Insurance debt

magpiecottage

So the claim is for a total of £3,100 (maybe plus a bit of interest).

So if there is a claim via the court, you will have an opportunity to deny/defend it. This must be done quickly (usually within 14 days). It would probably be done online so it might be worth getting a (free) Government Gateway account set up now, just in case.

If the defence is that the accident occurred despite reasonable precautions then if they wish to pursue it, I believe they would need to take it to a county court. That would need to be local to the respondent (i.e. the dog's owner).

Then somebody would need to turn up in court - probably a solicitor acting for the insurance company. A claim of under £10,000 in England or Wales would probably go down the Small Claims route and they would not be entitled to costs back (except perhaps travel costs).

It is unlikely to be worth the insurer's time if the respondent has no insurance cover anyway.

luaive

So its been a few months and another letter has arrived, saying they had given us enough time to pay and if payment wasn't made in 7 days that they would start court action and that the letter was our warning as per section 5? of the road act 1988 or something, I dont have the letter to hand atm. I just want to pay it and get it sorted, I have credit cards I can use and just pay it off asap, but my husband is adamant hes not paying I worry its going to end up with us having court costs too

maddogb

I don't understand here, did you or the hubby anything do anything wrong? if so why have you not paid if not why the hell would you consider paying?

MoneyMission2015

luaive wrote: »

So its been a few months and another letter has arrived, saying they had given us enough time to pay and if payment wasn't made in 7 days that they would start court action and that the letter was our warning as per section 5? of the road act 1988 or something, I dont have the letter to hand atm. I just want to pay it and get it sorted, I have credit cards I can use and just pay it off asap, but my husband is adamant hes not paying I worry its going to end up with us having court costs too

As Huckster said back in May, wait for the letter from their solicitors and then respond with the letter that Huckster provided. I can appreciate you're worried about this, but you can't pay something just because you're stressing, only pay for it if you are proved liable.

luaive

So a letter arrived about a week ago, from a solicitor, again demanding payment or court action, hubby again has done nothing about it

Blibble

luaive wrote: »

So a letter arrived about a week ago, from a solicitor, again demanding payment or court action, hubby again has done nothing about it

I realise it's stressful and been ongoing a while, however if it's taken the third party insurer a year to issue starter kits for precisely three paper aeroplanes it wouldn't appear that they think they would actually win in court.

Copy the letter, store it somewhere safe, and burn the original whilst cackling maniacally.

Until you get a Letter Before Action, this is the advice every time on this one.

luaive

We are instructed by (name of original insurance company) then gives details about the accident and the fact they haven't been reimbursed. The insurance have paid out to the car owner. We wish to make you aware that if they fail to receive the amount due (amount given) within the next 14 days we will issue county court proceedings against you directly.

And then says to pay the solicitor (not the original insurers)

luaive

So a year later a letter pops through the post, dragging all this back to the surface again Court papers, which means now there is even more money owed My husband says his boss knows someone who is a solicitor and is going to pass a message onto him, but then no guarantee he can help, and its again more fees! The papers say the collision was caused by the negligence of the defence by A) Failing to restrain the dog adequately or at all. Failing to exercise any or adequate control over the dog. C) Failing to take any or adequate steps to prevent the dog from straying out into the roadway.

sheramber

luaive wrote: »

So a year later a letter pops through the post, dragging all this back to the surface again Court papers, which means now there is even more money owed My husband says his boss knows someone who is a solicitor and is going to pass a message onto him, but then no guarantee he can help, and its again more fees! The papers say the collision was caused by the negligence of the defence by A) Failing to restrain the dog adequately or at all. Failing to exercise any or adequate control over the dog. C) Failing to take any or adequate steps to prevent the dog from straying out into the roadway.

Do any of these apply?

I don't think you have explained how the dog came to be able to run across the road.

Was it being walked off leash near the road?

Was it let out of the house?

What kind of court papers? Is it a judgement against him or a notice of a hearing?

luaive

She was chained outside and her collar broke, I wasn't there at the time and so am going on what I was told. Husband has got a solictitor who is charging £200 an hour :O what worries me is that the contract says his bill is possibly going to be £500 for the advice given, what that he charges £200 an hour? My husband thinks that's going to be the total bill from him but I think its going to go a lot higher I just don't see how a court is going to find a person driving a car on the road (even thou with their stopping distance they were speeding) to be the one in the wrong. I just wanted to pay the bill and have it done, this is probably going to end up costing us twice (if not more)as much