County court after me for my ambulance chaser lawyers

[barrkel]

Back in April 2011, not too long after I started riding, I had an accident.

18 year old driver pulled out from a parked position the far side of a stopped bus and did a U-turn (he'd dropped off a friend who got on the bus). Overtaking the bus, I ended up going into the side of him, over the handlebars and slid off the car's bonnet. No speeding (speed camera just past the bus stop), no injuries (just sore knees from hitting the handlebars), but scooter written off.

This was my first insurance claim. I got the other driver's details (he admitted liability at the site), I contacted the insurance company, told them about it, and things proceeded from there.

I was pretty sore for a few days, but didn't know if I had any injuries beyond bruising. So when the solicitors contacted me about a claim, I wasn't eager to go ahead, but also wasn't eager to say I wasn't injured - I simply didn't know.

Anyhow, I ended up with a cheque for the book value of my scooter (£1300 GBP), and that was that. I didn't proceed with a personal injury claim.

Now comes today: I get a county court claim in through my letterbox asking me to pay up £790.64 for "Damages for negligence and or breach of statutory duty arising out of an accident".

Reading the details of the claim, apparently my solicitor (appointed by the insurance company, with a backhander no doubt) submitted a claim as part of a Protocol for Low Value Personal Injury Claims and received fixed legal costs of £480 from the other party (this is, of course, not money I received).

Basically, I didn't go see a doctor to get a medical report and try to extract the maximum amount of money from the kid; I let him off. Silly me. Lesson learned there.

Now that the statute of limitations for the personal injury claim has expired, the other party wants to get the money back, plus interest and costs, and naturally they want it from me, rather than the people who got the money.

Any advice, anyone?

Anyone ever been in a similar situation?

I'm going to be contacting my old solicitors tomorrow, and I'll consider rejecting the claim with the hopes of explaining my case in court, if the cost of the time lost doesn't exceed the amount of the extortion. I don't want to be spending loads of time in Norwich, apparently the county court of choice.

Of course this comes with amazingly bad timing, just as I'm closing a deal to buy a house, and draining my savings on deposit and stamp duty. I can still afford it, it just eats into my safety buffer.
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Bikes: S1000R, SH350; Exes: Vity 125, PS125, YBR125, ER6f, VFR800, Brutale 920, CB600F, SH300x4
Best road ever ridden: www.youtube.com/watch?v=s2MhNxUEYtQ

[Pete.]

Bit confused, but does this mean that the lawyer received a fixed sum for handling a personal injury claim you never filed through them? If that's the case surely they have committed a fraudulent act?

I'd be taking advice immediately, and if it looks like they committed a crime I'd report it to the cops. I would not be contacting them before taking advice.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[barrkel]

[T.C]

Who are you being asked to pay?

Is it the third party (the other side)?

You need clarification of what damages this is for.

If it was for a fast track injury case that never proceeded, the the solicitor would have been paid around £800 fixed fee for doing the work unless liability was contested in which case it gets pulled out the portal system and goes into what is called multi track.

If it was a referal fee, then these were outlawed about 4 years ago.

Statute of limitation for any injury case is 3 years, in other words, you have 3 years from date of knowledge or date of injury, whichever is the sooner to issue proceedings to protect your position and avoid your case being struck out. In the case of damage only crashes, statute of limitation is actually 5 years.

So this is why you need to find out exactly what these alleged damages are.

If your original solicitors have been negligent in the way they conducted your case, then you may have a case for professional negligence, and statute of limitation for these types of cases is 7 years and are becoming increasingly common.

Once you know what these so called damages are, then it will be easier to advise

If they have commited a criminal act, then you need to contact the Solicitors Regulation Authority (https://www.sra.org.uk/home/home.page ) who overeas all law firms and will not hesitate to close them down or interfere if there is suspicion of wrong doing as they have done today with a major personal injury law form called GT law
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Rogerborg]

Not much to add to that except: is there more to the story?

You heard nothing for 3 or 4 years and then out of the blue, a court summons?

Mmm.

Is it actually a court summons, or just a cleverly worded notice before action?

Have you moved address in that time?

What form of negotiation or alternative dispute resolution has the claimant attempted with you? Sounds like none, which would be bad news for them. See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

As it's for a fixed amount, it should be transferred to your local court if you decide to defend it. Ask explicitly anyway.

Don't sweat it too much, you're a long way from owing anyone anything.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[barrkel]

Specifically it's a county court Claim Form.

There are two claimants and two defendants; the two claimants are the chap who caused my accident and Aviva Insurance. The two defendants are myself and my solicitors.

Specifically they allege that I or my solicitors submitted a Claims Notification Form (CNF) under Stage 1 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents pursuant to Part 45 of the Civil Procedure Rules 1998 (CPR). "The CNF intimated inter alia a claim for personal injury."

"In accordance with the Protocol Stage 1 paragraph 6.18 and/or CPR part 45.29, the second claimant paid Stage 1 Protocol fixed legal costs of £480 to the second defendant"

"Pursuant to Stage 2 of the Protocol, the First Defendant was required to obtain a medical report and serve it on the First and/or Second Claimants within a specified period, and then take other steps as required by the Protocol."

This is the first I've heard of it, Rogerborg. Completely out of the blue. No notices through the post, and I've not changed address. It's not a court summons, of course. But it seems clear that if I don't respond in 14 days I'll have a court judgement against me and I'll definitely have to pay.

