County Claim CP Plus/ DCB Legal

BellieBe

Fair enough, Life is short! Yeah will do, he’s just super busy with work so I’m the sorry person prepping it.

BellieBe

beamerguy said:

 

Regarding your interest claim. You are claiming for amounts that are over 5 years old and I will question with the court as to why you took so long to bring a claim and such interest cannot be justified.

Beamerguy, should I mention about the interest/ length of time in my defence? Thanks

BellieBe

Need to get this sent by Monday so any final thoughts/corrections would be great if anyone has time. 

Redx

Bear in mind that POFA is always a legal argument when the driver has not been disclosed

As well as both of you being insured on it , so am I and thousands of other comprehensive insurance policy holders , the police , mechanics , all sorts of policy holders. The insurance angle is a red herring even if only the policyholder is named on the policy

Bear in mind that all legal arguments should be included , if they are considered incorrect then let the judge reject them, ditto with the interest being claimed as well, chuck everything in

beamerguy

BellieBe said:

beamerguy said:

 

Regarding your interest claim. You are claiming for amounts that are over 5 years old and I will question with the court as to why you took so long to bring a claim and such interest cannot be justified.

Beamerguy, should I mention about the interest/ length of time in my defence? Thanks

I would, you are fighting everything claimed.

Just asking why they took so long puts the thought in the Judges mind.  In saying that, most judges will deduct it anyway. When you win, of course there is nothing to pay and you can claim your costs

nosferatu1001

It will also be incorrectly calcualted; interest can never be due from the day of incident, yet thats the day they will have used. 

BellieBe

Redx said:

Bear in mind that POFA is always a legal argument when the driver has not been disclosed

As well as both of you being insured on it , so am I and thousands of other comprehensive insurance policy holders , the police , mechanics , all sorts of policy holders. The insurance angle is a red herring even if only the policyholder is named on the policy

Bear in mind that all legal arguments should be included , if they are considered incorrect then let the judge reject them, ditto with the interest being claimed as well, chuck everything in

That’s a good point- answers my next question: how I was meant to prove that when I definitely don’t have records of insurance from 14/15! 

BellieBe

Ok Beamerguy & nosferatu1001 I’ll add a section about Interest miscalculation & length of time. Thx

Coupon-mad

paragraph 2.f “The notice must warn the keeper that if, after the period of 28 days,

Don't paraphrase/change the wording of that Act.  The above is not what 9(2)f says about the 28 days, not quite.

The rest looks fine. 
Make sure your husband is ready for the next stages as explained in the NEWBIES thread.

BellieBe

beamerguy said:

This is what I would send DCBL ..... despite the claim, you can still send this and it is a letter you can show to court.

bearmerguy I sent the letter you suggested but haven't heard back yet. Do I need to reference the letter in my defence to show it in court or can it be submitted later/ witness statement stage? Thanks!