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Azazal23

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Posts posted by Azazal23

  1. This topic was closed on 03/08/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  2. This topic was closed on 03/07/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  3. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  4. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  5. .....Update

     

    Filed my defense in Jan, phoned the court today and the claim has been stayed indefinetly as the other party has failed to respond.

     

    I am now think of either applying to have the claim struck out which costs £40 and recover the costs from the other party.

     

    Or

     

    Get in touch with the claimant solicitors and seek confirmation that they do not intend to take the action any further.

  6. Hi

     

    See my current post i am just about to update. PM if you have any problems

     

    Problem you have is

     

    a. Your sister was gulity

    b. Becuase she was not insured the MIB are now looking to recover there costs.

     

    You maybe able to set aside a proportion of the claim if it was for personal injury there is a 3 year time limit for bringing action. I am not sure were you would stand regarding repairs and costs.

     

    Something you will have to research

  7. Hi

     

    Definetly have not recieved a claim before, and nothing has been rgistered on my credit file. I am quite maticulous about my credit file so have copies going back 5 years.

     

    If the defence looks ok i am going to file today on moneyclaim to save time.

     

    I have also wrote a letter to the court asking for the decison to allow the claim to be filed to be reviewed, i have stated the claimant would have known the claim is statute barred, vextrous and a waste of the courts time. So they may decide to strike it out before if goes any further.

     

    I will keep you all up to date with proceedings. Obviously any other comments or suggestions are welcome.

  8. MIB got in touch with my in May 2004 in which it has been alleged i was involved in an accident and was not insured. The vehicle i owned at the time was off the road (head gasket) so i let my insurance lapse. But i did not file the off road declaration with DVLA.

     

    Anyway i wrote back saying no chance as the car is not drivable and i would be happy for them to inspect it. They never replied, but the strange thing is the claimant had the same first initial and surname as myself.

     

    Was contact on 24 12 10 yes... by Close Credit management saying they wanted 15k for this claim. I emailed back stating it was a fraudulent claim and in any case is statute barred.

     

    I was issued with CC proceedings on 7 Jan 2011, have filed acknowledgement of service. Have wrote a defence out can anyone take a look and give me an opinion

     

     

    1. The defendant states that the time limit for the commencement

    of any proceedings related to the alleged Road Traffic Accident on

    ** May 2004 has expired.

     

    2. The Limitation Act 1980 section 11(4)states there is a 3 year

    time limit in which to bring action for such claims, this has

    clearly expired, the claimant therefore has no right to bring such

    action as the claim is statue barred by virtue of the Limitation

    Act 1980.

     

    3. The defendant requests the claim be struck out as an abuse of

    the process, the claim is vexatious and a waste of the courts

    time.

     

    4. The Claimant's claim to be entitled to payment of £15000.00 or

    any other sum, or relief of any kind is denied.

  9. Two women have recently submitetd an insurance claim against me, alleging that i have back my vehicle into them when infact they drive into a car parking space as i was reversing into it. Anyway there was no contact but they alledge that the dent on their vehicle was done by me even though there was no damage to my vehicle.

     

    They are no claiming one of them broke their wrist in the accident and they both have severe whiplash. My insurance company is defending it to the full and i have many witnessess. All i want to know if i win or they drop their case i can sue them for damages

  10. Lamma

     

    My reply was as follows

     

    Dear Sir/Madam

     

    Please find attached my completed NIP response. I feel I have taken all reasonable steps to identify the driver (either myself or my wife) at the time of the offense. The vehicle was used 3 times in a 2 hour period on that day, as we are the only two people who have access and are insured to drive the vehicle we do not keep any form of log.

     

    Having exhausted any obvious avenues to identify the driver I wrote to Merseyside Camera Partnership to ask for assistance in identifying the driver or even a passenger, I received a response on the 9 October. The response states that a review of the evidence (DVD and or photographic) has been completed and despite the camera being forward facing (to help aid driver/passenger identification) due to reflection/glare on the windscreen it was not possible to identify a driver or passenger in this case. The camera partnership did not provide any photographic evidence as requested to help aid the identification of the driver, they choose to state they are not legally obliged to comply with such requests which I find unhelpful given I am legally obliged to supply the information within a set timeframe.

     

    If a passenger could have been identified it would have been obvious to myself who would have been driving and I could respond formally. As this is not the case I cannot say with any certainty whom was driving at the precise time. I am aware that I am legally obliged to provide this information but I am unable to do so in this case. I feel I have taken all obvious reasonable steps to identify if myself or my wife was driving at the time of the offense. But I am also mindful that providing a false statement or a statement which I know to be inaccurate is also an offense, on that basis the only information I can supply is that it was either myself or my wife who was driving at the time, due to the fact the vehicle was used several times in such a short space of time and the DVD/Photographic evidence is inconclusive I am unable to say which one of us it was.

     

    I hope you will take this into account when making a decision on how to proceed.

  11. Lamma

     

    Read the decision, quite an interesting read. Have I interpreted this correctly when I say I feel that I have complied with the s172 request so far as I have identified the driver(s), and I have given all the information that has been in my power to give.

     

    Or

     

    Is it there onus to prove that I have failed to reply to the s172 adequately.

     

     

    I have only got a A Level Law and im very rusty.

  12. So there response goes

     

    Dear Azazal23

     

    I refer to your recent correspondance in relation to the above NIP and note your comments.

     

    It is important drivers maek every effort to comply with traffic regulations to increase road safety and reduce the number of serious and fatal accidents.

     

    For future reference, it is essential that you are able to identify the driver of your vehicle at all times.

     

    The matter must now be dealt with by way of summons to court, under S172 RTA 1988 for failing to furnish police with driver information.

     

     

    Any helpfull suggestions for a defence would be appreciated.

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