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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Make a complaint in writing stating that Minster law are not fulfilling the contract and provide details of what they are not doing.

 

If they are not honouring the contract, then you do have to allow them reasonable opportunity to remedy the situation, before you give up and deal with MIB directly. Otherwise you risk more hassle.

We could do with some help from you.

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I spoke to Minster Law about two weeks ago and they said they would pass the info on to the MIb and get back to me. I have still not heard anything. Have chased them at the beginning of the week and still nothing. They don't even reply to me.

 

Initially they said they disclosed my information with medical report on the 20th of April and the MIB had 6 weeks to respond, so basically until the 8th of June but of course they were meant to have passed the insurance details on to the MIB two weeks ago which may have thrown a spanner in the works.

So at the moment I am still in the dark about what is going on as Minster Law is not responding to my enquiries.

 

I am reluctant to phone the MIB direct and sort it out as I am paying Minster Law 25% of my comp to do this for me. But I think they are doing very little for 25% share. I have a feeling at the moment they are actually doing nothing at all and not following this up and just sit and wait for the MIB to contact them at some point.

As I am not getting any joy from Minster Law and I may have to phone the MIB myself, but don't want to get pushed into doing Minster Laws job for them and still have them deduct 25% of the settlement figure.

 

Annoying...

Don't send emails that can sit in the file handler's inbox and be ignored. Call them and speak to the file handler directly.

 

Minster Law are probably just waiting to hearin back from the MIB and they have nothing to update you with hence the lack of updates.

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I have spoken to them on the phone two weeks ago as they didn't respond to e-mails.

But haven't heard anything from them again after that. (They said they had received my e-mails but were too busy to respond or deal with them so all they did was allocate the e-mails to the case for later review)

I am worried that they do the same with enquiries that come in over the phone, i.e. shelf them until someone gets time to look at it. If they are too busy to deal with e-mail enquiries relating to ongoing cases the risk is they do the same with telephone calls.

So I am a bit concerned that they haven't done anything yet with the information I gave them.

 

Although I appreciate they are not real solicitors but just claims processors I am dealing with, for 25% share / fee I would still expect them to drive a case pro-actively rather than just react (or not) to client enquiries as and when they come in.

 

I probably should have read their reviews online before appointing them...seems I am not the only one who has to chase all the information with them and gets no response at all.

Their google reviews are shocking. But on the other hand clients that were happy are less likely to trouble themselves with writing a review on the internet, it is more likely to be unhappy clients that do this, so that's probably why the reviews read like one horror story after the next.

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To my mind Phantom, you are allowing this to go on too long. You started this before Christmas last year and are still no further on or nearer to resolution. You need to take this in hand yourself and issue demands to the guilty and file a court suite in 14 days if nothing happens.

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Depends on the nature of the accident and what is being claimed for. Some claims go on for years. Sometimes it is not possible to force the issue to be dealt with by the courts, as quickly as you would want.

We could do with some help from you.

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I think overall my case is only small fry for the MIB, the claim is for just over £2000.- including the damage to my car.

It should also be pretty straight forward or so I thought.

According to Minster Law the MIB has 6 weeks to respond to the claim, which was submitted 20.04.

So they are still within that time frame, I am only concerned that the appearance of an insurance company will complicate things.

So I am itching to phone the MIB and check what is going on and what implications (if any) this has, but as said above I think Minster Law should be the one doing this and they don't appear to be doing an awful lot at the moment....

In my ideal world Minster Law should have phoned the MIB tow weeks ago and discussed this with them and then give me appropriate feedback. That is what I would really expect for 25% fee, but I am probably a bit deluded. That is not how business and customer service works these days.

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OK, Minster got back to me now.

 

Apparently they have had a reply from both the insurers and the MIB.

 

The insurers requesting further information in regards the accident location, third party vehicle and police details which Minster Law apparently provided them with.

 

The MIB apparently have advised Minster Law they would make further enquiries with the third party insurers and update accordingly. In the meantime, they have requested documentation in support of the damage to my vehicle. Could I please provide any photographs I may have of the damage to my vehicle and advise if any repairs have been completed and if so, who completed the repairs?

 

This of course being the most ridiculous thing, as Minster Law has got the receipt for the repairs and I would have thought has sent this to the MIB with the rest of the paperwork at the time. Part of the claim is the time I was without the car whilst it was being repaired. I filled all those forms out and Minster law has had all that information since February. Now I am being asked for that information again plus pictures of the damage nobody ever asked for before. They are asking for that almost six months after the car was repaired.

You couldn't make it up.

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  • 2 months later...

Latest update : there isn´t one.

Minster Law told me the insurance commpany had three months to investigate and declare their stand on liability.

Now almost 4 months later still nothing. No response from Minster Law or anybody else.

Have unsuccessfully chased Minster Law on the issue three times since their last update.

I can`t believe this. It is turning into a complete joke.

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Latest update : there isn´t one.

Minster Law told me the insurance commpany had three months to investigate and declare their stand on liability.

Now almost 4 months later still nothing. No response from Minster Law or anybody else.

Have unsuccessfully chased Minster Law on the issue three times since their last update.

I can`t believe this. It is turning into a complete joke.

 

Switch solicitors if you are unhappy.

 

Other than that, the MIB are a law unto themselves so you'll just have to wait it out.

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The MIB apparently have advised Minster Law they would make further enquiries with the third party insurers ...

 

 

If this is an uninsured driver, how can they make further enquiries to his insurer. You're being taken for a ride.

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If this is an uninsured driver, how can they make further enquiries to his insurer. You're being taken for a ride.

