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NSL Damaged Car, Claims company refusing liability
Mijib
post Wed, 6 Feb 2019 - 12:23
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Hi there folks,

My vehicle was removed and subsequently damaged by NSL, the enforcement contractors for Camden Council. The damage is in the form of a scratch and dent on the driver-side rear quarter panel.

This damage occurred during transit of the vehicle, the removal of the towing apparatus at their pound, or during the storage process; I know this as no damage is apparent in the initial enforcement images:






I will emphasise at this point that this is the only image of the driver-side of the vehicle in the pound; the rest only show the car in situ from the passenger-side:




This is the damage that was found on collection of the vehicle:








This panel was replaced in November by MINI garage, and the photos clearly show no damage prior to removal of the vehicle by Camden Council, or their enforcers, NSL. I followed the correct claims procedure, and forwarded on the time stamped photos to Gallagher Bassett at their request, who are responsible for handling claims for NSL.

I've now been met with this response:

QUOTE
Dear mijib,

We write with reference to the above matter and thank you for the patience you have shown us.

Please note that we have viewed our file of papers but must unfortunately advise that liability is denied in this instance.

Our client is adamant that the damage to your vehicle was not caused whilst in their care and we therefore have no offers to make in settlement of your claim.

The images attached received from our client, along with signed VCR clearly shows the vehicle was left in the same condition as when collected.

In light of the above we have no offers to make in settlement of your claim, our decision to repudiate your claim remains the same.

Whilst we appreciate this is not the answer you are looking for, we hope that you can understand the reasons for our decision. We are duty bound to inform you that you may seek the advice of a Solicitor at any time during the life of this claim.

Yours Sincerely,

XX | Claims Adjuster | Gallagher Bassett


This is the VCR:




Notice that the inspector illustrates 'S' for scratch on both door handles, passenger-side and driver-side. Damage has been illustrated on the passenger-side rear quarter panel, however, no code has been used to indicate what the damage is, and then no notes have been added to 'Damage found on arrival and not on Vehicle Condition Report'. All of the information is so inconsistent, and it's clear from the time-stamped photographs that the vehicle wasn't in the same condition when picked up as it was when they initially towed the vehicle.

Really looking to respond as soon as possible - any help greatly appreciated.

mijib
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post Wed, 6 Feb 2019 - 12:23
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southpaw82
post Wed, 6 Feb 2019 - 14:52
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Respond to what?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Mijib
post Wed, 6 Feb 2019 - 15:09
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Respond to their clear avoidance of responsibility. Maybe not the best choice of wording there - I'm looking to proceed with this claim and I've no idea where to turn to at present so was looking for advice on how to move forward.

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Korting
post Wed, 6 Feb 2019 - 18:52
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Are you a member of the AA or RAC? If so you might want o contact their legal department and see if they can help you.

You could also claim on your insurance and get them to claim back from the contractors. They are more likely to listen to an insurance company than yourself
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notmeatloaf
post Wed, 6 Feb 2019 - 21:27
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The next stage is to read up on the pre action protocols for debt claims. There are plenty of templates for letter before claims on here. Make sure you also send the new information sheet and reply form introduced in 2017


That then gives them 30 days to reply asking for more information, pay, or you can take them to court - small claims can be issued online for a fee.

You have the advantage that if the cost for repair us fairly low then it may be cheaper for them to pay then contest. On the flip side, I imagine a lot of motorists claim damage has occured in less honest circumstances, so they may be adept at defending claims.

Make sure that you claim against NSL directly, not the solicitors who tend to act as a useful arms-length for their client.

This post has been edited by notmeatloaf: Wed, 6 Feb 2019 - 21:28
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southpaw82
post Wed, 6 Feb 2019 - 21:35
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QUOTE (notmeatloaf @ Wed, 6 Feb 2019 - 21:27) *
The next stage is to read up on the pre action protocols for debt claims.

It's not a debt claim.


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Mijib
post Wed, 6 Feb 2019 - 22:03
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QUOTE (Korting @ Wed, 6 Feb 2019 - 18:52) *
Are you a member of the AA or RAC? If so you might want o contact their legal department and see if they can help you.

You could also claim on your insurance and get them to claim back from the contractors. They are more likely to listen to an insurance company than yourself


Thanks for this - I'll follow up with my insurance company and their legal team initially as this is covered in my policy. I'd previously gone down this route, however, didn't want to claim as it's for NSL to cover the damage to my vehicle - hopefully they can proceed with the correspondence with NSL / Gallagher Bassett.

Also thanks 'notmeatloaf' - not a debt claim as such yet. But appreciate your constructive comment regardless.
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southpaw82
post Wed, 6 Feb 2019 - 22:13
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It’ll never be a debt claim as there is no debt. It’s a claim in negligence or trespass.


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Mijib
post Wed, 6 Feb 2019 - 22:36
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No idea where a claim in 'tresspass' would come in to the equation but thank you southpaw82. It's a damage claim I'm looking to pursue; any help is greatly appreciated with how best to proceed in regards to the original post.
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southpaw82
post Wed, 6 Feb 2019 - 22:45
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Trespass to goods under the Torts (Interference With Goods) Act 1977.


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Mijib
post Wed, 6 Feb 2019 - 23:04
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QUOTE (southpaw82 @ Wed, 6 Feb 2019 - 22:45) *
Trespass to goods under the Torts (Interference With Goods) Act 1977.


Just to clarify - the damage to goods, in this instance the vehicle, amounts to tresspass of the owners goods even though the initial removal has been authorised by enforcement authority? Thanks for the reference for the Act.
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cp8759
post Thu, 7 Feb 2019 - 00:14
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IMO the claim would be for negligence, or specifically "negligence so far at it results in damage to goods" to use the wording of the Act. The vehicle was lawfully removed but the removal was executed without the necessary care.


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notmeatloaf
post Fri, 8 Feb 2019 - 23:43
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Sorry quite right not debts. Long week.
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