I'm starting to remember more details about the phone calls I had with the solicitors. They were asking about my bruising etc., basically intimating that even the bruising etc. is worth compensation. I didn't feel good about that at all, which made me not want to pursue anything, visit any doctors and moan about aches and pains, etc.
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Bikes: S1000R, SH350; Exes: Vity 125, PS125, YBR125, ER6f, VFR800, Brutale 920, CB600F, SH300x4
Best road ever ridden: www.youtube.com/watch?v=s2MhNxUEYtQ

[MCN]

Clarify with your solicitor 1st.
Do not enter discussions with the other cnuts or if you do deny everything (don't incriminate yourself).

They are a bit slow and it smells of some fucker has found the tail end of a legal case to chase. Maybe a scammery too.
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Disclaimer: The comments above may be predicted text and not necessarily the opinion of MCN.

[Rogerborg]

You'll want to find the version that applied in 2011, but the 2013 onwards protocol[1] says:

[arthurmo]

If you pop over to London bikers forum and look up someone called Kaos he may be able to help you.

He's not the A team but if you have a problem...if no one else can help and you can find him he's some sort of solicitor
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ducati mutleystrada
Triumph Thruxton old and knackered just like the owner

[James83]

Just to say on the Norwich thing, they only handle it at the paperwork stage. If it actual goes to court, it'll be assigned to a local one. I'm 99% sure from memory that its assigned to the most local court of the defendant. Not sure how that works when there are 2 named defendants.
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Jonathan A wrote: tart.

[Kaya75]

In 2007 I was turning right in a 1970 vw's bay window I'd stopped low sun caused the driver of a little hatchback to tail end me, he was looking at a map, admitted liability, this was London n I'd been sat there a while.. Cuz I was going to France in three weeks, multiple companies involved, long story short, I had a brand new 306 for 9 months and a new haymer motor home for four weeks as I'd already booked the ferry and campsites time off work etc, insurance company told me to keep the 306 as well as the haymer.. I was suspicious so phoned back to return the 306 for the duration of the haymer hire.. I recorded the conversation, they said because the van was a replacement for my holiday I "had" to keep the 306 else I'd "leave" their protection.. I clarified I didn't want the 306 for my holiday they said I had to have both.. All got fixed and un bent etc after 9 months they picked up the 306. 2009 I got a call saying I should have returned the 306 before I took the van, it was " not possible" I could have had both... I phoned back said I didn't really understand and could they repeat it.. I recorded this too.. 2010 I get a summons to appear in county court to attend a civil hearing as I personally was being sued for the full cost if the hire, as I'd broken the agreement and not returned the 306 for 7 months, the total cost was 13.5k!! And I should seek legal advice if I wasn't prepared to pay in full before the hearing!

I didn't seek legal advice.. I went to court, first time at county, only being to magistrates once for knocking a traffic wardens bumper off ( don't ask..) I was sworn in, the judge and about a dozen representatives from various companies there, the judge seemed like he was sorry for me, said he'd spent a day reading the bundles of case note, I mean there was piles of paperwork.. After I'd sworn on the bible.. I was sat at a table not in a dock.. The judge asked me if there was any reason I had not returned the car, I said I was told by " them and co" that I couldn't and that I had tried too.. He asked me if I had any records of my attempts.. I pulled my now old phone out I'd filed with all the other crap and played the two recording... He asked if any of the suits wanted to contest the evidence, they said err no. Judge turned to me apologised for my inconvenience told me I could go, asked me to play the recording again for the benefit of the Clark apologised again and said I may leave and assured me that I'd hear nothing else... I didn't accept for a letter stating that I had nil liability, just wished I could have stayed for the "briefing" that he requested to give the corporate suits....wahoo mofo! Just so happy I'd recorded the calls, I'd have still being paying the b'stards.

After that and after reading all the costs involved I mean it was 13.5k just for the hire, the legal cost was into the 70's!!! If I didn't have solid evidence I hate to say it but I'd probably pay 800 quid and chalk it up to experience...

Still it was one of the coolest things seeing cocky corporate bods go pale and walking out a justifiable free and easy man, I tell you I got pissed that night, and it's pretty cool getting pissed a man free out of court, the people I met that night, it's like "they" know.. "What's with the suit fella? Just got off?".... " oh f'kin yeah" !!!

[flat spot]

Could you not have gone all Judge Judy on them and counter-sued for inconvenience and stress etc etc.?

[barrkel]

So, update: I called up the people who sent me the CC claim letter, asked to see the claim notification form that started the process, and left my details.

In response, a day or two later, I received an email from them telling me that my old solicitors - my co-defendants - have "confirmed they will be settling the matter in full therefore we expect to be discontinuing the claim and closing our file shortly".

I've replied to them asking to write me with confirmation when the file is definitively closed.

Of course this still leaves me with a CC claim letter that I should still respond to in 14 days from last Monday. I can't take the risk of that going unanswered. So I'll be registering a defence, first of not seeing evidence that I signed the claim form, secondly of having instructed my solicitors not to pursue my claim (I have email dating from shortly after the accident asserting this), thirdly of not having received the money that is being demanded back with interest, and fourthly that I believe the matter is already being settled without my involvement, all independent defenses. But if everything goes to plan, I'll never hear any more about it.
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Bikes: S1000R, SH350; Exes: Vity 125, PS125, YBR125, ER6f, VFR800, Brutale 920, CB600F, SH300x4
Best road ever ridden: www.youtube.com/watch?v=s2MhNxUEYtQ

[Rogerborg]

Correct response.

Also fire in that you are shocked and appalled that they have not attempted any "negotiation or some other form of ADR", neither "mediation, a third party facilitating a resolution;arbitration, a third party deciding the dispute; early neutral evaluation, a third party giving an informed opinion on the dispute; and Ombudsmen schemes".

Those words, incant them.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[MCN]

Counter claim for psychological distress and angst caused by the whole affair. Loss of sex drive etc.


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Disclaimer: The comments above may be predicted text and not necessarily the opinion of MCN.