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civvy
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PostPosted: 08:40 - 13 Apr 2011    Post subject: Recommend a solicitor Reply with quote

I'll keep details brief for now, for hopefully obvious reasons.

I've had my bike dropped by a contractor working for a well known recovery company. He's refused to give me any paperwork mentioning the damage at the scene, and said he will deny causing it.

I have him on video admitting dropping the bike, and then saying that he will lie about it.

The well known recovery company has said that they will not cover any expenses (hire bike etc) unless he admits fault (not really interested in the video). If he admits it, they will only offer a car (which I wouldn't be able to drive).

If he admits it, then they'll look at getting the repair paid for (possibly bent bar, missing mirror (still in the guy's van), several scratches on fairing, scratches on wheel etc) so I won't have a bike until that's all sorted (looking like a couple of weeks even *if* he admits it)

I use my bike to get around everywhere, get to work every day etc. Can anybody recommend a solicitor to help get this resolved and my bike repaired ASAP, as well as assist with getting me back on the road in the mean time.

I have legal cover on my insurance, but they can't help, as it wasn't technically an accident involving me.

Cheers


Last edited by civvy on 08:45 - 13 Apr 2011; edited 2 times in total
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Nai
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PostPosted: 08:41 - 13 Apr 2011    Post subject: Reply with quote

Couldn't that be considered a police matter?
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pinkyfloyd
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PostPosted: 08:42 - 13 Apr 2011    Post subject: Reply with quote

You could try these guys. Dont know anything about them really apart from what the web pages say. Never had to use them and hopefully never will but if I do need specialist bike solicitors I will try these guys

https://www.whitedalton.co.uk/
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civvy
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PostPosted: 08:46 - 13 Apr 2011    Post subject: Reply with quote

Nai wrote:
Couldn't that be considered a police matter?


I had to call the police on the evening, as the guy was getting very aggressive and threatening to take the bike away unless I signed the paperwork to say it came back in one piece.

Phoned again in the morning though and, although they were very helpful, said that it wasn't a police matter Sad
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MarJay
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PostPosted: 09:00 - 13 Apr 2011    Post subject: Reply with quote

Jeez, that is one of the most gaulling things I've heard in a long while. I wonder if the 'well known recovery company' dock pay or take disciplinary action against their recovery operatives if they damage a vehicle? It would explain why this to$$pot is getting so angry and aggressive.

If I were you, I'd stick the footage up on Youtube, unlisted for searches, and then email a link to the "well known recovery company' director and see what they have to say for themselves. Once that is done, then you can consider legal action. However, it doesn't hurt to get advice from a solicitor I guess.
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Marmalade
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PostPosted: 09:06 - 13 Apr 2011    Post subject: Reply with quote

MarJay wrote:
If I were you, I'd stick the footage up on Youtube, unlisted for searches, and then email a link to the "well known recovery company' director and see what they have to say for themselves. Once that is done, then you can consider legal action. However, it doesn't hurt to get advice from a solicitor I guess.


That is a top bit of advice.

Mention it being unlisted but one click and the whole world sees it

Good luck
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defblade
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PostPosted: 09:06 - 13 Apr 2011    Post subject: Reply with quote

www.europaconsultants.co.uk might be able to help - well regarded on Pistonheads.
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RichieZX6R
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PostPosted: 09:09 - 13 Apr 2011    Post subject: Reply with quote

sorry to hear about this Sad

why not try citizens advice bureau? they reccommended me a very good solicitor and i got it free due to claiming benefits (that's working tax credits & housing benefit due to a low income before i get "stop taking our tax money and get a job" responses Laughing )
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pinkyfloyd
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PostPosted: 09:12 - 13 Apr 2011    Post subject: Reply with quote

Name and shame. This "well known company" means nothing to the rest of us that might have the same policy.
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Rogerborg
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PostPosted: 10:37 - 13 Apr 2011    Post subject: Reply with quote

You don't need a solicitor for this.

Send the Well Known Recovery Company a "Letter Before Action" by recorded delivery. Include your contact details including a phone number.

You don't need to use legalese, just lay out what happened, tell them that you have video evidence of their contractor admitting causing damage and then lying about it, and that the police attended when he became abusing and threatening.

Include an itemised bill for compensation including your consequent losses, and tell them that unless payment is made in full immediately, you will file a County Court small claim and add the costs of doing so to the amount owing. Note that court filings and evidence are in the public domain.

Then give them a week and file the claim. It's really not that hard, there's plenty of info about it online. You don't need legal representation, you just turn up, explain what happened briefly, show your evidence, and get your verdict. But it won't come to that: they'll cave beforehand.

This is quicker, cheaper and a lot more satisfying than going via a solicitor and not knowing what (if anything) is going on.
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chris-red
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PostPosted: 10:43 - 13 Apr 2011    Post subject: Reply with quote

pinkyfloyd wrote:
Name and shame. This "well known company" means nothing to the rest of us that might have the same policy.


+1 Thumbs Up
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heehaw
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PostPosted: 10:44 - 13 Apr 2011    Post subject: Reply with quote

civvy wrote:
Nai wrote:
Couldn't that be considered a police matter?


I had to call the police on the evening, as the guy was getting very aggressive and threatening to take the bike away unless I signed the paperwork to say it came back in one piece.

Phoned again in the morning though and, although they were very helpful, said that it wasn't a police matter Sad


Did you sign the paperwork saying it was in one piece?
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Livefast123
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PostPosted: 11:31 - 13 Apr 2011    Post subject: Reply with quote

How did he drop the bike as techically it could still be an accident if he was using equipment on his truck to move your bike.
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civvy
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PostPosted: 11:54 - 13 Apr 2011    Post subject: Reply with quote

niallB wrote:
civvy wrote:


I had to call the police on the evening, as the guy was getting very aggressive and threatening to take the bike away unless I signed the paperwork to say it came back in one piece.

