Court claim for bump

[sailor sam]

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?.

 

Only if he looses.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[stanfranks]

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.

[sailor sam]

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.

 

I would of though in addition to the costs of repair, that part of the defense is disputing the damage outright because of the time delay in making a claim. As I have said previously, anything could have happened to the claimant's car since the incident involving your friend.... he may of reversed into something for example. From your info, my view is that the TP is trying to pull a fast one. In any event, he has not provided any opportunity to resolve the matter without going to court first which will be frowned upon signifitantly. You havn't actually clarified whether the solicitor is actually handling the claim. If he isn't mentioned on the court papaers as doing so, then his costs cannot be included. Going on all your info, I can't see that your friend will have anything to worry about as long as he maintains that he was unaware of the damage and that he deffinately has had no correspondence from the TP prior to the court papers.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[Bernie_the_Bolt]

The purpose of the allocation questionnaire is to allow a judge to decide which track to allocate the claim to, small claims, fast track, or multi track.

[stanfranks]

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.

[crem]

I'd be very surprised if the court do not have procedures in place to deal with a claimant/defendant being a member of the armed forces.

 

If a court claim went ahead with the defendant being unable to attend because he was doing a 6month stint in Afganistan, just think of the political stink that would raise when he finds he has a CCJ against him while he was fighting for his country!!

[stanfranks]

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.

[stanfranks]

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.

 

 

"

[stanfranks]

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.

[crem]

Are they not under CPR obliged to send documents direct to my friend.

 

I believe so. I had a recent court case against a couple for rent arrears, and, as it involved 2 people I had to send copies of everything I was submitting to court to EACH OF THEM INDIVIDUALLY, even though they lived the same address!

[stanfranks]

What puzzles me is why are the TP solicitors not sending documents direct.

And why are they saying contact insurers and get representation.

[stanfranks]

Why would the TP solicitors not send documents direct and why are they saying contact insurers.

Also why would they say get legal representation.

[Ganymede]

Your friend has been served directly as his insurers have not nominated solicitors to accept service and so the Claimant's solicitors have no choice.

 

The Claimant's solicitors are telling your friend to contact his insurers or obtain legal advice as they are giving him a chance to get things sorted out and solicitors are more likely to be reasonable in dealing with the claim.

[stanfranks]

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.