Car pile up on A road, car written off, TPFT only

[BankFodder]

I should have warned you by the way that if you send a letter like this with a threat like this then you must follow it through. Be aware that there will be a fee because you will have to make an application notice for summary judgement.

[The Phantom]

I had a look at the fee structure, I think that will cost £255 if I am not mistaken. Looks as if it falls under general applications, couldn't find anything specific, so will have to assume it's £255

[The Phantom]

I have looked into Summary Judgement and found the attached information and relevant court from.

I have drafted a statement in support of summary judgement.

 

Any comments welcome

Statement Summary Judgement.docx N244_web_0818.pdf pf11-eng.doc

[BazzaS]

Summary judgment is a high risk manoeuvre.

 

”We do not dispute liability, but need the court to rule on quantum (and / or contributory negligence)” will scupper a request for summary judgement and leave you liable for the application costs (yours AND THEIRS)
 

I’m not saying they’ll try for contributory negligence, but if they might claim either : summary judgment is a high hurdle to clear.

Edited February 16, 2020 by BazzaS

[BankFodder]

I wasn't aware of this. Please could you post a link to a source – and also County Court rules which suggest that it then is excluded from the usual cost rules for small claims

[The Phantom]

You would think they wouldn't try and defend all of the claim then but only part of it. 

However, strangely enough they intend to defend all of the claim, despite admitting liability.

 

(This is in response to bazzaS) 

Edited February 16, 2020 by The Phantom

[The Phantom]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

https://www.walkermorris.co.uk/publications/disputes-matter-november-2015/when-to-seek-summary-judgment/

(this is 5 years old though)

 

 

[BazzaS]

Why is it excluded from the costs rules for small claims track of the county court?

Might there be a personal injury component?

Has it been allocated to a track?

 

If not allocated, you can’t insist on the small claims track rules......

 

As for “defend all” ; what is the downside to THEM of doing so AT THIS STAGE : they can always settle later.

[The Phantom]

I personally think they just did this to buy themselves more time and to avoid a default judgement against their client, but I have no way of knowing what they are thinking.

It's Direct Lines Legal Team at Plexus Law in Birmingham, they may not even be aware that their Claims Department has admitted liability.

I would think they haven't even looked at all the paperwork their client no doubt has sent them.

They have at this stage simply extended the time frame by another two weeks in which to file a defense or maybe settle.

 

I am just thinking if they really wanted to file a defense they would have gone for "defend part of the claim" and not all of it.

How can you admit liability and then try and defend all of the claim, it seems a silly approach, unless of course they are just trying to buy time.

[BazzaS]

^
|
 

This. Hence my post “As for “defend all” ; what is the downside to THEM of doing so AT THIS STAGE : they can always settle later”

[BankFodder]

25 minutes ago, The Phantom said:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

https://www.walkermorris.co.uk/publications/disputes-matter-november-2015/when-to-seek-summary-judgment/

(this is 5 years old though)

 

 

 

Yes this is what I found as well and there is nothing that indicate that you can't apply for a summary judgement in a small claim or that any of the small claims rules relating to costs are no longer valid.

In fact the second link specifically points out that a summary judgement procedure is not for complicated cases – and this particular story is not complicated because liability has been admitted.

However, the cost of £255 is certainly offputting. Let's wait and see what the defence eventually is – if there is one. Simply because they say there is an intention to defend – doesn't mean that they are going to go ahead and defend it.

[BazzaS]

You could always wait until it gets allocated to the small claims track, for the costs protection that grants, and THEN apply for SJ.

The issue is that until allocated you aren’t guaranteed the costs protection, and SJ has a high burden to demonstrate (unlike default judgment if they miss a deadline) 

 

(You can indeed apply for SJ in the small claims track).

 

I suspect they’ll settle before that.

Edited February 16, 2020 by BazzaS

[The Phantom]

OK, I think we are now all in agreement to sit back and wait for things to happen.

 

They now have an extended period until the 9th of March to do something. Either to file a defense or settle.

I'll wait and report back with any developments as they happen.

