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junior232

fake? accident Insurance claim, now got court papers - think my numberplate was cloned - help!!

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Hi,

 

I have a query which i am hoping someone can help me with any help will be greatly appreciated.

 

Basically i currently hold a provisional license i cant really drive properly, i took out provisional insurance last year and got insured on my brothers car to take some lessons of him, he himself is fully insured and i took out a separate monthly insurance i drove the car twice but then half way through the insurance his car developed a fault and was not drivable.

 

A few months ago my brother received a letter from his insurance company basically stating his car was involved in an accident and his details were given at the scene of the accident and that it was his car with his registration exact model that was involved, now my brother told his insurance company he was not involved in the accident nor does he know anything about the accident, the third party insurance company kept pursuing with this saying they have proof he was involved.

 

My brother then provided official proof on the day the accident took place which the third party stated, he got a signed letter to proof he was at work and it could not have been him involved at the accident and he was driving another car on that day, the third party tried to question the proof given and stated they would go to court and carried on threatning.

 

Now they have stopped trying to pursue things with him, a few weeks ago i received county court papers stating i was the driver of my brothers car and they are pursing for damages personal injury etc all they have stated on the particulars of claim is the details of the accident and that i was driving, the day the third party say the accident happened i did have insurance on the car at the time.

 

Me and my brother are completely puzzled about all this but it is clear someone is trying to make a false claim, the third party have stated the accident happened on the motorway, the car itself was non drivable and i myself cant even drive properly never mind drive on the motorway.

 

I have to file an defense and i need some advice of how to proceed with this because i don't know whats going on, in the particulars of claim the third party have provided no proof what so ever just stating i was driving.

 

Can anyone help with this please?

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Do you have any way of proving that you couldnt have been driving the vehicle at that time stated ?

 

Have you been provided with all of the proof/evidence they say they have in order to bring this claim ?

 

I will try and find some one who can help.


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seems like its a case of cloning me thinks.

 

the police will no doubt have been involved as it was a MOTORWAY accident.

 

they will have all the proof you need to prove their case false.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Could be a case of the car reg being misidentified. The third party may have looked to the Insurance details from MID and have managed to get the wrong person. If you had Insurance on the car at the time, MID would have given your details.

 

The Insurance that you had at the time for the car should be dealing with this for you, with your help, so you should not be doing anything with the court claim. Phone them up and arrange to send the court claim onto them.

 

IF THERE WAS NO INSURANCE IN YOUR NAME, THEN

~ Acknowledge and defend the claim in full. Defence is that they have indentified the wrong defendent for the claim, as you did not have any accident with the claimant as they have stated. That you only have a provisional licence, so cannot drive on motorways and that the car in question is owned by the defendents brother. In addition the car was not on the road at the time in question, as it had mechnical problems, so your brother was unable to offer driving lessons, which is why Insurance was arranged in the defendents name under a seperate temporary policy.


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Hi,

 

There was no police involved and from what i have been told the police cannot get involved now as the alleged accident took place more than 6 months ago i dont get why the third party didnt call the police in the first place if he had an accident on the motorway. As for the car itself they defo say it was my brothers registration and they have not given any of the proof that they have.

 

My brothers insurance are useless they are not helping him at all.

 

My provisional insurance company seem to have trouble understanding "i was not involved in the accident" they have on several occassions accused me of saying things i didnt even say on one ocassion they said by telephone i told them that it was my brother who was driving the car and when i told my insurance company i didnt say that at all and to send me a copy of the telephone call that i said that they dropped the subject altogether, now they want a copy of my provisional license to show the third party because they have a rough description of the person that was at the accident.

 

I also a letter which the third party sent to my insurance company, the third party told my insurance company that my brother has told them that it was me who was driving the car and that my insurance company should pay out, my brother didnt even say that to them, theres obviouslly more to this and the third party are lying.

