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    • Daft question - but you filed the defence on-line on MCOL as dx indicated, right?
    • We looked up the e-mail address so communications would be in writing.  If you do stuff on the phone the other party can just deny the contents of the conversation.  They can't deny what's written in an e-mail. So time to sort Pete out.  Check the following for accuracy and change anything I've got wrong.  Then e-mail Pete this evening.  I was thinking of threatening the pub with legal action but let's initially be nice.   Dear Pete, Re: PCN no.XXXXX, claim form no.XXXXX on 23 July 2022 I was a customer at your pub and I attach proof of purchase. I was picking up my cousin Ms XXXXX and her family as she was working as a cook with you at the time.  I entered the pub through the back door, went to the bar, and ordered a drink and a meal.  At no point did any bar staff alert me that I needed to add my registration number or did I see any signs advising me to do so.  I then took a seat outside in a small seated area so I could chat to my cousin while waiting for her to finish work.  We were joined by the management of the pub and bar staff during my time waiting  I was shocked a few days later when I received a demand for £100 from Civil Enforcement Ltd.  i contacted the pub and was told "don't worry, it's not enforceable". Well, that information turned out to be nonsense because I have now received a county court claim form from CEL. I contacted the pub again on XXXXX and was extremely disappointed to be told "there's nothing we can do". Of course there is something you can do.  You are the organ grinder.  You called CEL in.  You can call your dogs off.  Your pub has absolutely superb reviews on Google Maps regarding the way in which you treat guests.  Do you really think customers should be dragged to court?  I'm sure you don't. I am therefore requesting that you intervene and instruct CEL to cease court action. Yours, XXXXX
    • Thank you - Defence has now been filed Doc_20240501_182920_Redacted.pdf
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False Address Details


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Hi

 

I was driven into the back of in May 2009, totally the other guys fault (I have a witness to the accident). Attempts by his insurance company and the Police to contact the guy has failed ever since this point.

 

An enquiry agency has recently sent someone around to his registered address and it has come to light that the address he has registered with his Insurance company he doesn`t live at. The woman that lives there has never heard of this person. Of course she could be lying or he could have recently moved out and not changed his details.

 

Does anyone know where I stand with my claim if they cannot trace him, or at least if they can trace him and he denies all knowledge of the accident after 3 months. He also might have changed his car since.

 

Thanks

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if he fails to reply the insurance company still have to deal with you.

 

they have prob already written to r.e accident allegations,then further letters advising that they will prob have to deal and treat as fault claim if he does not reply etc.

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hi,

 

as per the 'pre-action protocol' the insurer have 3 months to resolve liability. They should now be looking to deal with your claim 'without prejudice', which basically protects their client should he appear. Who is acting for you, ie, are your insurance co dealing, solicitors, ax management co etc? as they should be pushing for them to now deal.

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi

I have a company called Minster Law acting on behalf of me who work with my insurance company Smart People Budget. The person dealing with my claim has basically told me not to contact her or the 3rd party insurance company, Fortis, as Fortis have up to 4 (four) months in order for them to contact their client/customer. Therefore I stil have another 4 weeks or so to wait. To date they haven`t managed to contact him and as mentioned before it has become apparant the guy doesn`t even live at the address he has insured his car at.

 

Cheers :)

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Hi

I have a company called Minster Law acting on behalf of me who work with my insurance company Smart People Budget. The person dealing with my claim has basically told me not to contact her or the 3rd party insurance company, Fortis, as Fortis have up to 4 (four) months in order for them to contact their client/customer. Therefore I stil have another 4 weeks or so to wait. To date they haven`t managed to contact him and as mentioned before it has become apparant the guy doesn`t even live at the address he has insured his car at.

 

Cheers :)

 

I wonder if he live at the address his car is registered at?

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Hmmm well from his point of view that would seem like an easy escape clause for anybody responsible for a minor collision. i.e. Just ignore it and it`ll go away unless the victim takes it upon himself to pursue things? Or am I misunderstanding that one?

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Unless and until he completes a claim form and requests indemnity from his insurers they will not be able to do anything or get involved in this matter.

 

If he doesn't advise them of this accident by way of a claim form then you will have to pursue him direct.

 

Mossy

 

 

think they will, i have seen loads of cases where the TPs have reported the incident and our PH have failed to reply to the allegations etc and the claims have had to be settled. Id be a bit miffed if I was hit by someone got their details,ins company etc, but the ins company wouldnt deal because the their PH wasnt playing replying to their letters.:D

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The solicitor dealing with my claim just phoned to say that the TPs insurance company can blow the claim out if liability is not admitted through failing to contact the person that was at fault. Seems like a bit of a loophole to me!! either that or my solicitor acting on behalf of my insurance co and the TPs insurance are working together on this!

 

I did ask that the client has a legal right to notify his insurers if he changes address and that could invalidate his policy in the event of an accidient but she said that is one of those things and is the fault of the client and not the responsibility of the Insurance Company.

 

The Police can try and find the person at fault if they can prove he was driving without due care and attention, which needs to be proven through my witness. I did notify the police at the time so they have all details of incident on record.

 

forgot how much fun car insurance can be!

Edited by alanij
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ring your insurers to get their view on it, they should deal with your repairs etc then chase the TP insurer for their costs, just because the person at fault is not cooperating should not halt your claim.

 

Is it damage or personal injury? a colleague of mine has waited 3 year for them to settle.

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Hi

I`m only TPF&T so have to sort repairs out myself unfortunately if i want my car fixed. I did havea courtesy car until the TP inspection declared my car fit to drive after 3 weeks of accident. Exhaust blows and Mot now out and to fix damage to go through MoT will cost ME £800 which i may be able to claim back when or if it all goes through.

 

My insurance company have told me not to call them within the 4 month period the other company have to respond to my claim. They said they will call me when they have news.

 

Although mild, there is also personal injury in addition to damage to my car which is also being sorted.

 

When my policy is up for renewal, i shall be going fully comp!

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