Thanks for your interest underdog13. I received a set of statements going back 5 yrs which showed the a/c was entirely made up of interest charges. I then just told them it was statute barred and they responded they are withdrawing. Nothing heard since and nothing on my credit file.

Is it possible that their case is weak and that they are concerned with the defence submitted. Using insurers are they looking for an easy option where insurers would just pay out. This way they would probably not need to justify their claim. If we stick to our defence then is it likely this would become hard work for them. The dispute is simply on the grounds of repair costs being proved reasonable and time taken to submit. Why are they not sending documents to verify their claim.

Why would the TP solicitors not send documents direct and why are they saying contact insurers. Also why would they say get legal representation.

What puzzles me is why are the TP solicitors not sending documents direct. And why are they saying contact insurers and get representation.

Royal Mail Tracker confirms letter with AQ delivered today. My friend is in contact with his previous insurers to see if they have any documents. He has no continuing insurance as he no longer has a car. Any thoughts on the solicitors letter. Are they not under CPR obliged to send documents direct to my friend.

The AQ will be sent tomorrow 22 Sept in time for it to be at the court as requested by 24 Sept. A note has also been added explaining my friend is in the armed forces and is soon to go on exercise, making leave very difficult to obtain in the short term. A letter from the TP solicitors was received the other day which confirms receipt of defence and states: "Whilst we take on board the comments you have made,we strongly suggest that you take correct and proper legal advice on this matter. Your insurance company should already be in possession of the documentation to which you refer and they will be in a position to discuss this with you. Furthermore,they will be able to appoint a solicitor to act on your behalf throughout this matter. I trust that you will make arrangements to get in touch with them straightaway." Has anyone any thoughts on this. "

Good point crem - I think that will ease my friend's mind. We are now going through the AQ and have until 24 Sept to submit. Do we get copy of claimant's AQ once they file. Also what happens if the claimant does not proceed further.

There is a solicitor for the claimant, named on the claim form with their costs. I can confirm that as part of defence, damage was disputed including time delay. There is now a further complication in that my friend is in the Armed Forces. He is to go on exercise next few weeks in preparation for overseas assignment and due to its nature will not be allowed time-off from the exercise. This will of course be entered within the N149 but how will the court view this.

Based on the case so far is it a good thing to be at AQ at this stage. It means no judgment yet but also is giving the claimant time to submit missing documents. The dispute is against costs of repair to damaged car and whether these are reasonable. If the claimant proves repair costs and my friend then accepts as reasonable, he loses. Will there be additional court fees and claimants solicitors fees to pay above that stated on the original claim form ?. What happens if the claimant can only provide documents for part of their repair costs and these are accepted.

Yes correct he is not counterclaiming. He is acting only as defendant.

We have now received an allocation questionnaire from the court for Small Claims Track. At first glance the form appears to be straighforward and I will come back with some questions later. On the notice it refers to a defence being filed and states £ 35.00 to be paid by claimant if they file their AQ. Is the my friend as defendant liable to any court fees throughout the process?.

Good points buzby, I suppose if submissions are late then it is down to the mercy of the court. So up to the judge now.

The named persuer is the driver of the other car with correspondence to their solicitor. Would the situation where my friend needed time to seek advice and then put his defence together provide any leeway. Also would his lack of knowledge of how the system works be against him or would there be some understanding from the court even if the persuer seeks judgement for out of time defence. I think we are looking at what is fair and reasonable or do the courts not think that way. ie ignorance is no excuse so therefore tough. Surely for their case to have merit they needed to have provided full disclosure in the first instance. Would the court not consider this dispite timing of defence.

Ok I'll see what we can do. To help me understand, the persuers have not sent sufficient information and therefore we defend. Does that mean we have to give them notice to provide required information, I thought that is down to the court. Can they on the day state they have not been given sufficient time or that no copy of defence received. What happens if this is the case.

Just read above - been out of the office all day and travelling. Will send tomorrow and hope for the best. What would normally happen if applicant did not receive a copy. I'm sure some people just send to the court thinking that is ok.

Thanks sailor sam I have redrafted defence. My friend will send by special delivery to the court to reach them Fri 27 Aug. I understand the hearing is on Wed 1 Sept. Will let you know how we get on.

Ok will amend with paragrah 6. Hope you get the logging out business sorted.

I have drafted a defence as below which most likely needs some amendments. 1. The Claimant's statement of case is insufficiently particularised: a) Copies of detailed estimates, detailed independent assessors’ reports, details of work and parts required to repair damage from the incident that the Claimant cites in the Particulars of Claim, have not been served attached to the claim form. b) Copies of any detailed evidence to show that a hire car was absolutely necessary, proof of hire and how hire car costs have been calculated have not been served attached to the claim form. 2. No Letter Before Action has been served on the Defendant prior to the Claim. 3. No copies of any detailed estimates, copies of detailed independent assessors’ reports, nature of damage and details of repair required have been received by the Defendant prior to the issue of the Court Claim. 4. Without the information listed above the Defendant is unable to determine if the costs of repair are reasonable and if damage is consistent with the incident and if car hire costs and the need for car hire are reasonable. 5. The Defendant has also not had the opportunity to provide his own assessor to assess the Claimant’s car for damage and seek alternative estimates if repair was required. 6. I would also bring to the Court’s attention as to why the Claimant has taken over 15 months to submit a Claim from an incident on xx xx xxxx. Please amend as you think fit

I forgot to add without any estimate we do not know the extent of damage and what is required to repair. Also as there is no garage bill, we do not know if the car has in fact been repaired and detail of any work done.

That is right there was no visible damage at the time. There is no copy of the TP estimate so do not know what dates are or when car was repaired.

I found this on another thread which is also included on my friends claim form. "The Defendant was negligent for: a) Driving too quickly b) Failing to keep any or proper look out c) Failing to stop, slow down, swerve or in any way manage to control the motor vehicle so as to avoid the collision d) Failing to give priority to the Claimant's vehicle e) Colliding with the Claimant's vehicle 4. As a result, the Claimant suffered loss, damage and inconvenience." Could this also be challenged on the basis of no cctv, police report, eye witness and therefore is unsupported. Also would this as an end statement in the defence be good "as the claim is not fully particularlised I am embarrassed and unable to plead"

That is a shame sailor sam - thanks for your attempt. A draft defence statement to start us off would have been useful. Do you have any pointers so I can start.

T.C. my friend has lost all details of his insurers and no longer has a car so he is on his own with this one. The POC refer to car hire charges and repair costs to the car but no details. No estimates, invoices have been provided or previously submitted. No insurers are involved as claim is from the driver of the other car..

Anyone able to help with a defence statement. There is time as I believe defence needs to be submitted Fri 27 Aug. I am on holiday next few days so hopefully we can move forward when I return.

Thanks buzby. Can anyone help with the defence statement.