Help filling in a directions form - fast track

[learnerlawyer]

I'm looking for some help filling in a directions questionnaire for a claim my husband and I have received. The amount claimed is to a company with whom we had an insurance policy which related to our small business. The amount on the summons from the solicitor does not correspond to any previous policies we have had with them and as both my husband and I are baffled as to what this amount is for I issued a request under CPR 31 14 for further information.

The solicitor has returned copies of previous policies which we paid and also a policy we had which we cancelled within 14 days as per our rights under the CCA. They have not forwarded any documentation signed by either of us and one of the letters they sent in the information confirms that we had cancelled this policy !

The information they have provided is scant at best and I have submitted a defence stating we vehemently deny we owe any monies to this company and that they have provided insufficient evidence for me to comment further.

I have now received a directions questionnaire which I must return, however I cannot answer half the questions as I really have no idea why this company feels we owe them any money. Would the correct course of action be to contact the solicitors and tell them that we have no idea what they're talking about ? Or would it be better to leave it for the court to sort ? There is an option on the form for the matter to stayed but the question before it states 'would you like to settle at this stage ' - does this mean I would have to pay them ?

Any help would be gratefully received

Thank You

[Amethyst]

Hmmm, sounds like a difficult situation for you. I think you are right to be trying to find out exactly what this is to enable you to defend it properly.

Was the small business a Ltd company ? and were the insurances business insurances ? ( different cancellation rules may apply, if a business contract then it may not have been cancellable.

one of the letters they sent in the information confirms that we had cancelled this policy !

although that probably makes up for that)

Have you managed to speak to the Insurers at all and asked them about the amount allegedly owed ?

Does the actual claim particulars give any clues at all ?

[Diana M]

baffled as to what this amount is for I issued a request under CPR 31 14 for further information.. . . .

The information they have provided is scant at best and I have submitted a defence stating we vehemently deny we owe any monies to this company and that they have provided insufficient evidence for me to comment further.

. . . I cannot answer half the questions as I really have no idea why this company feels we owe them any money. Would the correct course of action be to contact the solicitors and tell them that we have no idea what they're talking about ? Or would it be better to leave it for the court to sort ?

Have you considered Part 18 Questions?

Link > https://www.justice.gov.uk/courts/pr...rt18/pd_part18

Di

[learnerlawyer]

We are a partnership not a limited company and all the particulars of claim say is ' amount of xxx in respect of premiums due to the claimant from the defendant, full particulars of which have been delivered to the defendant ' which is utter codswallop !

[des8]

If you cancel a policy within the 14 day cooling off period insurers can charge a time on risk premium for the period between inception and cancellation, plus an administration charge.
Not knowing what type of policy nor amount of annual premium, nor whether this claim is from the actual insurers or a broker who holds a binding authority it is impossible to make further comment