Help With Motor Claim

[silverdel]

Hi Mossy, I had a telephone call from Sga today, informing me that Saga has now withdrawn the offer of 50/50 with Cunninghams and have passed the case to theit own solicitors to pursue, it seems that the letter to Saga and Cunninghams have got the ball rolling.
Thanks for your help, I will keep you up to date.

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[Mossycat]

No problem, thanks for the update.

Keep us posted. and Good Luck

Mossy

[silverdel]

Mossy, It was on the 19th October that I sent a letter to Cunninghams and still had no reply, what do i next, if it is as you suggested court action, can you give me some pointers ie, what forms do i need how to complete them etc.
Thanks

DB

[silverdel]

I have now issued a County Court Claim against Cunningham and Lindsey

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Mossycat]

The claim should be against Biffa, not Cunningham Lindsay.


Mossy

[silverdel]

Hi Mossy, Had the paperwork back from the court informing me that the documents were served on the 29/11/2008 and that Biffa has until the 14/12/2008 to enter a defence or pay up.

Is there anything else i need to do?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Mossycat]

Nope, now you wait.

Keep a note of that date, if they fail to enter a defence by that date go to the Court and ask for a judgement by default (that means you win because they didn't file a defence), if they do enter a defence then it goes to Court, if that happens post back and we will give you a few pointers about what to do etc.

Mossy

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[silverdel]

Hi, Today received a letter from a firm of solicitors who are acting on behalf of BIFFA, it states that they intend to defend all of the claim and that the defence is now due on the 23/12/2008.
What do I do now?
If it is heard in court can I get it heard in my local court?
In other words HELP!!!!!!!!!!!!!!!!

[silverdel]

Is any one who can tell me what my next course of action should be? What do i need to do? Am I about to be going to court risking heavy costs?

[Helford]

First of all, don't worry!

This is, I presume, a small claims court claim, so you are not liable for the 'other sides'' court costs. Further, you are a litigant in person, so you can have a claim heard at your local County Court. Did you file online? If so, Northampton County Court (The central 'clearing court' will transfer to your local Court, Taunton?

Sit it out!, they may well settle.

H

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[silverdel]

Received today the defence document that states that they deny liability, what do i need to do now,? As the case was logged on line via northampton , i presume the case will be transfered to taunton, what time scale have i got to prepare the case against Bifffa, what documents do i need to send to court and the solicitors acting for Biffa
Any help will be appreciated

I posted this a few days ago, is anyone able to help me out????

[silverdel]

Any one out there willing to offer some advice for the above??

[Mossycat]

A Court date will be set, it is usual for this to be in the Court local to the plaintiff (ie you).

Prior to that you will receive instructions about discovery, that is where each party sends to the other a list of any documents they intend to present in Court.

What you need to do now is prepare a written version of the accident that states what happened and why you think the other party is liable, on the day you will read this out. This details your case so make it as factual as possible.

Because they are denying liability you will need to have a list of questions ready to ask the other party when they deny liability, these questions will help your case.

Finally have a summation which details concisely why they are liable.

The registrar will at the end of the hearing make a decision based on what was said in Court.

Mossy

[silverdel]

Originally Posted by Mossycat

A Court date will be set, it is usual for this to be in the Court local to the plaintiff (ie you).

Prior to that you will receive instructions about discovery, that is where each party sends to the other a list of any documents they intend to present in Court.

What you need to do now is prepare a written version of the accident that states what happened and why you think the other party is liable, on the day you will read this out. This details your case so make it as factual as possible.

Because they are denying liability you will need to have a list of questions ready to ask the other party when they deny liability, these questions will help your case.

Finally have a summation which details concisely why they are liable.

The registrar will at the end of the hearing make a decision based on what was said in Court.

Mossy

Thanks for posting Mossy, would I need to get a detailed letter from the repairers stating that the damage was consistant with that of being caused by the glass?
Do i have to attend court?
is it not possible to have it dealt with in my absence?
As always your advice will be appreciated.

[Mossycat]

Originally Posted by silverdel

Thanks for posting Mossy, would I need to get a detailed letter from the repairers stating that the damage was consistant with that of being caused by the glass?
Do i have to attend court?
is it not possible to have it dealt with in my absence?
As always your advice will be appreciated.

Yes a detailed letter like that would strengthen your case, remember it is up to you to prove that they caused the damage, so this will help do that.

Yes you have to attend, somebody needs to state your case and the best person to do that is you.

I cannot see how it would be possibole to deal with it in your absence, well yes I can actually, the other side would win because nobody would be there to state your case.

Don't worry it's County Court NOT a Criminal Court, go along, state your case tell the truth and hope the registrar agrees that they are liable.

Mossy

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[silverdel]

This is a final update on the case, had a cheque in full settlement including costs etc on Thursday 5 days before we went to court.******************* VICTORY!!!!!!!*********** ***
Thanks for the help, especialy MOSSYCAT

[Helford]

Congratulations!

To the victor the spoils!

Feels good, doesn't it?

Siverdel 1, Corporate Monster of Biffa 0

[silverdel]

Thanks again

[Mossycat]

Originally Posted by silverdel

This is a final update on the case, had a cheque in full settlement including costs etc on Thursday 5 days before we went to court.******************* VICTORY!!!!!!!*********** ***
Thanks for the help, especialy MOSSYCAT

Yayyyyyyyyyyyyyyyy

RESULT!!!!!!!!!!!!!!

Excellent news and thanks for posting the update

Mossy