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County Court Claim - ambulance chaser firm is chancing their luck on a PI claim 2yrs late!!


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Hi

I received a letter from a solicitor yesterday for my daughter (who no longer lives here) from a solicitor.

 

It is a county court claim in relation to a RTA 2 years ago.

 

I have some questions in this regard 

No.1 She doesn't live here anymore and I have no idea where she is (due to a far from ideal relationship he won't let her contact me)

No.2 I don't understand the details are at best miss representations

No.3 They say the Insurance company has admitted liability although she was not at fault They say she hit them at 40mph and then again at the opposite side of the car at 30mph when in truth to vehicle pulled out at a T junction into the front of er car. causing significant  damage to my daughters car. 

No.4 Apparently my daughters insurance has accepted liability however they are claiming which has as stated in this claim already been satisfied by her insurers 

No.5 On schedule of costs it details physio costs for which there is no doctors referral detailing back pain and neck pain for which the walk in clinic  advised paracetamol and it notes this woman has had significant back pain for 10 years?

No.6 Its also lists 2 defendants my daughter and the insurer.

No.7 The chosen court is 200 miles away !

 

 

I have photos which totally disprove these peoples account, but my daughter isn't here can't tell her .

Should I respond to this and detail the evidence I have here on my CCTV. 

Give them pictures of the road where the accident happened totally disproving their account?

 

I don't know what to do

 

 

 

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  • dx100uk changed the title to County Court Claim - physio costs

solicitors dont send out claimforms.

is this a copy of one they might have sent to salford court?

 

so an ambulance chaser firm is chancing their luck on a PI claim 2yrs late!!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to County Court Claim - ambulance chaser firm is chancing their luck on a PI claim 2yrs late!!

Why don't you tell us who is who?

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Now how would I find those details 

It says county court money claims center  dated 23 November 2020 with a claims number

May be an ambulance chaser (I would guarantee it is as this solicitor is also 200 miles away too)

 

Bank fodder ? Who is who ? don't understand? Claimant the person who drove into my daughters car - my daughter (defendant) + additional defendant on claim is the insurer

 

Edited by onestressedwoman
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CCMCC is Salford...so a manual claim....not MCOL

 

Why not scan redact and upload a copy of the claim...takes out all the guess work.

 

Andy

 

 

.

We could do with some help from you.

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Errr.... I think you are meant to leave the claimant in place.

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And the date would be helpful .....PI claims have a Statute of Limitation of 3 years.  I would contact your daughter and get her to pass it on to her Insurance company to deal with...that's why you have Insurance.

We could do with some help from you.

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Andyorch, if you read the OP's original post you will see that the daughter is no longer living with them and due to an abusive relationship with her partner, is prevented from contact with the OP.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Gick

 

Thank you for your understanding! Coercive relationships are so horrible I miss and think of my daughter every minute of every day - I'm worried sick !

 

This solicitors letter says it's constitutes formal service of court proceedings - 

Date of RTA was Dec 2019

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I have....but only the Daughter can deal with the claim/ pass on to her insurance co...so there must be away to get it to her.

We could do with some help from you.

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2 minutes ago, Andyorch said:

I have....but only the Daughter can deal with the claim/ pass on to her insurance co...so there must be away to get it to her.

Andy - you don't understand I do not know where she is living I don't even know if she is in the country she is not allowed to contact me nor any of her friends 

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You had better contact Salford then and in form them ...otherwise they will get a judgment by default.

Do you know which Insurance Company is involved re your Daughters side ?

We could do with some help from you.

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I would take copies of the claim pack and post the originals to the Insurance Co.....It is assumed they have already been served as second defendant...but you could inform them of the current circumstances and why you have forwarded them on.

 

Given the date of the claim was 20th Nov 2020...she may well already have judgment against her...but the insurance company I assume would have defended the claim. 

We could do with some help from you.

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So it does 4th March 2021...separate particulars can be served with permission up to 4 months after the initial claim issued.

 

CPR 7.5/ and CPR 6.15/16

 

Interesting though...CPR 6.13.

Service of the claim form on children and protected parties

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.15

We could do with some help from you.

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2. First class post, document exchange or other service which provides for delivery on the next business day Date of posting, or leaving with, delivering to or collection by the relevant service provider. 

 

Sent 2nd class

 

What does court dispense of service of the claim form mean

 

What counts as evidence? As the only thing I can think of is I tried to put her on the MARAC list and I have been talking to a member of the UK safe guarding team for advice

 

7.5 well sent 2nd class and she as not received it - by dates the final date is the 20th March am I correct ?

 

Date of delivery here was 7th March 

 

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Not too concerned with deemed service.....if your daughters last known address was your address its deemed good service.

 

I would read the link above more importantly re Protected parties.

We could do with some help from you.

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