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  1. #1
    ~Marigold~'s Avatar
    ~Marigold~ is offline You make me happy, when skies are grey
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    Default Anyone know much about intervention orders? Long story..

    Long story...

    Someone ran up the back of me whilst I was stopped at boomgates. She claimed she had a coughing fit, we swapped info and that was that, accidents happen, no biggie.
    So I get a quote for my damage and call the woman and ask her if she'd like us to provide a second quote, in case I can get it slightly cheaper for her (she has no insurance) and she says yes, get another quote, so I do.
    I go to her house to give her a copy of the quotes but even though there are several cars parked outside her house and windows are open, no one answers.. so I leave the quotes in an envelope on her security door and leave. Days pass and I hear nothing from her, so I text and ask if she got them, she responds "yes, will let you know what my husband says"... OK... so I wait.
    Weeks pass and I try calling her numerous times, text her etc, she doesn't reply. My texts are all very nice and polite, just asking simply if she can let me know which quote she wants to go with as I need to have my car fixed ASAP (there is significant structural damage and not at all safe to put my baby in the back while it's damaged as there's very little protection in case of impact).
    So my DH calls her as the car is in his name anyway. They have a chat about the car and DH is very understanding, very polite and it seems to be a normal convo, she claims she hasn't got the money and needs to save up some cash, DH says "yeah that's absolutely fine, just keep in touch with us so we know what's going on' (as I sid she has been very hard to make contact with). She even asked for a THIRD quote and even though legally we are only required to provide one single quote, we get her a third and final quote.
    Anyway, half an hour later DH gets a phone call and it's this woman's husband... he doesn't even say hello or anything like that, he starts screaming at DH saying "You called my wife? You must think I'm an effing donkey, I'm not paying you a cent! All you need is a $4 can of spray paint!" and hangs up before DH gets a single word in.
    So we go straight the police station to report the whole incident but they say they can't do anything as it's a civil matter.
    So we contact lawyers and leave it in their hands. Fast forward a month and the lawyers are reporting that they too are having difficulty getting a reply from these people and after all of this I'm told that if they don't reply within 7 days to a final letter of demand we can start legal proceedings; but this can take up to 12 months and will cost me an arm and a leg and i the end they might offer to pay me in dribs and drabs. So I'm left feeling hugely p!ssed off ad basically tell DH there's nothing we can do. Plus I'm out pocket $100 in legal fees.

    DH is fuming at this news and decides to go their house to talk to this husband face to face (not for a fight, just to find out why they refuse to pay!)

    So he comes home and says "I met the husband" and basically DH had demaded to know why they think it's OK to drive up the back of somones car and refuse to pay for the damage. The man provides no answers but tries to say that I never produced my license at the scene (this is true, even though I gave her my number I didn't actually fish out my license and she didn't ask.. I had just been slammed into, was rattled and was holding a screaming DD so yeah, I forgot) but I have a valid license and it's no reason why they shouldn't pay for my car damage, it's just a p!ss poor excuse that has never been brought up in any of our previous conversations with the wife.
    DH said that the husband immediately took out his mobile phone and called someone and said "you better get down here, I've got someone here" refering to DH. DH tells the guy to look at the damage on the car etc.. I guess they exchange words, but no threats were made. DH eventually left with this guy screaming after him "go get your boys and I'll bring my boys"...
    An obvious moron.

    Next day the lawyers call and say that they have finally made contact and these people have agreed to pay for the damage in 3 payments; it's the best offer we're going to get, so we agree.

    A week later, DH gets a call from the police- the wife has requested a restraining order against DH for "harrassment"!
    After explaining our side of the story the police are very understanding but we still have go to court to defend ourselves against this crazy accusation.

    So, my question is... does anybody have experience with restraining orders? Based on these circumstances is this loony lady likely to win?
    And can I bring our 9 month old into the court room? I have no one to leave her with.
    Last edited by ~Marigold~; 08-05-2013 at 12:20.

