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county court claim RTA in protective proceedings stage

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  • county court claim RTA in protective proceedings stage

    Hi all, I have had you guys recommended for some help so I am trying to to use this forum as I am a lay person attempting to deal with this claim.

    With out boring you guys I will just put key facts

    RTA accident damaged by business beyond repair, a car drove in to it.

    Car was insured driver unknown , car left scene in early hours with no immediate witness

    1 year on investigating, found car, found some witnesses

    phoned car insurance, owner denied being there and made false receipt of sale dated before accident

    found out from dvla that owner disposed of car 1 month after accident

    phoned insurance again, told them policy holder lied, gave them proof, they took 2 wks to confirm policy holder not cooperating or responding to request for explanation of contradiction

    Insurance agree to deal with claim, confirms on 3 telephone conversations and admit liability
    confirms to deal with claim in writing
    confirms in another letter to accept liability but writes at the bottom of final letter with out prejudice

    Solicitor and loss adjuster in constant communication with Insurance company assimilating losses and costs

    over 6 months later meet Insurance company loss adjuster and a week later they say they with drawing the liability admitted previously

    NB . Without prejudice wrote on last letter but after at least 3 admissions and acceptance to deal with claim.
    NB. at time of writing with out prejudice there was no dispute

    Issued against all parties. These are my questions to you guys -

    Now they want it the case transferred to construction and technology court ? why? good or bad move?

    They lied in the statement of truth to have transfer requested by saying the car was not insured when MID have confirmed it was and it was confirmed to all parties in previous papers.

    They threatened that if I took them to court they would apply to the court to have liability revoked but not have done.

    They saying the liability was with out prejudice so it does not commit them.

    They wont release the taped conversations even with a data protection request of calls admitting liability and no cooperation from policy holder.

    CCMS IN MONTH I would like it set aside.

    I think I should request judgment on enforcing the liability based on previous admissions and improper use of with out prejudice

    Thats all for now, any help would be appreciated.
    Tags: None

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