 

 

They're probably trying to see if there's an "Article 75" Insurer, if there is then they'll pass it over to that Insurer to handle and settle the claim

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Yes, it was to establish liability as an article 75 insurer.

Apparently they have 12 weeks to respond and advise their stance on liability.

It has been over that, almost 4 now and still nothing.

 

The thing is, the registered keeper told the police he didn't drive the car and doesn't know who did.

He scrapped the car after the accident.

 

So I am wondering what takes so long now ?

He can hardly change his story now (i.e. one fairytale for the police and one for someone else ?)

 

The solicitor (claims processor) doesn't appear to chase anything and nobody else seems to be doing anything either.

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the vehicle insurers (Of the vehicle) will also normally instigate the services of an investigator to interview their client and provide a report

that's correct, but apparently they have three months to do so (according to Minster Law) , then the claim will have to progress, but it is almost four now.

Well. will have to continue to wait, but it appears to be ludicrous to set legal timelines and then they don't have to stick to them.

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  • 2 weeks later...

OK, finally an update from Minster Law.

Apparently she spoke to both the MIB and the Insurance company.

MIB is refusing to deal with the claim as there could be an insurance that could potentially pay out. The insurance is refusing to deal with the claim as a) they cannot trace the policy holder. Apparently he is no longer at the address that is shown on the policy and b) the police is still investigating the accident.

The police however allegedly concluded their investigation in May when they gave me the insurance details. Apparently they have to conclude an investigation within 6 months.

So I think this is turning into one big joke.

I have now e-mailed the investigating officer again who was dealing with the incident and who gave me the insurance details a few months ago to see why the insurers think the investigation is still ongoing when I was told it was complete.

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Just had a response from the police. The court hearing for the offender (which I assume is the registered keeper) was in July, it resulted in the offender receiving a fine of £600, disqualified to drive for 6 months and was ordered to pay court costs of £85. The Full Police report was sent to the MIB by the Civil litigation team on 12th August 2015.

No record of the insurers ever requesting any information.

The address etc of the offender is available from the police as is the full report.

 

So I am puzzled who is lying ? Are the MIB and the insurers lying to Minster Law or is Minster Law lying to me, i.e. making up their updates and not really doing anything at all.

 

I am at a loss here.

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Just had a response from the police. The court hearing for the offender (which I assume is the registered keeper) was in July, it resulted in the offender receiving a fine of £600, disqualified to drive for 6 months and was ordered to pay court costs of £85. The Full Police report was sent to the MIB by the Civil litigation team on 12th August 2015.

No record of the insurers ever requesting any information.

The address etc of the offender is available from the police as is the full report.

 

So I am puzzled who is lying ? Are the MIB and the insurers lying to Minster Law or is Minster Law lying to me, i.e. making up their updates and not really doing anything at all.

 

I am at a loss here.

 

The MIB have only had the Police report for 4 weeks so knowing what they're like I'm not surprised they haven't gotten round to dealing with it yet. They have a massive backlog and suffer from a lack of staff and funding.

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I appreciate that, but they don't want to be dealing with it anyway because of the insurance company.

The insurance company told Minster Law they are waiting for the police investigation to be completed and the court hearing.

The police told me the court hearing was back in July and their investigation is complete and a report is available if requested but they have no record of it being requested by the insurance.

It was only sent to the MIB back in August.

 

I just spoke to them again on the phone (Police) and they said they can't send me anything in writing as all they have is the police report and I would have to pay £130.- for that, only the MIB gets a copy for free.

 

:jaw:

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As I explained earlier in the thread, a "Section 75 Insurer" or "RTA 151 2b" Insurer (It sounds like it may be the later) can take a long time to resolve as the Insurer who issued the Certificate of Insurance and the MIB battle it out over who pays the bill.

 

I would not 100% trust what Minster Law are telling you, have you tried ringing the third party Insurer yourself?

 

There's nothing stopping you doing this, you'll have to get through a layer or two of cannon fodder staff to get to the specialist staff who deal with this type of claim.

 

If you ring, I recommend you ask each persons name at the start of the call & each time you're transferred as this greatly reduces the chances of them cutting you off (It happens sometimes on calls where it's difficult to find the correct department). Be as polite as possible but remain firm, I recommend you use phrases such as "I would greatly appreciate your help in what is becoming a prolonged claim and I'm not confident in Minster Law". They're used to people being rude to them so when someone's polite and asking for their help they tend not to put up barriers an go out of their way to help you. Throw in after asking for their help "I've spent a great deal of my own time on this claim and I believe I have information that may assist you" You can then give them the details of the court case etc and your own version o events.

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I appreciate it takes time to process claims, but I also appreciate companies being truthful.

If they had said we can't give you an update yet because we haven't completed the paperwork , we are very busy, we are waiting for some papers to be returned and expect them on ........ that's all fine.

But to say they can't locate their policy holder (in my opinion there problem and not mine) and the police investigation is still ongoing with a court case pending in September (a complete lie) then I am usually suffering a sense of humour failure.

I had another couple of e-mails from the investigating officer today who said he got the file back out and did some digging for me. He put together an e-mail with a brief summary including the offenders address details and said if anybody has got further queries they can contact him directly. He also said the case was complete with conviction which was back in July.

So I have now forwarded all that to Minster Law including the latest address details of the offender.

Apparently he is known to the police because of his 'chaotic' lifestyle and is unlikely to respond to any letters etc from his insurers which could be another reason why they think they can't locate him.

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It's not unusual at all for a policyholder in this type of situation to be difficult to locate for an Insurer, in fact it's very common.

 

As I mentioned before, the Insurers will instruct enquiry agents to gather the information and also locate their client.

 

There's no real reason for them to rush the process hence my suggestion you jolly them along with a polite phone call

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