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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I BORROWED A FREINDS TAXI DAY IN DECEMBER 2013 AND UNFORTUNATELY

Resolved Question:

I BORROWED A FREINDS TAXI FOR A DAY IN DECEMBER 2013 AND UNFORTUNATELY IT BECAME WATER DAMAGED,I AGREED TO PAY ALL THE COSTS TO HAVE THE VEHICLE REPAIRED FIVE WEEKS LATER THE VEHICLE WAS RETURNED TO THE OWNER AND I PAYED IN EXCESS OF £6000 FOR THE REPAIRS.OVER A YEAR LATER I HAVE NOW RECEIVED ALETTER FROM A SOLICITOR CLAIMING £14000 FOR LOSS OF WORK DURING THE PERIOD THE VEHICLE WAS OF THE ROAD.THIS WAS NEVER MENTIONED TO ME AT ANY TIME WHAT DO I DO.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was the £6000 of repairs in full and final settlement please?
Customer:

Hi.as far as i was aware yes,it was verbably agreed between us that i would pay for the repairs,i even paid for additional work on the vehicle(ie a new cluctch was fitted on the owners say)even though it was not required.Had i been made aware of a claim regarding loss of earnings i would have proceeded to ask the matter to be subject to a insurance claim.The subject has not been raised in over 12 months even though i have spoken to him on numerous occasions

Alex Watts :

Have proceedings been issued, or is it just a threat?

Customer:

Hi,at the moment i beleive proceedings have not been issued has the letter i have received has given me 10 days to respond

Alex Watts :

Ok - do you have any evidence that loss of earnings was not discussed or agreed?

Customer:

No Alex,the subject was not discussed,i would not have used the vehicle under such conditions,replacing the damaged engine was just the right thing to do.

Alex Watts :

ok - then they can not claim loss of earnings.

Alex Watts :

If it was agreed the damage was in full and final settlement with no mention of loss of earnings, then it can't be claimed

Alex Watts :

You agreed to £6000 repairs only.

Alex Watts :

Therefore you should write to the Solicitor and say loss of earnings was not discussed and the repairs were full and final settlement

Alex Watts :

That should be the end of the matter

Alex Watts :

Full and final settlement for repairs, means just that - nothing more can be claimed

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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