court proceedings will be served on you(where is the pre action protocal)

[steveeasy]

Hi,
received a letter early jan this year from a solicitor notifying us he had submitted a CPR part 8 application. he sent through a blank court form and notified us of an incident in june 2019. we asked him if he had written to us earlier and he said in jan 2019(which was 6 months before alleged incident.

So asked him how he had notified us of the incident and he said he would respond. he did not. he then asked for our insurance again. we wrote to him this morning saying we did not have cover during this period and within 5 mins he responded saying court proceedings will be served on us without further notice.

we have asked for details of his clients claims. his remedy he is seeking and notified him of pre action protocal to in simple terms avoid court action. no response. I can see now he wanted to make a claim to an insurance company. earn lots of money nice and easy. but if there is no insurance surely he has to provide us with some detail over what he is claiming and why for his client. Our medics on the day have no record of any injury or incident to the claimant. everyone is directed to them to record incidents and receive professional medical treatment. this person seams to have refused this.

Any advice appreciated.
Steveeasy

[des8]

Is this a follow up to your earlier thread: https://legalbeagles.info/forums/for...-up-cpr-part-8

[steveeasy]

Hi Des8,
Yes it is. I received in Jan notice that in August last year they submitted Part 8 application for disclosure. I got a blank court paper only. I requested a letter before claim with details of claimants injury and detail in order to respond. nothing. I wrote again this morning asking them to provide detail as I understand I need to respond to letter of claim and simply got told proceeding will be instigated. So I asked about pre action protocal and received the following.


I attach again an email dated 30^th of June 2020 with letter of claim attached in accordance with the pre-action protocol.



You may or may not be aware that you have 3 months from the date of the letter of claim to respond and as you have not done so we have assumed that liability is denied.



The next step is to institute court proceedings although as you have failed to provide any disclosure documentation we have written to the court asking them to issue a claim under part 8 of the civil procedure rules for disclosure of documentation. We were advised this week that the application will be issued shortly and served upon you.



It is noted once again that you do not intend to utilise any insurance cover in relation to this claim and that you intend to defend the claim personally

I cant believe they can make an application to court to issue a claim without providing any details of the claim and giving me the chance to respond to a potential claim. I cant contact or write to the court as ive no idea where it is being held. Are they abusing the system here. it is becoming clear they just wanted to use insurers that we did not have at the time.

thank you
Steveeasy

[steveeasy]

Allthough I have no idea other than grazes to arm what the claimants injuries are that apparently happened 2 years ago. the solicitor has said he sent a letter before claim/action last year. I had 3 months to respond. I new nothing about it and he says we have lost our right to defend the claim.

His letter before action provides nothing other than a very brief outline of what took place. I have no idea if it was minor or major. no report, no account for financial loss. so how can a defendant respond if he has no details.

the part 8 application however is for the claimants solicitor to obtain lots of information such as safety reports to build a case against me. then he submits a huge claim when if it was a small injury and dealt with fairly in line with pre action protocol to avoid unnecessary litigation could be settled now. is this not a case of the defendants solicitor wanting to earn huge fees with a simple insurance claim.

All I need to know is should I have been provided with a valid court paper dated and stamped by the courts. I discussed this with my local court today and she was supprised given it was submitted last august we have not got a valid claim form so Ican make a representation before a decision.

Thank you
Steveeasy

[des8]

I think you should start work gathering your evidence and working on your witness statement.

Nothing more to be done until the claim arrives.

[steveeasy]

Hi Des8,
Thank you for the advice. So No pre action protocol. sounds like an abuse of the system not being able to respond.
Thank you
steveeasy

[des8]

You bring the lack of preaction protocol to the courts attention in due course, altho' it won't be fatal to a claim