Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default civil claim for non accident

    Hi,
    Having a little problem with a car "accident" I wasn't involved in.

    Basically, I was pulling out of a parking space a few months ago, and another car, driven by an old man, came round the blind corner at some speed. I braked quickly and the car shot across in front of me and stopped. When he got out he claimed I had hit him, but I know I didn't as I had stopped before he had reached my car. There is not even a scratch on my car.

    We exchanged details, and went on our separate ways, but I didn't admit liability and told him I would let the insurance companies wrangle it out.

    My insurers have said that they will not be paying out to him for his damage due to my statement that I had not hit him and lack of evidence/damage on my vehicle.

    Now I am being taken to court for the damage to his car by his insurers and they are saying that they have a witness statement from someone who apparently saw what happened.

    Any advice as to where to go next would be appreciated. Can I send them a CPR request to get the evidence they say they have?

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    Default Re: civil claim for non accident

    No need, the judge will give directions to that effect about supplying evidence to one another and the courts. As a rule, surprises are not allowed at the hearing and if they tried to spring something which they knew they had and didn't supply it ahead, the judge would take a very dim view and could even possibly refuse to admit it.

    Apologies to people who I was in the process of helping, I may be gone some time.

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    Default Re: civil claim for non accident

    I used to work for Direct Line in there technical claims department so I know a little about this situation.

    If there is a valid certificate of insurance in place under RTA an insurance company cannot seek money from a privet individual. I would advise you to speak to your insurance company and send all the details to them.

    It is then up to your insurance company to investigate and defend any action. You pay them to indemnify you against such matters and they have a legal obligation to do so.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE