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Showing results for tags 'court proceedings'.
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I need some understanding and advice on this scenario. Case in brief Car A hit Car B from the back when Car B suddenly stopped apparently in response to Car C. Car B was to state later that his car shunted forward to hit Car C. However during the incidence both Car A and Car B were sandwiched together upon observation. But drivers of Car B and Car C were witnesses to each other in their claims for Whiplash. The Driver to Car C did not show any dent on day of incidence but stated at the premises of the incidence that the impact to Car B led him to have a shock which affected his neck and as a result he would be seeking compensation for Whiplash as he would visit the hospital. Car C had a little child of about 5 years seated in the front passenger seat After the impact and before the Police came to the scene the little child was transferred to the back seat. There is a court proceedings against Driver of Car A in which it appeared that the insurance firms of Driver A and Driver C agreed to settlement on the little child. However, instead of the court proceedings to have been served on the Insurance firm to Car A it was served to the Driver of Car A who never knew about the settlement. The Issue Firstly, Driver of Car A was never informed until the proceedings were served upon her as the defendant. She feels that the claim was false and extremely concerned as to the stigma of such false claim in a court record under her name rather than under the Insurance Company's name. Secondly Car C which had no physical dent, produced a medical expert report that there was moderate impact to Car C and affected the little girl thus the claim of whiplash. The engineering report of Car C demonstrated a slight mark/dent which was never noticed on day of incidence. [Note that there was no single scratch to the front of Car B which was purportedly shunt forward to hit Car C at the back]. Question Even if there is such a slight scratch or dent (which the driver of Car A denied ever seeing such and Car C never said such on the day) can such slight scratch or dent be upgraded to moderate impact as was reported in the medical expert report? What are the probable advice in this circumstance for Driver of Car A who is feeling extremely unhappy that the claim was a false claim and the stigma as to the court proceedings with knowledge that a court record stays forever?
Hi my wife has today received a claim form from the courts in respect to a shop direct account which was passed to Lowell portfolio 05/04/10 the account was made 2004 and she never signed any credit agreement. what do I need to do now as I really want to get this sorted quickly as my wife suffers from mental illness,anxiety and severe depression I look forward to hearing from you all and thanks in advance
Hi, I received a letter today stating that BC Solicitors have started court proceedings on an account that is about 8 years old now. I made a tiny payment in December 2013 when I was being hounded, but my job went part-time and I couldn't afford to pay more. Is there anything I can do to prevent going to court, or do I just have to pay them? I only earn £450 a month, so I have literally no spare money to pay them with! Any help will be greatly appreciated!
Hello Everyone, I am a new user and I am not sure how to use forums I have been facing Court proceedings started by Hegarty LLP against me as a result of a loan taken from Welcome Finance. My story is very similar to the others, however it is somehow different and I still hope I could defend it. I took a loan from Welcome Finance of £2500 in September 2007. I was forced to take a PPI as it was required to have a loan granted I was told. What surprised me was the fact the PPI for the entire period of loan was added at once to the loan sum and the interest at the same silly rate was added on top of that. I made one payment only and lost my job. I tried to claim the PPI but as I was forced to resign from work (constructive/unfair dismissal) they refused to accept my claim until my case was concluded before Employment Tribunal so that I could proof I did not resign voluntary. They gave me six months to make the claim so I could not make it at all. In meantime WF was trying to recover the outstanding debt by sending doorstep collectors. They did not accept my excuses about the fact I lost my job and had the PPI claim problem. In March 2008 I found a new job, cancelled the PPI (at least tried to do so) and made the repayment offer ([ATTACH=CONFIG]44468[/ATTACH]). But despite several phone calls they ignored it, demanding the entire loan to be paid back at once. I have not heard from WF for the last 5 years apart from the default logged on my credit file in 2011 (4 years after I made the last payment!?). They did not send the default letter to me at all. Two weeks ago I received Court claim ([ATTACH=CONFIG]44467[/ATTACH]) without any pre-action letters. After advised by solicitor (could afford only one a £120 fixed price appointment) I acknowledged the claim online with intention to defend it. As I wanted to save myself from getting CCJ solicitor advised me to send the "without prejudice" offer ([ATTACH=CONFIG]44469[/ATTACH][ATTACH=CONFIG]44470[/ATTACH]) to Hegarty LLP assuring me they will have to pass it over to WF. It was delivered by 1pm last Friday. I called them today to ensure if they have received it and intend to consider my offer. Firstly they did not want to talk to me as the date of birth on their system was different from mine. In the end they asked me if I acknowledge the claimed sum. I said I don't but to save myself from getting CCJ I can pay all the money they claim should my £50 a month offer be accepted. After that they advised me that once I acknowledged the Court claim it has to be dealt by Court and they won't sent my offer to WF at all. I am left with 8 days to prepare my defense. I don't even have the loan agreement which was lost when we were evicted. We are repaying all other debts regularly for years now, thinking of having a mortgage and buying a property soon and now this... Should I get the CCJ, we will lose our last chance of buying our own house as I am 38 now and in six years time it will be to late for the first buy. I never denied I took the loan. But I could not pay it back firstly because I lost my job and could not claim the PPI, secondly I had to wait for them to accept the PPI cancellation which I had my right to cancel. As they never responded I did not see the point of paying anything. Now after five years, without a single letter County Court claim against me. I am a lone parent with two dependent children. We have enough worries about day to day living. I am desperate. Can anyone help us, please? Is there a chance of avoiding the CCJ against me? Thank you in advance. Kind regards Everyone, Daniel