Credit Van Hire

CuddleyDuddley14

Hallo I am back again after several weeks of silence from AMC they have now received a defence from TP Solicitors. Despite telling me late August that once this was received they would review the whole file and then contact me with a complete update well as per normal with this company that has not happened but have received an email stating they have lodged a Directions Questionaire with no explanation of what this is . I have googled it but too much legal jargon for my elderly brain to understand so am hoping one of you kind gentlemen could explain in plain English Thanking in advance 

DullGreyGuy

CuddleyDuddley14 said:

Hallo I am back again after several weeks of silence from AMC they have now received a defence from TP Solicitors. Despite telling me late August that once this was received they would review the whole file and then contact me with a complete update well as per normal with this company that has not happened but have received an email stating they have lodged a Directions Questionaire with no explanation of what this is . I have googled it but too much legal jargon for my elderly brain to understand so am hoping one of you kind gentlemen could explain in plain English Thanking in advance 

Directions Questionnaire comes after someone has lodge a claim in the courts and the other party has confirmed that they intend to defend it. Its basically there to decide if the case should be held in person, online or by written evidence only, similarly how much court time should be reserved, a couple of hours (small track), half a day or two (fast track), more than two days (multi-track).  This has consequences for the practicalities of the claim but also the costs involved. 

The later is mainly driven by the value of the claim but parties are invited to argue that despite low value its very complex or despite high value its very low complexity to try and move into a higher or lower track.

CuddleyDuddley14

 I knew I could rely on you to explain in straightforward terms so yet another big thank you. I can only assume although the sum is in excess of £50.000 it is in my opinion not complex AMC and TPI have both made errors during the initial claim resulting in Credit Van Hire being ongoing for months leading to the excessive amount outstanding .Thank you once again .

DullGreyGuy

CuddleyDuddley14 said:

 I knew I could rely on you to explain in straightforward terms so yet another big thank you. I can only assume although the sum is in excess of £50.000 it is in my opinion not complex AMC and TPI have both made errors during the initial claim resulting in Credit Van Hire being ongoing for months leading to the excessive amount outstanding .Thank you once again .

£50k would put it into Multi-Track as the Fast Track limit is £25k, in multi-track full legal costs can be claimed from the losing side whereas in fast track the legal costs are fixed fee based on the claim value. (for completeness, legal costs cannot be claimed in small track)

When its insurer -v- insurer and the dispute is liability then they can come to agreements to keep costs out the claim to get it into a lower track but to be settled on the same basis. If its quantum (the value) thats in dispute then there is no option as they need to judge to opine on it. 

CuddleyDuddley14

Thank you once again .Have managed to talk to AMC this morning and have been sent other sides defence which is like reading double Dutch but AM solicitor says it is basically a template that is used in these cases. The other side have asked for Fast Track as no complexity and have at long last admitted to liability but not to extremely large hire charges and length of hire . AM solicitor has now put a settlement figure to them and is awaiting a reply no doubt it will go backwards and forwards for weeks now but at least I have a better idea of what to expect Keep an eye out as no doubt will be seeking your help again 

CuddleyDuddley14

Well here I am back again for some more advice We now have a Court Directions and a Court Date trying to get information from AMC is hard work Today Witness Statements were signed Disclosure was last month What I really want to know is now Disclosure has been submitted can they ask for any more documentation ie bank statements end of year accounts etc The AMC say negotiations  are on going but won’t tell me what settlement figure has been offered to third party have I got a right to know. Have requested a phone call with a Team Leader today as feel I am being fobbed off constantly and also find the wording of some of the documents they send very intimidating especially The Statement Of Facts I am assuming it is something sent out as a generic document but being elderly and never having dealt with Court procedure before it is very stressful Thanks in advance for any advice you guys can offer 

DullGreyGuy

CuddleyDuddley14 said:

Well here I am back again for some more advice We now have a Court Directions and a Court Date trying to get information from AMC is hard work Today Witness Statements were signed Disclosure was last month What I really want to know is now Disclosure has been submitted can they ask for any more documentation ie bank statements end of year accounts etc The AMC say negotiations  are on going but won’t tell me what settlement figure has been offered to third party have I got a right to know. Have requested a phone call with a Team Leader today as feel I am being fobbed off constantly and also find the wording of some of the documents they send very intimidating especially The Statement Of Facts I am assuming it is something sent out as a generic document but being elderly and never having dealt with Court procedure before it is very stressful Thanks in advance for any advice you guys can offer 

You are the one suing the third party so you should be told if you are really interested but most people ultimately arent. It's a regular dance between insurers and credit hire companies that ultimately gets resolved at some point along the line. 

Exactly what they ask for will depend somewhat on what arguments the defence are making. Normally there is a question raised on mitigating losses, or certainly in my day there was, and statements were asked to prove that someone couldn't afford an indefinite hire on a spot rate and hence had to turn to credit. If they dont argue that point then there is no need for them to prove that credit was required. 

CuddleyDuddley14

Knew I could rely on you to help me out yet again To date we have only had to supply one bank statement and that was months ago . To date Disclosure has come and gone Witness Statements have been signed and according to Court Directions next step is final financial costs due to be submitted in April AMC have said they are 9/10ths on the way to a settlement but to be frank I doubt most stuff that comes out of their mouths. I am now waiting on a phone call from a team leader as I am at my wits end with the debacle of this no fault claim They keep saying they have everything they need then weeks later come back for more 😡

DullGreyGuy

Just leave them to get on with it, it's their money and just do what they ask when they ask it. 

CuddleyDuddley14

Well here I am again At long last and two weeks before the Court Case was due a settlement has been reached after two long years of stress and anxiety they have informed us today that we do not have to attend Court Just wanted to say thank you to the guys that took the time to reply your advice and comments did help especially in the early days 👏👏