 

With regards to my court claim, i acknowledged the service and was given 28 days to reply with my defense, the 28 days is up on thursday next week so theres no time to refer this to my insurance company and even if they did deal with i doubt they would do anything to help me.

 

I just want to be sure how to proceed, should i just respond with a defense? The day in question wheere the third party said the accident happened i wasnt anywhere near the area, i was on the other side of the country helping a friend out, he is only my only alibi at the moment.

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EVERY accident on a motorway must involve the police by law.

 

what about CCTV coverage?

 

something smells here.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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if you and your brother have mobile phones

 

that evidence can be used for proof of where you were too.

 

me thinks you need to contact your local police ASAP here.

 

re car cloning.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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As far as i know there was no police involvment, i dont know about cctv coverage nothings been mentioned about that, the third party did say they had photographs of the car and thats how they know it was my brothers registration, how can i find out what evidence they actually have? and how can i get copies to the cctv around that area?

 

Well me and my brother know that someones doing something dodgy the only thing we can do is prove they are lying.

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How can i use my mobile as proof?

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IMHO you need to involve the police under a suspected car/numberplate cloning issue ASAP.

 

as for you phones

 

every mobile phone connects to various 'cell towers' as you move around

 

that data can be requested by police/courts from your provider.

 

plase bear-in-mind i am not legally minded, just use common sence knowledge

 

i'm gonna move your thread to the legal forum and retitle

as it need legal help.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I will get my brother to inform the police as it is his car, in the mean time how do you think i should proceed with the court case?

 

I am on pay as u go can they still get the information?

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any mobile phone turned on still squalks .

 

anyhow

 

i've alerted the thread

 

help should be coming soon.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Has a claim actually been issued against you from the court ?

 

Can you tell us what it says on the claim form.. the reason they are taking you to court ?

 

They cant simply say you did something without proof - if a claim has been issued, they MUST by law provide that as evidence.

 

If we know what they have said on their claim form and perhaps any accompanying witness statement then perhaps we can advise further.


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Hi,

I just want to be sure how to proceed, should i just respond with a defense? The day in question wheere the third party said the accident happened i wasnt anywhere near the area, i was on the other side of the country helping a friend out, he is only my only alibi at the moment.

 

Defence is that they have indentified the wrong defendent for the claim, as you did not have any accident with the claimant as they have stated. That you only have a provisional licence, so cannot drive on motorways and that the car in question is owned by the defendents brother. In addition the car was not on the road at the time in question, as it had mechnical problems. Further witness testimony can be provided if required by a friend ( name/address) that you were with them at the time of the alleged accident. In summary, you are confused by the claim and believe the claimant is mistaken.

 

The defence should be in my opinion, just a statement of facts and it is up to the claimant to prove their claim, not for you to have to phone mobile companies asking for your location at the time.


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I agree with the comments made by Uncle B.

 

Meanwhile, if you can let us know exactly what they say on their claim/witness statement - we can work out what information you need to ask them for.

 

Do NOT miss any timelines for acknowledging receipt of claim or submitting defence or they will obtain a Judgment by default.


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You should NOT file a Defence yourself. Pass this to whoever insured you at the time ASAP to deal with. Their solicitors will prepare the Defence on your behalf. After all its' what you are paying them for and it's far too risky to attempt yourself.

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You should NOT file a Defence yourself. Pass this to whoever insured you at the time ASAP to deal with. Their solicitors will prepare the Defence on your behalf. After all its' what you are paying them for and it's far too risky to attempt yourself.

 

According to the OP, they have already contacted them and they don't appear interested. It is a temporary provisional policy and according to the OP, he was not driving the car at the time and was in fact in a different part of the country. They have to get their defence in by Thursday I think, so a bit risky trying to involve a company that is not interested. The OP will get a CCJ by default.

 

So the advice given is different to that which would be given normally. If you read the thread, the accident and court claim are all a bit odd. Either the claimant has made a mistake or there is more to the story.