  2. #2
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    I have no idea tbh but you did say you guys were already in the process of legal action to recover the costs but then your DH still went over so I'm not sure it maybe deemed harrassment due to that fact alone

    Best if luck though and with your DD I don't see why you wouldn't be allowed to bring her in but then again I have no real proof of that


    Me (21) DH (25) DS (4) DD (2)
    Sent from a magical mobile bubhub device in a galaxy far far away

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    If an IO is granted, the conditions are likely to be not to contact her directly or indirectly and not to be within x amount of metres of her house, so if you're going through a solicitor re: the collision then its no biggie really. You can take your LO to court.

    They sound like they're trying to pul a fast one to get out of paying. Do you have insurance? Might be easer just Togo through them. Its the main reason I'd always have comprehensive insurance. I think 3rd party damage cover should be mandatory.

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  6. #4
    ~Marigold~'s Avatar
    ~Marigold~ is offline You make me happy, when skies are grey
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    Quote Originally Posted by MonsterMoosMum View Post
    I have no idea tbh but you did say you guys were already in the process of legal action to recover the costs but then your DH still went over so I'm not sure it maybe deemed harrassment due to that fact aloneBest if luck though and with your DD I don't see why you wouldn't be allowed to bring her in but then again I have no real proof of thatMe (21) DH (25) DS (4) DD (2)Sent from a magical mobile bubhub device in a galaxy far far away
    Maybe. But DH only went there out of desperation after the lawyers failed to get any response out of them. True they still had a couple days left to respond to the 7 days final notice, but after everything we were pretty sure they had no intention of doing so.
    Last edited by ~Marigold~; 08-05-2013 at 13:00.

  7. #5
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    LifeInShadesOfGrey is offline Just a little bit silly :)
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    Quote Originally Posted by Zanzibar View Post
    If an IO is granted, the conditions are likely to be not to contact her directly or indirectly and not to be within x amount of metres of her house, so if you're going through a solicitor re: the collision then its no biggie really. You can take your LO to court.

    They sound like they're trying to pul a fast one to get out of paying. Do you have insurance? Might be easer just Togo through them. Its the main reason I'd always have comprehensive insurance. I think 3rd party damage cover should be mandatory.
    I agree, if you have full comp then claim on your own insurance. They are certainly planning on pulling a fast one and its ridiculous that for you to get help you have to jump through hoops.

    But if you need the car fixed then i would claim on your own insurance for now.

    I have no idea about the restraining order but the fact they are mucking you around and speaking poorly too you will reflect badly on them.

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    Do you have insurance? Because you could have just claimed it and then they recover the money themselves from the third party and refund your excess. Just a tip for if it ever happens again.

    I think they are just drawing out the process and being as difficult as they can.

    Sorry about the huge drama! Your poor DD being in the car too

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  11. #7
    ~Marigold~'s Avatar
    ~Marigold~ is offline You make me happy, when skies are grey
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    They are paying us now, in 3 payments through our lawyers.

    Funny that it took DH going there to get that to happen. The very next day they alled the lawyers and said they would pay. I guess they realised we weren't push overs.

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    Quote Originally Posted by Zanzibar View Post
    They sound like they're trying to pul a fast one to get out of paying. Do you have insurance? Might be easer just Togo through them. Its the main reason I'd always have comprehensive insurance. I think 3rd party damage cover should be mandatory.
    I'm pretty sure you can claim a "not at fault" on comprehensive insurance (also for stuff like someone hits your parked car and doesn't leave a note etc) and the insurance company chases up the at fault driver. There's also something for if the other driver is unlicensed/uninsured etc.

    Definitely agree about third party insurance being made mandatory. Can't afford insurance, you can't afford to be on the road.

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  14. #9
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    LifeInShadesOfGrey is offline Just a little bit silly :)
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    Glad to hear they are paying you. Hopefully they actually do so.

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