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Hi guys,
I am new to the forum so apologies if this is in the wrong place. My fiance has been informed that a garage wishes to make a further claim against her after they "settled" the claim 4 years ago.
Basically I took her car to a garage 5 years ago for an MOT, it was a 10 year old Renault Clio, I worked in a nearby unit and knew the mechanic so thought it would be best to use him. He came to me a few days later, handed me the keys and told me the bill was just over £1,000 (the car wasn't even worth that much). We later disputed the amount with him and he started threatening me saying my door would be off the hinges etc if we didnt pay and that we needed to take out a loan to cover it. He ended up taking my fiance to the county court and due to an error in paperwork received a judgement in default which she subsequently got set aside.
The case was assigned to the small claims track and a few weeks later she received a letter saying the garage had not paid the court fee and had 14 days to do so or the claim would be struck out. Around a week later she received another letter which read "We have had confirmation from the claimant that the matter is now settled. We hope this is to your satisfaction". She assumed that the garage saw sense and cut their losses.
Over the subsequent few years she has basically been harassed by this man and his wife, ringing her and sending letters to her work, visiting her parents house and passing it to every debt recovery company they can find.
She has sent the paperwork she has saying it is settled etc to these companies but they have not listened and she keeps getting texts that debt collectors are going to visit her home or work etc. The police even wrote him a cease and desist letter which has not deterred him in the slightest.
She never would of authorised any of the work to be done and would of scrapped the car. She received a letter today which was a letter before action, saying she is getting taken to the county court again. There is no new evidence everything is on the same set of facts as it was 5 years ago. Is there any way to get the claim struck out when it was made or does it have to go all the way to a hearing months down the line? also is there no CPR against just bringing a second claim when you said the first was settled?
The whole situation is so stressful and confusing. On a side note thank you to everyone on this forum for giving your time and knowledge to people in need for free, you are all amazing!
I am new to the forum so apologies if this is in the wrong place. My fiance has been informed that a garage wishes to make a further claim against her after they "settled" the claim 4 years ago.
Basically I took her car to a garage 5 years ago for an MOT, it was a 10 year old Renault Clio, I worked in a nearby unit and knew the mechanic so thought it would be best to use him. He came to me a few days later, handed me the keys and told me the bill was just over £1,000 (the car wasn't even worth that much). We later disputed the amount with him and he started threatening me saying my door would be off the hinges etc if we didnt pay and that we needed to take out a loan to cover it. He ended up taking my fiance to the county court and due to an error in paperwork received a judgement in default which she subsequently got set aside.
The case was assigned to the small claims track and a few weeks later she received a letter saying the garage had not paid the court fee and had 14 days to do so or the claim would be struck out. Around a week later she received another letter which read "We have had confirmation from the claimant that the matter is now settled. We hope this is to your satisfaction". She assumed that the garage saw sense and cut their losses.
Over the subsequent few years she has basically been harassed by this man and his wife, ringing her and sending letters to her work, visiting her parents house and passing it to every debt recovery company they can find.
She has sent the paperwork she has saying it is settled etc to these companies but they have not listened and she keeps getting texts that debt collectors are going to visit her home or work etc. The police even wrote him a cease and desist letter which has not deterred him in the slightest.
She never would of authorised any of the work to be done and would of scrapped the car. She received a letter today which was a letter before action, saying she is getting taken to the county court again. There is no new evidence everything is on the same set of facts as it was 5 years ago. Is there any way to get the claim struck out when it was made or does it have to go all the way to a hearing months down the line? also is there no CPR against just bringing a second claim when you said the first was settled?
The whole situation is so stressful and confusing. On a side note thank you to everyone on this forum for giving your time and knowledge to people in need for free, you are all amazing!
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