car crash update and advice needed please!!

Quentin

When is the hearing for this set for?

bikingbarney

it hasnt been set yet as his solicitors are struggling to reach him as he is on business in america.

my solicitor managed to get hold of me and ive been 8000 miles away in the falklands without any worry so i think they are using it as a stalling technique.

Quentin

In that case its months and months away.

Thought it was up and coming! Best to try and forget about it till there is a development - otherwise it'll take over your life - bearing in mind the hundreds of posts here since the incident last year!

Which side is the claimant here?

bikingbarney

Quentin wrote: »

In that case its months and months away.

Thought it was up and coming! Best to try and forget about it till there is a development - otherwise it'll take over your life - bearing in mind the hundreds of posts here since the incident last year!

Which side is the claimant here?

I dont understand what you mean ??

bikingbarney

this is his statement.

"My vehicle was in left hand lane to go straight on as per arrows in road. mr h...... vehicle was in lane to my right in lane with arrows pointing straight on or right. When lights changed i drove straight on, he turned left across me and hit the front right hand(offside) of my vehicle.

that is all he worte.

looking at his drawing above his statement he has missed out all the road markings and has drew a little box fo his car with arrows showing that he intended tpo carry on past the exit he should of took.

Quentin

bikingbarney wrote: »

I dont understand what you mean ??

If you have no date for a court hearing, then it won't be held for months to come.

I asked about which side was threatening the court action, but have discovered it is the other side (ie you will be the defendant)

So as no application has been made for a hearing after all this time, then it may be a tactic to try and bring matters to a head.

bikingbarney

i have been sent papers from chester court saying that he is holding me responsible . i was told to pass these onto my solicitor.

what are your opinions on his statement?

Quentin

bikingbarney wrote: »

what are your opinions on his statement?

Seems he has told the truth as he sees it.

(But as you haven't heard about a hearing yet, there may not be one - there are time limits for each side to submit the written submissions which determine whether or not a claim ends up as a hearing - your solicitor should be able to advise on this:

eg. Once the summons has been issued, then you have up to 28 days to submit your written defence (or admit the claim). Then the other side has another month to submit a more detailed statement if they want to pursue the matter after seeing your response.

Then you get a month to submit your detailed defence etc etc! Eventually the paperwork stops and a hearing is set, but it will be a long time in the future, and plenty of time for an out of court settlement to be thrashed out prior to the court date.

bikingbarney

i know my solicitor has submitted my first defence then as she sent a copy to me. it seems his side have gone quiet since this was submitted.

Quentin

bikingbarney wrote: »

i know my solicitor has submitted my first defence then as she sent a copy to me. it seems his side have gone quiet since this was submitted.

In your case (as described in the threads) a counterclaim would be usual. (ie You deny owing anything to the defendant, but want to claim off him for costs for the damage you believe he has done to your vehicle). Did you make one? (What happened about your excess?)

All these things add to the timescales, and they don't follow in order (eg. the set time allowed for replying to a defence (or counterclaim) only starts when the court get round to sending out the relevant documents to the party concerned, and this does change from court to court depending how busy they are).

It is a long drawn out business, though your solicitor should be able to tell you if the case is proceeding. (Or whether negotiations are going on separately to resolve this before a hearing)