Phoned again in the morning though and, although they were very helpful, said that it wasn't a police matter Sad


Did you sign the paperwork saying it was in one piece?


Not a chance. He started unloading it once the police were called. When he left, he said he "doesn't do paperwork" and wouldn't give me anything. (All on video, as is him filling out the original paperwork)

Would rather not name the company until it's all sorted.

Reason I think a solicitor could do a little better than me is simply to get it sorted sooner. I could claim for a hire bike etc after the event, but that still leaves me out of pocket in the mean time until they pay up.
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civvy
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PostPosted: 12:05 - 13 Apr 2011    Post subject: Reply with quote

Livefast123 wrote:
How did he drop the bike as techically it could still be an accident if he was using equipment on his truck to move your bike.


He was called because the engine kept cutting out a few seconds after starting.

He was trying to ride it in this condition on to the back of his truck sideways - not dis-similar to this one, and clearly not meant for bikes.

https://img687.imageshack.us/img687/5482/speclift.th.jpg

Uploaded with ImageShack.us
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Livefast123
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PostPosted: 12:19 - 13 Apr 2011    Post subject: Reply with quote

Then I would say that under the road traffic act the defination of an accident has been met.

Due to the presence of a motor vehicle (yours and his) on a road or public place an accident has occurred causing damage (to your bike) etc

He was riding your bike on the back of his recovery truck and fell off. This is an accident and should be covered by his insurance although it would be better to settle without insurance being involved.
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Martay
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PostPosted: 13:05 - 13 Apr 2011    Post subject: Reply with quote

Ouch Sad
Sounds like he doesnt want to admit causing it as he will have to pay.
+ another 1 for youtubing it (and showing us Very Happy)
+ another 1 for telling us the name

Are you sure theres not a disclaimer in the small print for damages etc?
Ive used RAC for a couple of years, and they contracted all the recovery out to Manchetts, and i never had a problem with them picking up bikes. Was it a 'big well known' company, or was he sub-contracted self employed man-with-van?
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Marmalade
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PostPosted: 13:07 - 13 Apr 2011    Post subject: Reply with quote

civvy wrote:

He was trying to ride it in this condition on to the back of his truck sideways - not dis-similar to this one, and clearly not meant for bikes.

https://img687.imageshack.us/img687/5482/speclift.th.jpg


Spec lifts can be used to carry bikes but should have a tray fitted across the specs to take the wheels and usually have a support bar to strap it to.
Often all this extra kit is lost and they just wing it by dropping the back wheel into the spec and strapping it to whatever.
If the correct equipment wasn't used and you have it on vid that would be another point to you towards claim

https://www.trukuk.com/images/DLDaviescanterTSN25Dscn5533S.jpg
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iooi
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PostPosted: 18:27 - 13 Apr 2011    Post subject: Reply with quote

Why go straght in at the deep end.

Start simple and talk to the company. Raise it upto a manager in the complaints department to start with.

I would not post anything up on the internet as it will straght away set the tone for the dispute and may end up actually harm your chances of getting a swift outcome, as they will get their legals involved to get it brought down.

2nd time we have seen a complaint about a recovery company... Or against one of its contractors.
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Clanger
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PostPosted: 18:34 - 13 Apr 2011    Post subject: Reply with quote

Angel Helphire, they do everything...sort out a solicitor, barrister, the works.
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Rogerborg
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PostPosted: 18:41 - 13 Apr 2011    Post subject: Reply with quote

Get a solicitor involved and they'll happily drag the process out to make more money for themselves. Also, they won't give a stuff about whether you ever actually get any money.

Kick off a small claims action, and you're in control. I've filed one (in the Sheriff Court in Scotland, but it's the same principle in England and Walesland) and it was fairly easy to do, certainly quicker, easier, cheaper and more convenient than dealing with a solicitor.
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Pete.
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PostPosted: 20:16 - 13 Apr 2011    Post subject: Reply with quote

Quote:
I've had my bike dropped by a contractor working for a well known recovery company.


Don't bother contacting the contractor again. Deal with the recovery company - the people you have a contract with to provide you services - , by following Rogerborg's advice. Don't make the video public or send them a copy, until you've had some kind of formal communication.

Basically, you want them to have the chance to deal with the damage before getting solicitors involved. That will get you sorted the quickest because solicitors will cost £200/hr
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27cows
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PostPosted: 20:38 - 13 Apr 2011    Post subject: Reply with quote

Never mind a solicitor, break his fucking legs.
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Marmalade
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PostPosted: 00:43 - 14 Apr 2011    Post subject: Reply with quote

Best way is go for the big ones.

If it's the AA it should be plain sailing, rac are not too bad either.

They'll pay out and roughly abuse the contractor at a later date.

When i was doing recovery there were quite a few monkeys with no clue and would often hear of the AA demanding settlement on damaged vehicles they'd coughed for
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civvy
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PostPosted: 08:52 - 14 Apr 2011    Post subject: Reply with quote

Marmalade wrote:
Best way is go for the big ones.

If it's the AA it should be plain sailing, rac are not too bad either.

They'll pay out and roughly abuse the contractor at a later date.

When i was doing recovery there were quite a few monkeys with no clue and would often hear of the AA demanding settlement on damaged vehicles they'd coughed for


They've said that they won't do anything until he admits that he's caused the damage, which I don't see him volenteering any time soon. My main concern at the moment is being without transport.
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