Came close to losing a luton

[FredTransit]

Yeai I know. I was there when it was formed. I am no longer a member. Nuff said.

[Danblez]

Have you got legal expenses cover with your insurance?

[FredTransit]

Not sure. The loss adjuster is finding out

[dave21478]

Posting on the internet is doing you absolutely nothing whatsoever. Also, if things get legally messy, posting on the internet may end up counting against you.

 

You need to have proper legal advice.

 

I will say that again, just to make it 100% clear....

 

You need to have proper legal advice.

 

Do you have a solicitor acting on your behalf?  Thats a Yes or No question, and if the answer is no you need to pick up the yellow pages and find some local to you. Visit them in person and find out if they can help you.

 

Owners clubs are almost certain to be no use to you, and to be blunt pretty much anyone who is NOT an actual lawyer with actual legal experience who will bill you for their time is of no use to you. If you want to take on the Royal Automobile Club legal team in court, then "some people on the internet said..." isnt going to cut it.

 

Its been three weeks since this happened now. Frankly the trail is going cold. Had you engaged proper legal advice on day two, this would probably be wrapped up and forgotten by now.

[FredTransit]

I completely disagree. The first time this was on the internet was the night it happened. Everything I have said has been fact. I have had one call made to me from my incident manager (though I have made countless calls to the RAC). Now I have made my case known on the internet, I have had one call and two emails since posting, and of course one from my insurance company. I really do believe if I just went off and sat in a corner the RAC would look forward to my going away with little better than an apology. No I dont currently have a solicitor, that doesnt mean I am not going to keep fighting. What else do you expect me to do?

[dave21478]

I expect you to get a bloody solicitor!

 

 

The morally right thing for them to do is to pay for repairs with no hassle. They wont. They CANT. Why? because as soon as they start doing that, the business is finished. Every Thomas, Richard and Harriot who has used them will take the piss. "when I had my battery jump started three weeks ago your man scratched the grill, I want a respray."

They HAVE to make it a hard, complicated process to get compensation to discourage the piss-takers. If anyone could fill out a few forms and maybe represent themselves in a small claims trail against them and get what they wanted, the company would be bust by the end of the week. having a long process and requiring a solicitor weeds out the chancers - Thats why they are not going to pay you without a fight. Thats why you need legal advice.

 

Back to your particular case - it doesnt matter one jot what you have written and whether its fact or whatever - Its a waste of time - aside from telling us about it, you achieve nothing and there is always the chance you might trip yourself up and say something you shouldnt have said. Since you dont have legal training you dont know what this might even be until its too late. If you had spent the time and energy you have put into your posts on this thread into finding a solicitor - someone who knows what they are doing, someone who knows how to proceed in the legally correct manner, someone who is paid to get results for you, then this would be resolved by now.

 

Yet here we are three weeks later and you dont even know if you have free legal cover with your insurance.

[Richard]

When I suggested owners clubs etc I meant they might offer some kind of legal insurance, i.e. pick up the tab for proper representation, I wasn't suggesting that they could help directly.

[Cheggers]

I have to agree with Dave, there's a bunch of practical stuff you could/ should have been doing over the last few weeks, but apparently haven't.

 

The longer you spend complaining on a web forum rather than engaging a professional to fight your corner, the more you come across to the RAC as someone who isn't really that bothered.

 

This isn't an eBay "messer" you're dealing with, it's a major corporate with a large, well paid and very efficient legal department - Without professional representation you don't stand a chance. Best case, they'll fob you off with a minimal ex-gratia payment. Worst case, they'll have their day in court and tear you limb from limb (and don't feel you're "safe" just because you're morally right...).

 

Please, please find out if you have legal cover and consult a solicitor. You've already lost 3 weeks.

[FredTransit]

Unbelievably I thought that, as I had nothing to do with the loading or operation of the recovery truck, I cant take any of the blame. So what part of the above will lead to my being 'taken apart' in court? Seriously.

[dave21478]

If you try to take them to court on your own they will take your case apart and you will get nothing.

[scruff]

All that advice - and you pick up on that...!!

[Cheggers]

A lot of what you've written on here could be construed as defamation. Trust me, if they really wanted to they'd have a field day with it. It's not about whether you're to blame for the accident, it's about defining and proving who actually is.

 

Legal history is littered with the morally right but badly advised.

[garbaldy]

Have you got the van fixed yet or is the garage still keeping you waiting as well.

[dave21478]

Received from FredTransit - A private message clarifying a point in one of her posts.

 

Sent to FredTransit - A reply stating further advice and thoughts on the situation.

 

Received from FredTransit - A mardy, insulting reply.

 

 

 

Aaand for that reason aahm oot.

 

 

Good luck. With that attitude you are sure as fuck going to need it.

[Cheggers]

The frustrating thing is that Fred actually appears to be on very solid ground legally.

[trigger]

I'm surprised that you haven't looked into finding out whether you have legal cover or not, that would have been the first thing I'd done.

[dollywobbler]

Incorrect assumption number one. Truth is all you need to win a case. It really isn't so don't get mardy when folk offer very reasonable suggestions.

