Update on £900 demand....

[cahu]

Well, I emailed the solicitor asking them to send me the photographic proof as I didn't agree etc. Received letter today saying to put a speedy end to it as a gesture of good will, I could pay £ 498 instead. I'm about to call the guy at the legal centre but first what do you make of that?

[EldritchCleavage]

I've just read your first thread. The whole things sounds dodgy, in my opinion, especially as they waited so long before complaining. And look, the minute you ask for further information, they drop the amount asked for by about 50%! Just reinforces my impression that this is all about frightening people into paying money they may very well not owe.

[cahu]

I hope so eldritch. The title of their letter was Without Prejudice as to save costs....

[EldritchCleavage]

Well, make sure you read it out to the man at the legal centre.

[suburbandweller]

Hi cahu, I have just read this and your previous thread. I'm a solicitor (litigation) and have a bit of advice about the letter you have received. I agree with Eldritch that it sounds slightly dodgy - to make a settlement offer when they've been asked to provide basic proof of the claim suggests they may not actually have any.

The fact that the letter is headed "without prejudice save as to costs" means that it can't be referred to in court, other than when the parties' respective entitlements to costs are being dealt with (which will be once the dispute has been resolved either way - although I think the position in small claims court is that costs can't be claimed anyway). I would suggest that you respond by saying that as you have seen nothing to suggest that they have a claim against you at all you have no basis on which even to consider their offer. I would then repeat your request for the information you asked for previously.

[Peppin]

Hi Cahu. As a solicitor, offering a settlement offer without providing the documents you've been asked for by the other side is akin to saying "I am desperate". This is really lame. I wouldn't ignore it though - but write back saying

I note your client's offer but as set out in my previous letter dated X, I require copies of your client's photographs taken immediately prior to and post the term of the lease, with details of the dates and times on which the photos were taken. You will appreciate that without sight of the purported evidence I am unable to consider whether any settlement offer is appropriate. I look forward to your response, with the documents requested in my letter dated X, by [insert date].

Yours faithfully,

Cahu

And see if they come up with the goods. If they can't make their case, don't pay.

[VisuallyChallengedFiend]

Ha
Am glad to see they are a a bunch of pisstakers as I thought (kittyfisher here btw). Agree with the others that this suggests that they do not have evidence and that they are just trying to get money out of you. If they did they would just respond with the photos and a letter saying '900 pounds please' in the first place. Peppin's suggested response is good.

[cahu]

Hi everyone. Peppin, I did write back to them over a week ago on the advice you pm'd me saying virtually what you write above.

I have had no response from them as yet but the support and advice from you ladies has been so amazing..... thanks again.

[Peppin]

Well, I'm pleased. It does sound as though they were chancing it and I hope that's the past you hear from them, but keep us posted. Many of these types of letters of claim work on a multiples basis, i.e. the client company accepts that it will cost them to send out a large number of letters of claim, but under the business model, if they get 1 payer from every 10 letters, it's worth it. A similar thing was in the press a lot recently with the ACS Law firm sending all the letters of claim re copyright infringement in relation to unlawful downloads of porn films.

[cahu]

Hi everyone, if you are around, I have heard nothing since I sent them a very official sounding letter that Peppin very kindly worded for me.

Should I just sit tight or contact them to ask what the state of play is?

I suppose I'm just looking for closure really and don't want to be thinking there's a letter coming any day. I suppose the ball is in their court but what is an acceptable time frame for them to reply considering it took them almost a year to bring it to my notice?

[kittyfishersknickers]

99% likely that they have given up. They probably opened your letter and thought 'bollocks!'.

Personally, I think you can just leave it. You sent them a letter that required a response and none has been given. It would be nice to have closure I know, but they probably won't do you the courtesy of a reply.

Really glad you asked on here though, and follow the advice from Peppin et al.

[cahu]

Hope so Kitty. I know, I had better advice here than from the CAB...!

[Peppin]

Cahu strictly speaking they have 6 years from the date on which they knew or should have known about your breach of contract ( which they would say is the damage to the car caused by you). So, 6 years from date you gave car back.

However, having gone through this process now I think you can probably sleep easy. I would never say never, but in my view this has been one of many man standard letters they send out in hopes that some will stick. You have required evidence before paying (as you quite rightly should) and they have probably given up.

But if you do hear anything further, feel free to PM me.

[cahu]

I will, you have been so kind, thanks agin.

[EldritchCleavage]

Don't chase them-it's their complaint, it's up to them to pursue it.