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According to the OP, they have already contacted them and they don't appear interested. It is a temporary provisional policy and according to the OP, he was not driving the car at the time and was in fact in a different part of the country. They have to get their defence in by Thursday I think, so a bit risky trying to involve a company that is not interested. The OP will get a CCJ by default.

 

So the advice given is different to that which would be given normally. If you read the thread, the accident and court claim are all a bit odd. Either the claimant has made a mistake or there is more to the story.

 

 

 

I still think this is far too complex and risky to try and defend on his own.

 

It does not matter if it was temporary or not the insurer should deal with it. Their solicitor can agreed to an extension to file the Defence so the due date on Thursday is pretty meaningless.

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Hi all i apologize for the late reply. I will try to answer all the questions have been asked.

 

Firstly a claim has been issued i have received the n1 claim form which i have to respond to, there is no documents that state as a title witness statement. I got the dates wrong i have until Wednesday morning to return my defense so instruction my insurance company at this point will be too late to do even if i did pass this on to them im assuming they wont respond to the courts by the deadline.

 

I will give an detailed outline of what i received from the courts.

 

First is the N1 claim form:

 

Claimant name and address

 

Defendant name

 

Brief details of the claim

This section highlights brief details of the claim which states a road traffic accident occurred on so and so date and a claim for general damages injuries, general damages non-injuries and claim for special damages in relation to financial losses suffered. In this section it also states "See particluars of claim annexed hereto in relation to detailed allegations of negligence. It is hereby confirmed the claimant has complied with the pre-action protocol

 

Value

Details of the amount that is being claimed

 

The it goes on to the particulars of claim broken down into sections:

 

Particulars of claim

 

1. On so and so date the claimant was owner and driver of a ### motor vehicle reg no.###

 

2. The defendant was the driver of a ### motor car reg no.###

 

3. For this point the basically describe how the accident happened.

 

Particulars of Negligence

This section just highlights how they say the defendant was negligent i will list a couple of points.

 

1. Proceeded to quickly/with to much haste

2. failed to keep a safe stopping distance

 

Particulars of Injury

This section describes the claimants injuries and it states he was examined by general practitioner and gives brief details of the practitioners report to the injuries on the defendant which is basically kneck and lower back injuries and that the claimant should recover with an approximate 12-14 month period from the accident date.

 

Particulars of special damages

This section just gives a break down of the damages that the claimant has suffered

 

Then it goes on to the statement of truth where the claimant has signed his signature and the claimants solicitors have instructed the district judge they should receive all correspondence. They have also attached with this a ten page medical report and there is 3 court forms i.e notice of funding of case or claim form.

 

Thats all i have received!!

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What is the date of the claim form .. top right hand side


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It says date of service 8th of august

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Ah right.. 8th August date of service - Yes, Wednesday 5th September.

 

Did you acknowledge service and indicate your intention to defend the claim ?


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Yes i acknowledged the service and indicated i will be defending the whole claim! I am still a little unsure of how to proceed with this? also i would like the case transfered to my local court as i have just come of benefits and started a new job a week ago and cant afford travel costs, how do i go about doing this?

 

This is just beginning to really stress me out, i dont know what to do

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I still cant understand why they didnt call the police at the time of the accident, and even if they didnt at the time why the claimants solicitors didnt inform the police when he passed his case on to them, me and my brother know someone is trying to do something illegal its up what the judge thinks really.

 

From the details i gave on the court forms, would you agree that they have provided no real proof and that all it is allegations? The solicitors have been playing dirty trying to get both insurance companies to pay out, if they have any evidence do they by law have to include them in the n1 claim form? seems fishy saying they do have proof and then not including this in the claim

Edited by junior232

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TBH, this is really beyond my understanding/knowledge.

 

You will have the opportunity to have the hearing moved to a court nearer to you when you receive the allocation questionairre which is a form sent out by the court once your defence has been submitted and if the claimant intends to proceed.

 

I am just having a read back over your thread.


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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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