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Motorcycle claim, defendant not filed papers - Minster law still dragging their feet

edited 30 November -1 at 1:00AM in Motoring
4 replies 2.2K views
redsclubbedupredsclubbedup Forumite
137 Posts
edited 30 November -1 at 1:00AM in Motoring
I got knocked off of my motorcycle nearly a year ago now.

It went to insurance companies to sort out, and I agreed I would settle 50:50 to get it over with quickly ! not wanting to go into the ins and outs massivley - but basically i was filtering and guy came out of side road, blocking my path and i went into him as the road was blocked and couldnt swerve to avoid - his poilce statement even admits he did not see me !)

He has dug his heals in for 80:20 in his favour - thankfully minster law agreed that this was not fair, and have issue it to court, after months worth of emails !

they do just seem to be dragging their feet alot

they issues papers to the court, and told me the other party had a month to respond. They did not, but were granted an extension - this extension ran out yesterday, I was told they would not get another one

as they have sent nothing in by the date i asked them if the court now finds in my favour - and this is there response -

I have asked the Court to enter Judgment in your favour, however if the Defendant's have sent a Defence to the Court, our Judgment request will be ignored. Also, even if the Defence is a little late, the Court may still ignore our request. The Court must ensure that both parties have a fair hearing and will allow late service of a Defence.

jst want ot know if this is true ??? last time i spoke to them they told me that the extension was final and they had to respond by that date, now they are saying, that its not final and they could send in the documents late and it will still be filed

does anyone know if this is correct ??? seems they are giving me conflicitng information !

Thanks

Ian

Replies

  • mikey72mikey72 Forumite
    14.7K Posts
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    Usually if they don't respond and you ask for a judgement, if they then respond before the judgement is issued, any response will be considered. It the judgement is issued, it's then too late for them. So it's both right in a way.
  • great thanks for the info !

    as you seem to have an idea of the process, do you know what kind of time frame I am looking at ?

    The request for judgement was sent out this morning - is it a weeks job or a month to actually get it put through ???

    Thanks
  • mikey72mikey72 Forumite
    14.7K Posts
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    I don't know that I'm afraid, I'm just at the stage were the defence was entered the day after I could have asked for a judgement, but I hadn't. So my claim is now ongoing for a while.
    I don't get the impression it's a long time though.
  • thanks mikey - trying to get info out of minster law is like trying to get blood out of a stone !" this is the 4th person i have had on my "account" and its nearly a year later - and still nothing sorted.

    thank god i had another mode of transport or i would have been in a real fix !
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