Jump to content


  • Tweets

  • Posts

    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Horwich Farrelly solicitors claim for a bump


Allyssa
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2075 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, first post here.

I found this site after doing a google search on a firm of solicitors named on a letter sent to me today.

 

It's a Claim Form that appears to be from Horwich Farrelly solicitors.

 

The 3 page document has a court address as the County Court Business Centre, 4th floor St Katharines House Northampton NN1 2LH

 

There is a claim number and it all looks like a a summons. It also tells me I can respond to this claim online at http://www.moneyclaim.uk.

 

The claim is that I nudged into another car from behind approx 18 mths ago. T

This is true.

 

There was virtually no damage caused to either vehicle, just scratches, but the other driver insisted in swapping insurance details which I did.

 

As soon as I got home I phoned my insurance company (the Co op) for advice and to report what happened. They told me to to wait and see if any claim came in.

I thought no more about this matter until a few months later when my car insurance renewal was due.

 

When I tried to renew my insurance the prices has gone up by between 50 - 100% regardless of which company I tried.

 

Eventually after a lot of phone calls to the Co op I was told that a claim had been registered against me because I had called them to report the incident of the small bump, and that is why my quotes has shot up in price.

 

I asked if they had received and paid any claim on my behalf, and they told me no they hadn't. But a claim could come in at any time in the following three years.

 

They also promised me if they had not had a claim from the other party within a year they would review the fault claim on my record.

 

I just accepted it, put it down to bad luck and my own fault for nudging the car.

 

After a year passed I called Co op to ask if the other party had made a claim and if I could get the fault claim removed off my record?

 

They told me that they had indeed been contacted by the other party and they had paid out a sum to the them to cover his loss of no claims bonus.

 

I argued that they should have contacted me before to agreeing to pay any money to the other party as he's was clearly trying it on.

 

But, again I just accepted it. After all that is what car insurance is for isn't it? I was fully comprehensive with 10 years NCB.

Again I just put this down to experience.

 

Now, out of the blue I have received the claim letter mentioned above.

 

I don't know what to make of it? The amount claimed in the letter is £2070.

 

Firstly I would strongly reject there was any damage to the other parties car (a 17 year old VW Golf). At most it had a scratch.

 

But secondly, why are they contacting me directly?

 

I was fully insured at the time by the Co op.

They had my insurance details, should they not be making the claim through them?

 

I'd appreciate any help or advice on this as I've never experienced anything like it before. I'm a middle aged lady with 10 years + NCB and a clean licence, until this.

 

Lisa

Edited by dx100uk
Spacing
Link to post
Share on other sites

Removed the claimform pic

Password showing

Please read upload and use pdf

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Agree with others.

Contact your insurers.

 

Ask your insurers what they want you to do, in particular regarding the need to respond (if you don’t ensure there is an acknowledgment of service and then a defence lodged, the claimant might go for a ‘default judgment’)

Link to post
Share on other sites

Who is the claimant ?

 

Horwich Farrelly are solicitors.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

So the claim has been made by the the other driver...not his Insurance Company ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes, I assume he has instructed this firm of solicitors. There is no mention of his insurance company or mine in the document. That's why I'm so confused. Surely this is a matter for the insurance companies to sort out in the normal way?

Link to post
Share on other sites

Yes...still pass it to your Insurance company to deal with...take copies as already advised.

 

See post #5 above.

 

The claim must be acknowledged by the 3rd Aug and defended fully by submitting a defence by Friday 17th Aug 16.00 h

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

He's probably been contacted by ambulance chasers and they convinced him to process a claim for whiplash.

 

Typical sc@m, very common and impossible to stop unless strict legislation is passed.

 

IMO a whiplash or any personal injury should be registered within a week from the accident and it should be compulsory for the insurance at fault to carry out their own medical assessment.

 

That would stop all fake claimants who remember that they had whiplash 3 years after the accident.

Edited by dx100uk
Spacing
Link to post
Share on other sites

Dash camera doesn't ensure quick resolution...

 

Ours is still ongoing nearly a year later

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

Link to post
Share on other sites

One other thing I forgot to mention.

 

The above letter was sent to my old address where I lived at the time of the accident.

 

It was only by chance that I received it, because I happened to meet the lady who now lives in my old house and she passed it on to me unopened.

Link to post
Share on other sites

That is of importance if you’d advised them of your new address (which seems unlikely, from what you’ve said)T

 

If they hadn’t been made aware of your new address, they are perfectly entitled to issue a claim to the last known good address they have for you.

Edited by dx100uk
Quote
Link to post
Share on other sites

Well, when I moved house I didn't inform a firm of solicitors whom I didn't know existed of that fact, just on the off chance that one day they might want to send me a letter.

 

But it also shows to me that they have not approached my insurers (the Co op). Because I obviously informed them that I had moved.

Link to post
Share on other sites

Dash camera doesn't ensure quick resolution...

 

Ours is still ongoing nearly a year later

 

True, but it will show the accident and the very slow speed as well as all conversation between drivers.

Essential when fraudsters ask for money there and then.

Link to post
Share on other sites

they are claiming for total loss of the vehicle so it might be worth searching the DVLA web pages to see if this vehicle was taxed, MOT'd etc after this event.

It it was then that puts that lie to bed.

 

Other than that it is likely the person wants a new car in exchange for a 17 year old damaged number plate because the car it was attached to broke down and they couldnt afford a new one.

 

however, I would still acknowledge the claim and tell your insurer all about this. Ack first as many insurers are a but slow off the mark

Link to post
Share on other sites

He's probably been contacted by ambulance chasers and they convinced him to process a claim for whiplash.

 

Typical sc@m, very common and impossible to stop unless strict legislation is passed.

 

IMO a whiplash or any personal injury should be registered within a week from the accident and it should be compulsory for the insurance at fault to carry out their own medical assessment.

 

That would stop all fake claimants who remember that they had whiplash 3 years after the accident.

 

 

Don't talk nonsense, the claim form is for the vehicle write off value, not personal injury, so you can get down off your soapbox.

 

The OP just needs to forward the paperwork to her insurer to deal with.

 

It will be as simple as the insurance companies not being able the vehicle value between them so a small claim was issued.

 

I would advise against the OP defending this claim herself.

Link to post
Share on other sites

Update.

 

I called my insurers today (who were Co -op at the time of the incident).

They seemed very surprised that I had received this claim document from a firm of solicitors and thought that it should have been sent direct to them.

So, as per advice here, I've made copies of the document and sent the originals to the co op by registered mail advising them to confirm receipt due to the time sensitive nature of the paperwork.

 

Thanx to all who commented and offered advice. I'll update this when it's resolved.

 

Lisa

Link to post
Share on other sites

Unhelpful posts removed...

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...