[Cavcraft]

I can well imagine it's hard to stay rational in the face of something like this, but, Fred, you HAVE to realise people are trying to help, and stop taking things personally. 

It's no good flying off the handle with people on here, honestly not trying to patronise you but if you see a reply on here you don't like, just log off the thread for a few hours or a day or something, then read it again or better still ignore it. I honestly don't think anyone is having a go at you here, I truly don't, but you're not helping by flying off the handle.

[drum]

Firstly, like almost everyone else on here, I'm not a lawyer.

 

If this C&S lot are pursuing Fred's insurance company for payment, surely it's Fred's insurance company that need a lawyer. I would imagine they have one.

[alf892]

From my direct experience those free legal cover people are worth what you pay for them.....they are in the same cosy club with the insurance companies and have economy as their goal and not your best interest. and by accepting it you are usually tied to accepting their view. The free legal advice given on here is better.

 

This is why you should do what everyone else has said......get paid for legal advice

[Cheggers]

Firstly, like almost everyone else on here, I'm not a lawyer.

 

If this C&S lot are pursuing Fred's insurance company for payment, surely it's Fred's insurance company that need a lawyer. I would imagine they have one.

True, but the insurance company (and their lawyers) aren't working in Fred's best interests, they're protecting themselves. It wouldn't exactly be out-of-character for them to try to hang Fred out to dry. If there's even a whiff of Fred's van being unroadworthy or overloaded they'll run away as fast as their little legs will carry them.

[STUNO]

Take a step back everyone !

It seems that at this stage C&S,RAC and insurance companies are having a bit of a barney. Fred is being kept a bit informed by someone. Nothing has actually happened yet other than the internet going off with lots of ill-informed talk by people who have opinions and not knowledge. That does NOT include those on here who strangely are pretty sensible.

Fred, Dave was trying to help, Corsaviors' post a few back was sage advice.

Time for drinks all round.

[Cheggers]

pretty sensible.

It won't last

[FredTransit]

Firstly I do thìnk I have the right to get pissed off/upset/outraged/defensive with whats happened. Read the thread title again. It might give you a clue as to what I am going through. I was not looking for legal advise here. Now the facts

 

10.30 ish wheelbaring goes RAC called.

 

11.30 patrolman arrives. Confirms fault

 

14.00 ish first truck arrives. Driver announces the van is too big for his 7.5 tonner. Says he will call for another truck. Drives off.

 

16.30 I find theres still no truck. RAC tell me the first driver has cancelled the job. We were not told. Another truck is sent.

 

22.00 second truck arrives. Another 7.5 tonner. Driver asks what the fault was and is told. Does not look at the van in any way. Asked if its loaded but does not look in the back. During loading the van leans dangerously over the pavement spilling petrol over the truck, road and pavement

 

22.17 I call 999 for the fire brigade as the C&S driver has called a full lift hiab and I am terrified of how they intend to use it

 

00.30 the brigade have righted the truck bed using a very slow winch.

 

01.00 another truck arrives. A 12 tonner. The van is loaded an is now leaning badly over the N/S of the truck. I travel with the van to S London to where it will be repaired. Another patrolman escorts the truck with the beacons on. Its a slow trip.

 

03.00 the van is unloaded.

 

04.00 we get to bed.

I dont sleep. I havent had a nights sleep since this happened. So forgive me if I am mardy. My life appears to be going down the toilet. Oh and we took out the insurance a week before this happened so again forgive me if I havent examined the policy yet.

[dave21478]

Im happy to admit that I am a total dick, but I am not a complete cunt - so lets have another bash at this.

 

You have all the right to be pissed off with whats happened, but no right to mump at people taking time out of their busy tuesday nights of eating Pringles and watching youtube videos to post advice that WILL help you.

 

Lets keep things short for the sake of brevity here. Ten words or less.....

 

1 - what solution do you want to the van situation?

 

2 - Are you honestly, hand on heart psychologically affected by what happened? Is the insomnia a direct result?

 

3 - have you seen a medical professional about this?

[FredTransit]

Thanks, but no comment on the rest. Lets leave it.

[Cheggers]

I've had 5 goes at penning a response, but will settle for "+1" to Dave. Point 1 is especially relevant. What's happened has happened and can't be changed - What do you actually want to happen now?

 

 

EDIT: Post crossed with Fred's, so I'll sign off with a "whatever, not my problem"

[dave21478]

...

EDIT: Post crossed with Fred's, so I'll sign off with a "whatever, not my problem"

 

Yeah - you and me both.

 

 

fred - I wish you luck, but I am going to call it right now - without more effort and a change in attitude, you will get nothing. RAC will fob you off until you give up, and if you are not careful the insurance claim against you could drag on for weeks, months or even years which will cost you your NCB in the meantime.

Which is a shame for you because this is a pretty open-and-shut case. However it will require work from you as I can promise you right now that the RAC fairy isnt just going to turn up with a cheque....

[dave21478]

Someone best apply some of this

in case it rattles open again.

[HillmanImp]

No reason but I had just been watching this for the first time in about 10 yrs and thought it might help.  

 

http://www.rathergood.com/spoonguard