[The Phantom]

Received the attached letter today and also an e-mail stating :

 

 

Dear Ms XXXXXX

 

XXXXX v ZZZZZZ

 

I write in reference to the above matter.

 

Please be advised that we are on record as Mrs ZZZZZZ solicitors and therefore any correspondence or queries must be directed to us and all documents must be served on Plexus.  Please refer to our acknowledgement of service.

 

We kindly request that you refrain from contacting Mrs ZZZZZ by post, email, telephone or in person in relation to this matter.

 

Kind regards

BLAH BLAH / Paralegal

Scan1.pdf

 

 

 

Rattled someone's cage I suppose.

I think she gave them hell for getting letters from me ....   oh well....

Edited February 20, 2020 by The Phantom

[BankFodder]

Keep on contacting her directly. Anyway, what date should you be able to apply for judgement?

[The Phantom]

They filed an acknowledgement of service, which extended the period. It's now the 9th of March

[BankFodder]

Tick tock tick tock…

[The Phantom]

If they file a defence I'll report back, until then I will just wait and see

[BazzaS]

Why would you want to keep contacting her directly?

 

You’ve lodged the claim. It won’t add anything (she’ll just pass the info to her solicitors), and it runs the risk of making you look unreasonable at court.

They’ve told you (and advised the court) they are acting for her. Communicate with them.

Edited February 20, 2020 by BazzaS

[BankFodder]

Just keep on contacting her directly. They put their hands up and instead of spending money on legal representation they should simply pay you out and bring an end to it. I don't think it will make anyone look at all unreasonable. If anybody is going to look unreasonable, it will be the defendant who has already admitted liability and yet goes on to delay things by saying they going to defend in full and then start instructing solicitors incurring unnecessary costs and even possibly causing trouble and inconvenience to all parties including the court

[The Phantom]

I think at the moment there is nothing more to say anyway.

They will need to file their defence before the 9th of March or settle this.

So the ball is in their court until a move is made to either settle or defend.

 

I am only guessing, but I suppose their legal team is only stalling the court case until their claims department has caught up with the paperwork.

 

Edited February 20, 2020 by The Phantom

[The Phantom]

The defendant / Direct Line Legal Department has today filed the attached defence. I am not sure what to make of that

Any assistance would be appreciated

 

I also had a response to my enquiry about an accident collision report from the local Police and their collisions unit, they say as follows:

 

 

 

"I have had a response from the officer stating the end result of this collision was damage only and therefore no collision report was completed.

 

Therefore we do not have a report to supply."

 

 

Defence.pdf

Edited March 5, 2020 by The Phantom

[BankFodder]

Amazing from the police that basically they're saying that because it was a collision, it was not necessary to have a collision report. I'm sure there's some logic there – I've just got to read around and find it.

 

In terms of the defence, it's quite clear.  They are admitting negligence – and that's the most important thing – but at the same time they're not admitting that any front end damage to your vehicle was caused by the defendant. They're leaving it open that may be you drove into the guy in front first and then she ran into the back of you.

[The Phantom]

I think we touched on this right at the beginning, where we didn't distinguish between the damages to front and rear on purpose and just kept it at "damage" for that reason.

 

The shunt in the back would have been enough to write the car off anyway. The damage report stated that the rear impact was moderate to severe and the damage to the back reflects that.

 

As I don't have the address for the lady that was in front of me (just her name and car registration) I asked the police collision unit to provide that to me for legal purpose as I may need to contact her to be a witness.

The collisions unit just sent me a form back and said I will have to pay a fee for that !

I pointed out I should have been given full details at the time and surely there can't be a charge for that now.

 

I also asked them for the details of the police officer who secured the scene of the accident and who was behind the car that  hit me.

 

They say they don't know who that was, as there is no collision report and the log doesn't make it clear who exactly that officer was !!  It's unbelievable really, considering the road was closed for a while with ambulances , highway maintenance etc and there were six or seven vehicles involved and there is no collision report. Just a log which doesn't even make it clear which officer was at the scene first.

 

 

 

 

 

 

 

[The Phantom]

I assume I will have to complete N180 - directions questionnaire next ?

I believe I will be sent this form by court next and will have to complete it. 

 

I may need some assistance at that time