing to accept service by fax, email, or other electronic means. This includes documents sent under the pre-action protocol.

    Please be advised that further emails or letters which amount to a bare demand for money will no longer be responded to.

    Yours sincerely    "
  • Zandoni
    Zandoni Posts: 3,423 Forumite
    Name Dropper Photogenic Combo Breaker First Post
    palasmy wrote: »
    The below mail was suggested by a member in PePiPoo forum. Please can I have some comments, I understand replying isn't going to lead anywhere when they haven't listened to my request. However, just concerned a little on the legal compliance if at all this heads in that direction in the future...

    "Dear Sir or Madam,

    As the debt is disputed, I now invite you to comply with the pre-action protocol for debt claims, which is published at https://www.justice.gov.uk/courts/procedure...debt-claims.pdf
    Should the matter come to court, and regardless of the outcome, any unreasonable failure on your part to comply with the protocol will be drawn to the attention of the court.

    Pursuant to Civil Procedure Rule 6.8(a) I confirm that my address for service of the claim form and all other documents is: (insert home address here)

    I note that you have not asked, under paragraph 4.2 of Practice Direction 6A, whether I am willing to accept service by email. For the avoidance of doubt, I am not willing to accept service by fax, email, or other electronic means. This includes documents sent under the pre-action protocol.

    Please be advised that further emails or letters which amount to a bare demand for money will no longer be responded to.

    Yours sincerely    "

    I feel that you’d be helping them take the correct action with this communication, I’d just ignore them.
  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    Zandoni wrote: »
    I feel that you’d be helping them take the correct action with this communication, I’d just ignore them.

    Oh! whilst I admit that I never thought in that angle, a company as GM should be very familiar with such things one would think...
  • Zandoni
    Zandoni Posts: 3,423 Forumite
    Name Dropper Photogenic Combo Breaker First Post
    palasmy wrote: »
    Oh! whilst I admit that I never thought in that angle, a company as GM should be very familiar with such things one would think...

    You don’t really know, they may never go court, many people get scared and pay.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    First Post First Anniversary
    palasmy wrote: »
    GM should be very familiar with such things one would think...

    I think the only thing they are familiar with is charging for unsubstantiated damage.

    You have asked the relevant question of them asking them for proof that the damage they wish to be paid for was caused by yourself.

    If they had a case that would undoubtedly been forthcoming. Yet all they keep sending is a bill.

    If you are inclined to respond simply say that all future correspondence should be in writing to your known address, and that you will not respond to anything else other then in response to expert evidence that the damage was caused by yourself, or a court claim.

    Or you could give them the same response as did Private eye in "Arkell V Pressdram".
  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    Thanks all, I think it makes sense to think that if hey are serious about the issue they wouldn't be following such cheap routes and also none of these materials can be used against me in the legal context if they choose to do it.

    Have decided to sit tight!!!

    Cheers
  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    This is the mail I got today from GM. The thing to note is the last para where they talk about legal proceedings and who their solicitors are...

    Feeling a bit more nervous now, should I start gathering my documents and prepare my self for the battle..

    "We wrote to you approximately 7 and 14 days ago in relation to the outstanding balance due to Green Motion Gatwick Airport. If you have made payment to us then please ignore this email, there can be a delay between receipt of payment and the system being updated.
    The details are shown below:


    RA/Invoice NumberInvoice ReasonTotal OutstandingRGW99451DAMAGE£1808.1The vehicle was hired from Green Motion Gatwick Airport.
    THIS PAYMENT IS DUE IMMEDIATELY
    The matter is now being passed to Warrens and Co Solicitors who will begin proceedings to recover this amount. If you are based in the UK then they will use the Small Claims System to apply for a County Court Judgement without further notice or warning. This may effect your ability to secure credit in the future.
    As per our previous correspondance, if you have three or more unpaid invoices then we will automatically add you onto the RISC database. In order to avoid further action we urge you to contact us immediately.
    Yours sincerely"
  • debtdebt
    debtdebt Posts: 949 Forumite
    OP, don't enter into any more negotiation with them.

    "Warrens and Co Solicitors". written in that specific spelling don't even exist if you google them. Also, the can't seem to spell judgment and furthermore it's called the Small Claims Track not the Small Claims System.

    If I were you, I'd send one final email or letter stating that your address for service of legal documents is whatever it is and leave it at that.

    If you need any help if they do issue proceedings (I doubt they will), I will help you with defending the process. (Former Defendant civil Solicitor)
  • Nasqueron
    Nasqueron Posts: 8,785 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    edited 6 May 2018 at 1:08PM
    debtdebt wrote: »
    OP, don't enter into any more negotiation with them.

    "Warrens and Co Solicitors". written in that specific spelling don't even exist if you google them. Also, the can't seem to spell judgment and furthermore it's called the Small Claims Track not the Small Claims System.

    If I were you, I'd send one final email or letter stating that your address for service of legal documents is whatever it is and leave it at that.

    If you need any help if they do issue proceedings (I doubt they will), I will help you with defending the process. (Former Defendant civil Solicitor)

    https://warrens.law/our-legal-team/



    Warren!!!8217;s Law and Advocacy is a trading name of Rodney Warren & Co Ltd

    Hardly be the first numpty who gets the name of their legal firm and legal terms slightly wrong when sending out letters to customers, but I'd bet it's this firm especially given they and green motion pop up together occasionally if you look on google
  • oldagetraveller
    oldagetraveller Posts: 3,653 Forumite
    debtdebt wrote: »

    Also, the can't seem to spell judgment

    Not necessarily.
    https://en.oxforddictionaries.com/definition/judgement
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