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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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low back pain- pre existing condition??


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Hi all

Can anybody help me with this

 

How can I explain the insurance that even if I had before low back pain is not a pr eexisting condition for a claim injury by accident (heavy lifting).

I am claiming for days in hospital . We all have back pain all for different reasons and in different parts of your low back and different type of pain.

Thanks

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Guest louis wu

I'm slightly unsure what you mean. Are your looking to make a claim for a back injury, and the insurance company are stating it's a pre-existing condition?

 

If so, I don't think it's for you to prove, I believe it will be up to the medical experts, with copies of your relevant medical history, to make that judgement.

 

louis

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I looked at this last night and shyed away from replying cos I don't want to be too negative but I need to know certain details before I can answer fully.

 

Have you have EVER seen your doctor about lower back pain? If so your insurer will claim total moratorium i.e you have suffered it before and they will exclude any recurrence.

 

The insurer will ask for a medical report from your GP, which you will have consented to by signing forms from the insurance company.

 

SO - questions I need answered.

 

Have you ever seen your GP or been treated for low back pain

 

Do you have a pre-existing back complaint for which you have not been treated

 

You claim "heavy lifting". What was the maximum weight you were expected to lift unassisted? I'm asking this as there are limits under Health and Safety regulations but I'm not about to lead you

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Guest louis wu
Have you have EVER seen your doctor about lower back pain? If so your insurer will claim total moratorium i.e you have suffered it before and they will exclude any recurrence.

 

Don't just assume that. It is possible to have unrelated injuries, skeletal apposed to muscular are an obvious example.

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I agree Louis but undefined back pain is one of the most common excuses for not going to work. I'm not suggesting that estela is one of those but any visit to the GP with a dodgy back might provoke an insurer into refusing a future claim as the GP would be obliged to disclose it.

 

Most skeletal injuries or defects are clearly defined these days by X-Ray or MRI. The same is not true of muscular defects and bear in mind that back pain can also be due to other causes (kidney stones, gall stones etc).

 

Any previous visit to the GP with an undefined back ache will almost certainly result in an insurer refusing a claim if the visit took plice prior to the inception of the policy.

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Guest louis wu

Very true, and backs are very difficult to exactly diagnose.....very useful for those looking for some time off work (the 'I've got back pain' line), but can be used against you by the insurance companies.

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