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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3662
Experience:  Solicitor at BLM
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In brief my wife's care was parked by a kirb side nature

Customer Question

in brief my wife's care was parked by a kirb side nature strip while she was sitting in her car a person mowing the grass hit the side of the car causing a dent and scratch. on hearing a loud bang got out to investigate and the man denied he was aware of hitting the so said he was not responsible.responsible. my wife called me to attend the situation and the man had packed away his mower into the back of his car. i requested he remove the mower so i could check if it was possible to have caused the accident. on checking, the damaged matched exactly the side of the mower handle but he still said he was not guilty. i had a quote for £200 to fix the car and have heard i might need mediation. what do you think my best action should be?
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: bexhill east sussex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: do i have to have mediation which believe can be expensive?
Submitted: 10 days ago.
Category: Law
Expert:  Anthony Chendo replied 10 days ago.
Hello 

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays.

I am sorry to hear about your situation.

Is the person still denying liability for the damage?

Customer: replied 10 days ago.
Expert:  Anthony Chendo replied 10 days ago.
Given he disputes liability it is unlikely mediation will assist at the moment because he may maintain his position that no payments should be made at mediation.

Therefore you should consider court action.

i suggest sending a letter before action which outlines reasons why you are owed the amount in question and failure to pay within a set deadline will result in court action.

Please see below a template letter format that can be amended to suit your position.

insert name and address) (insert date)

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter and to the above sum.

[Then explain why they owe you the amount in question].

I note that, notwithstanding my requests for payment of £[insert amount], in respect of [amount of the debt], I have yet to receive payment. In the circumstances, I am no longer prepared to leave this matter in abeyance and, unless payment of the sum is received within [insert reasonable period of time, eg 14 days] of the date of this letter, I will commence proceedings without further notice.

This letter is being sent to you in accordance with the Pre-Action Protocol for debt claims (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert deadline date ). Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you and your company whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Assuming the letter does not produce the desired result i suggest you return to JA and we can assist you with the next steps which may be court action that you have put the person on notice about.

I hope i have clarified the position.

Thanks and stay safe.

Expert:  Anthony Chendo replied 9 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given. If you require further legal advice on another matter, please create a new question and tag @anthonychendo in the expert box. I will be notified of your request and prioritise it.

Thanks and stay safe