Court claim for bump

[sailor sam]

If the 'incident' happened 12 months ago, then I would of thought the defense would be that anything could have happened in that time so the claim is unreasonable. So yes, tick the 'dispute all' box.

Was the matter reported to your friend's insurers?

 

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.

 

 

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[sailor sam]

In that case he is probably on his own. The TP will have to demonstrate that his claim relates to the incident. The court will be interested to know why the TP has waited all this time in making a claim. Your friend could try contacting his insurers at the time and see if they will handle it but if he failed to respond accordingly to them, then they may now wash their hands of it.

 

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.

[sailor sam]

Just to make things clearer.

My friend accepts he bumped into the Claimants car which may have needed a repair.

He wishes only to dispute the amount claimed as no proof of the repair/hire costs have been provided.

 

Yes, I understand all that. But it looks like he will have to go to court to do it because he didn't pass it to his insurers at the time. They would of fought this on his behalf had he of responded to them correctly.

 

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.

[sailor sam]

He MIGHT just get away with it. His insurers remain responsible, so providing he had a policy in force at the time of the incident there's every chance they'll take it on - he does NOT have to be a current customer of their for them to settle or look after him.

 

True, but it appears that he did report the incident to them but then did not respond to 'anything they sent'.

 

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

[sailor sam]

His reasons for not responding could be legion, but as they were notified in the first instance so his initial duty to do so was discharged. (on a separate note isn't your advert and begging bowl for reputation a bit OTT? It doubles the size of each post to no real effect.

 

For your information it is my signature and was the same under the old format apart from changing from 'click my scales' to click my 'button'. A lot of caggers have similar signatures. If it makes you happy, I will try and make it smaller but as I said, it is the same font and size as before.

 

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.

[sailor sam]

Is that any better?

 

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.

[sailor sam]

Sorry, I just spent nearly an hour drafting a statement for you but something went wrong and I got logged out. I hav'nt the time to do it again. sorry.

 

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.

[sailor sam]

The above is irrelevant according to your first post because you say there was no damage. The TP will need to explain why it has taken a year to make a claim aginst your friend and he will need to convince the judge that the damage now showing was caused by your friend. Remind me, have we got a copy of the TP's estimate, if so what date is on it? Hopefully it will be fairly recent because I cannot see how the TP can prove his claim after a period of say 6 months.

 

I'm really busy today and won't be available untill next Monday evening as i'm away from this afternoon otherwise I would re-draft the statement.

 

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

[sailor sam]

It happened again! I formatted your statement and suggested you put paragraph '6' as your first paragraph which I expanded a little and when I came to actually post it, I was logged out again. I'm going to have to have to contact the mods to find out whats going on. Sorry!

 

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.

[sailor sam]

CASE NUMBER: (insert case number)

 

IN THE (enter court name) COUNTY COURT

 

(enter applicant's name) (APPLICANT)

 

V

 

(enter your name) (RESPONDENT)

 

STATEMENT OF THE RESPONDENT

 

I am (enter your full name) of (enter your full address) and wish the court to consider this statement as being a defence of the applicant's claim in it's entireity. The applicant's claim relates to an incident on (enter date) whereby my vehicle; (enter make/model/VRM) was in a minor collision with the applicant's; (enter make/model/VRM). This I do not dispute. At the time of the incident, it was agreed by both parties that no visible damage was caused. Therefore the basis of my defence is as follows;

 

1. Since the date of the incident, the applicant has not corresponded with me what-so-ever previous to this claim so I would like to draw to the court's attention the time scale involved from the incident date to the date of the applicant's claim as being dubiously excessive. The applicant has so far failed to provide me with any evidence that the damage he is now claiming was caused by the incident above in which I do not dispute being involved. I submit therefore that the date of the estimate of repair to the applicant's vehicle (of which I have not been yet provided), will be signiffitant in this matter.

 

________________________________________________________________________________________________________________________________

 

 

This is more or less how your statement should be formatted and i've given a suggestion of the opening paragraph. The rest of your version should be fine except what I posted previously.

 

Plesae check for spelling mistakes as I did it very quickly this time!!

Edited August 24, 2010 by sailor sam
obvious spelling mistake

[sailor sam]

Oh I forgot, don't forget to sign and date it. You also should 'serve' a copy to the applicant. By serve I mean post him a copy with a simple covering letter stating; "Please find the enclosed copy of my statement of defence which has been submitted to court."

 

And as Buzby says; SEND IT TODAY!

 

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.

[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.

[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.