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    • ss92
    • By ss92 1st Dec 17, 12:08 PM
    • 1Posts
    • 1Thanks
    Personal injury claim fee
    • #1
    • 1st Dec 17, 12:08 PM
    Personal injury claim fee 1st Dec 17 at 12:08 PM
    I received a call about a year ago from a claim company re an accident i had recently had (the calls we all usually hang up on!), however as I actually had a accident recently i decided to hear what they had to say. They explained to me that my efforts in the whole process will be minimal and they will chase everything with the usual time frame being 12 weeks.
    However following this i had to attend various physio and doctor appointments- even though i was completely honest and said that i no longer had injuries and i had cared for my injuries with pain killers myself for a few weeks when it initially happened. i did not want any room for lies.
    anyway, after this a lawyer also came to my house to get me to sign things and i specifically asked will i be needing to go court to which she said definitely no. at no point did she tell me anything about cancelling either.
    now almost a year later the company says i need to attend court and see a judge as well as the person i had the accident with! I explained to them I am really uncomfortable with this. i feel extremely anxious and stressed and have cried a lot about all this. the company have now told me i can cancel but i will need to pay over 800 to them! even though if i won my case they would have only got about 600?!. i cannot afford this and i feel like i shouldn't have too as i genuinely have never been told anything about this and they have been terrible with communicating and also taken extremely long with everything.

    can anyone help me is there anything i can do to fix this?? i appreciate any help x
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    • zx81
    • By zx81 1st Dec 17, 12:19 PM
    • 16,832 Posts
    • 17,838 Thanks
    • #2
    • 1st Dec 17, 12:19 PM
    • #2
    • 1st Dec 17, 12:19 PM
    The terms of your contract with them will be laid out in the paperwork you signed. That will give you your options.

    It would be reasonable to expect you to repeat your allegations in court, to give the other side an opportunity to defend themselves. As long as you are honesT in your testimony, it shouldn't be too traumatic.
    • Mersey
    • By Mersey 1st Dec 17, 3:46 PM
    • 1,663 Posts
    • 788 Thanks
    • #3
    • 1st Dec 17, 3:46 PM
    • #3
    • 1st Dec 17, 3:46 PM
    By the sounds of it, it isn't the other side who need to defend themselves, but this claims company.

    All CMCs have to be registered with the Ministry of Justice, so it can be checked if they are registrered.

    If they are a law firm, they can be reported to the Solicitors' Regulation Authority for such practice.

    Sadly, there've been quite a number of cases of late where cases proceeded to Court, only for it to be revealed that either the claimant had never signed any Claim Form or that they had been misrepresented as to their contents before signing.

    Although usually it's a genuine accident/injury, with fraudulent extra heads of claim such as credit hire or loss of earnings added on, rather than there being no injury at all.

    You should have received a physical copy - and agreed to - the contents of any medical report (as this will have been attached to your Claim Form and Particulars of Claim).

    [Whilst it is true that a law firm can recover their costs from a lay client who fails to attend court or provide instructions, this is not the case where the claim itself is fraudulent, as it is this law firm who will have to pay the costs of the insurer's law firm (the other side). Indeed, a solicitor can be disciplined and even struck off the Roll - and even non-qualified staff can be barred from ever working in the legal profession again]

    You can report the matter to the SRA online, or you can write to the Court detailing the above.
    Last edited by Mersey; 01-12-2017 at 3:50 PM.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
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