Received a claim from Hadfield and Co Solicitors

[Project101]

Below is what I am looking to submit as defence

can someone give it a once Over and let me know what they think?


To whom it may concern,

I am writing to defend the claim that has been put forward by Calpe Insurance.


As the excess they levy on a statutory liability is highly unusual it is not sufficient for this to just be mentioned in documents or leaflets. The customers should be made informed of this in transparent manner where all details are bought to their attention. I feel like not enough was done in this case for me to be made fully aware of a scenario where I would have to pay such a large sum.


This can be seen as unfair trading by the insurers as they are by contract entering me into a future possible credit debt obligation just by having an accident by a third party. There is no affordability measures taken into account by the insurer or broker to ensure that an excess of this amount is even affordable as I am sure many people will have problems paying a large sum like this when demanded by an insurance company. There are many other individuals who are in the same situation as can be seen by conducting a simple google search. The broker or insurers also did not provide any clear explicit warning of what would happen in the event of an accident and I feel this is unfair. Most people when buying insurance would believe they have excess free cover against third party claims and if this insurance was totally different there should be clear upfront warnings about this.


This insurance company is not regulated by the FCA and I believe it would fail to comply with many of the insurance conduct of business rules. Based on the above specifically “2.2 communications to clients and financial promotions.”

[Amethyst]

Okay you need to format it as a defence and respond directly to the particulars of claim...
We might need more information about the actual insurance claim made against you

e. They provided everything to me but it was slightly late so they provided me some extra time to enter a defence

as we haven't seen any of these documents so very difficult but a defence should be more like this than your letter ...


Defence

1.The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all.

2.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

3.The Claimant's particulars of claim state the claim is for a sum of £3450 in respect of an "overdue insurance excess together with costs."

4. The Claimant has not provided any further detail regarding their claim, nor any breakdown of how the sum claimed has arisen or been calculatied. The Claimant is put to Strict Proof. ( obviously without knowing more can't really help respond to specific allegations)

5. The Claimant is an Insurance Company ( Underwriters - not sure if claimant is Calpe or XS Direct ???).

6. Companies acting as Insurance are required under the Financial Services and Markets Act 2000 to be regulated by the Financial Conduct Authority ................. make that point that they aren't regulated - if that is the case.

7. In xxxxxx I did have car insurance with xxxxxxxx underwritten by xxxxxxxxxxxx

8. I have never made a claim for damage to my vehichle against the insurance nor been at fault in any accident ... The Claimant is put to strict proof.

9. The Claimant has ..........
.......
...........
25. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Statement of Truth
The Defendant believes that the facts stated in the Defence are true.

Signed

Date

[Amethyst]

Re this

This insurance company is not regulated by the FCA and I believe it would fail to comply with many of the insurance conduct of business rules. Based on the above specifically “2.2 communications to clients and financial promotions.”

Who isn't authorised ? Not sure which company the claim is from - insurance broker ( xs ) or underwriter - ( calpe ) ?


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[Project101]

Re this



Who isn't authorised ? Not sure which company the claim is from - insurance broker ( xs ) or underwriter - ( calpe ) ?


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XS Direct are the front company - they have started calling themselves brokers.

Calpe insurance is the parent company that is making the claim- they are regulated in Ireland - not sure if this is the same as FCA? eitherway I do not believe they comply with '2.2 communications to clients and financial promotions.'

[des8]

No problem if the court stayed the proceedings.
Did the court notify you of the stay?

[Project101]

Court did not notify me but I have posted the defence and have received acknowledgment of defence. They have served a copy to the claimant/solicitors so let’s see what happens from here!

[des8]

Calpe Insurance Co Ltd are EEA authorised and therefore may offer services in the UK.
They are based in Gibraltar and are "passported" into UK

Calpe Insurance Company Limited is a wholly owned subsidiary of TransRe, a leading Global Reinsurer since 1977, which in turn is a wholly owned subsidiary of Alleghany Corporation

[Project101]

Hello guys,

just logged onto the money claim website can see my defence was received on the 18th March, has now been 28 days since this and have not received any response. Does this now mean the judgement has been stayed?

thanks

[GBExile]

Hello guys,

just logged onto the money claim website can see my defence was received on the 18th March, has now been 28 days since this and have not received any response. Does this now mean the judgement has been stayed?

thanks

Treat everything as proceeding as normal until you get a formal letter/acknowledgment/order/directions/notice from the court.

[Project101]

Hi guys,

i have receiced a defence questionaire regarding above and it says it appears this case is suitable for allocation to the small claims track. Does this mean someone has had a look at my defence and thinks I am still liable to pay?

Thanks

[GBExile]

Hi guys,

i have receiced a defence questionaire regarding above and it says it appears this case is suitable for allocation to the small claims track. Does this mean someone has had a look at my defence and thinks I am still liable to pay?

Thanks

The only thing it means is a clerk had a brief look that you filed a defence & the court process will carry on. No weight is given to either side until the hearing unless they or you win by default at a later stage by not following the instructions of the court.

[Project101]

Hi guys,


Just filling this form out, is there anything I need to be aware of? I do not want to incur any expenses as a result of this?

Thanks

[Project101]

And also is it worth going through mediation to see if this can be settled before going to court?

[des8]

Presumably it is the N180 questionnaire you are completing and should be straightforward.
Agree to mediation .... looks as if you have tried to settle out of court even if you don't come to an agreement

[Project101]

Hey guys,

Just to keep you guys posted on this - managed to come to a settlement during mediation a lot lower than the amount they requested from me initially.

You can close this thread and thank you all for your help!!