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About Endymion

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  1. The MIB have confirmed to the op that they are going to pursue him for their outlay before proceedings have been issued going on what the OP has confirmed in that they have sent him a few letters. Good advice re a solicitor though and definitely get as much info as you can regarding payments made, to whom and what for etc. What the op has also got to remember is that hiring a solicitor for a defence will also cost £000-0000's (possibly even if the OP wins) and if you force the MIB to issue proceedings, their costs of doing so and up to any settlement if they win will be on top of t
  2. The MIB have 2 years from the date of settlement to issue recovery proceedings against the OP under the Civil Liability (Contribution) Act 1978, so they still have 15 months to run!
  3. Yep, it takes a while, plus you have to pay a £300 excess to make the process even more enjoyable.
  4. The damage was caused by an unknown driver. As such, the claims come under the MIB's Untraced Drivers Agreement and compensation should be sought from them or the individual 's own car insurance policy.
  5. Just read this about Homeserve. http://www.insurancetimes.co.uk/homeserve-fined-750000-for-excessive-silent-and-abandoned-calls/1395962.article
  6. If it is a test case then surely the insurance company will appeal it - especially given the ridiculously disproportionate fees racked up. I know i would... Have they?
  7. What does your policy wording say on this subject? TBH, I am with UB on this one and think that the FOS will have sympathy for Supercover.
  8. Limitation wise I think you will be ok. Section 14(a) (5) of the Limitation Act 1980 gives leave to apply the limitation point from the date of knowledge that the negligence occurred and as such, you have three years from the 'date of knowledge' to issue proceedings. As you were not aware in 2003 that the survey, if undertaken correctly and the floor examined, would lead to a finding of fault with the floor, then your date of knowledge for the purposes of the act is not this point. Your date of knowledge comes from when you first learned that the floors were defective and rendering your h
  9. Blimey, nice to see everyone being so nice to each other... Anyway, section 153 of the Highways Act does confirm that a gate should not open onto the street, so the owner of the property is technically in breach of the highways act. However, in a civil action such as the OP's, the fact that there has been a breach of the highways act does not lead to an automatic finding of liability against the property owner. If you wish to claim then you will have to prove that but for the unlawful gate being open the accident would not have happened. It is therefore difficult to succeed a
  10. So what you are saying is that a qualified Legal Exec is more likely to make fraudulent or frivilous claims than a solicitor. I am sure ILEX would love to hear such things!! Plus if you want to make a complaint against a solicitor/Legal Exec you must make a complaint to the Legal Ombudsman, not the Law Society. I would also suspect that the lawyer in the proceedings is just setting out on the claim form and within the particulars of claim the alleged injuries sustained and not purporting to be a medical expert. In any event, if proceedings have been issued and served without med
  11. I suspect the claim will be done and dusted pretty much and all the child's solicitors have done is issue proceedings for the Court to approve the settlement agreed between the OP's insurers and solicitors. In any event, you need to pass the insurers. Regarding the previous RTA, any medical expert will have had to review the medical records before coming to a decision and so they will have taken into account the previous RTA (hopefully). This sort of claim is perfectly normal and insurers get hundreds of them a week. They know how to sniff out a fraud claim usually and so just le
  12. If you obtain a judgment against him that is summarily assessed at below £5,000 then you can obtain a warrant of execution against him - if he doesn't pay up. If he doesn't pay up after you get a warrant, then you can ask the Court bailiffs to go to his house and take goods to the value of your judgment against him. However, if you have a look on the bailiff threads on here, this aint as easy as it sounds...
  13. The likelyhood of the driver of the vehicle that ploughed into the property maintaining a succesful defence on the basis of it being an involuntary act is unlikely. Such defences are notoriously hard to maintain. The cases on this point are Ryan –v Youngs 1938 CA, Waugh v James K Allan Ltd 1964 HL and Jones v Dennison 1971 CA. Basically, the driver will have to convince a court they knew that he had no health problems and had looked after themselves well. If the driver was a known diabetic and he had low blood sugar then he will not be able to sustain such a defence and
  14. How are they going to be negligent for your actions when you couldn't control your own vehicle when driving at 1-2 mph? You leave spaces when you park or in traffic so that you can manouevre out of that spot if the car in front breaks down etc, not on the basis you might accidently leap forward and hit the car in front or crush the poor unfortunate sole who is trying to pass in front of the vehicle. I can see where you are trying to go, but a carrier such as Eurotunnel would have a quite reasonable expectation that someone who has passed their uk driving test would be able to drive s
  15. I think your best bet is down the medical road. Have you sought to discuss the ongoing distress your child is having with the unsightliness of the scar with your gp/treating consultant? Counselling is good for kids with these problems and a good plastic surgeon may well be able to clean up any redness and cosmetic scarring, but with age these things fade reasonably well, but i truly understand that this is hard to explain to a 9yr old girl. Good luck and I hope that your daughter makes a good recovery.
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