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howticklediam

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About howticklediam

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  1. It's interesting when you frame it like that. I was working on the principle that the other party should restore me to the situation I was in before the crash, i.e. able to use my roof box. I had a similar situation a few years ago with in-built car seats that I had to replace with aftermarket ones following a crash. I wrote the insurer a letter and they paid for new seats. So I was assuming the same situation. Btw, I still think in principle I should be reimbursed, but I can see that it's far from an easy argument. Thanks for all the advice.
  2. The roof bars weren't on the written off car, but I still had to replace them because they didn't fit the new car.
  3. That sounds sensible. I think we may have got the excess back, plus we got all other uninsured losses, my wife has been dealing with it so I'm not totally sure. We have Diamond legal protection, so it beats me why they won't chase them up for the roof bars. The only thing that seems to have been disputed is the roof bars so I'll use Money Claim Online for that if the third party decide not to pay. Thanks.
  4. Our insurers told us that the other side will not pay for the roof bars but they agreed to everything else, it has not been stated to us in writing by anyone, but I can ask for a letter. The value of the bars was ~ £130.00. I can't remember if we paid an excess, there was one on the policy, so probably.
  5. We had our car written off (not our fault) and had to buy a new one. We use a roof box when we go on holiday each year and so I had to buy new roof bars to fit the roof box to the new car as it has a different type of roof rail. The other side's insurer has paid out for the claim in full except they won't pay for new roof bars. I have provided proof of purchase for the old ones and the new ones and photos. Our own insurer's legal protection team says they don't think it's worth pursuing the claim for the new roof bars so advise we just forget about it. Am I entitled to claim for this loss since I am out of pocket due to the fault of the third party, and should I pursue the third party personally through the courts since their insurer won't pay out? Thanks.
  6. CPR 27.14 (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; What can be claimed is not specified anywhere as far as I can see. Not sure if the summary procedure is only invoked when applying for a summary judgment.
  7. I had a Judgment in Default, they had it set aside and requested a hearing, which is now two weeks away. Yesterday they wrote to the court saying they are no longer defending apart from costs. They actually mean they are going to question the interest I am claiming and the costs, but the costs I claimed are minimal - £60 for copying etc. I haven't asked for a Judgment as the hearing is less than two weeks away.
  8. Small Claims Track - but the defendants have messed me and the courts around a lot and finally said they are not defending the claim any more (after a year in the system) just the costs. So I was going for 'unreasonable behaviour'. I thought it was up to the Judge, are you saying there's no chance in Small Claims Track?
  9. That's really useful, thanks. I'd seen the money claims link, that's where I got my figures from, but obviously not looked hard enough in the CPR pages. tickled
  10. I want to claim for costs in County Court as I the defendant had acted unreasonably and is no longer defending the claim, just costs. Can anyone help with guidance of how to do this? I can't find a suitable form so I thought I would just write it out as a Particulars of Claim and list what I am claiming for and submit it to the court and the defendant ahead of the hearing. Also, I have read I can claim for £19 per hour preparation time and £95 for a day off work. Are these figures listed anywhere in official guidance? I can't find them on Justice.gov. Thanks
  11. I put it on the legal thread because it's specifically a question about County Court procedure. Now it won't be seen by the experts in that area. This has nothing to do with the original question. Are you saying every time I post to CAG you are going to bung it on a different/combined super-thread of all my posts. That's really presumptuous and annoying, and defeats the object if I'm not reaching the experts I want to reach.
  12. Hi Guys, I'm new to this thread but not to CAG. I am in dispute with an airline in the County Court. I have a hearing in two weeks and the airline have now said they are not defending the claim any more, only the costs. I hadn't applied for any costs, which got me thinking that maybe I should. I have a good case against them for being unreasonable. My question is, how do I go about entering an application for costs? I can't find a suitable form so I thought I would just write it out as a Particulars of Claim and list what I am claiming for and submit it to the court and the defendant ahead of the hearing. Also, I have read I can claim for £19 per hour preparation time and £95 for a day off work. Are these figures listed anywhere in official guidance? I can't find them on Justice.gov. Thank you.
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