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Received a County Court Claim Form, what to do?

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  • Received a County Court Claim Form, what to do?

    Almost a year ago my wife had a little bump, nothing serious, rear corner lightly damaged to the other car. Obviously insurance covered, as far as I remember that was an unmarked private(checked online and the car is registered as a private vehicle) car little Hyundai I40.
    Just received a Court Claim Form. Claimant is not a private person, but a company selling some medical equipment. They are suing for:
    Repair Costs (Excess only in this case) - £250
    Hire of temporary replacement vehicle (net of fuel) - £368.88
    Interest under Section 69 CCA 1984 (to date)
    (the claimant will also claim continuing interest if appropriate) - £27.17

    Amount Claimed £646.05
    Court fee £70
    Solicitor's costs £70

    Someone have had the same problem?
    Don't understand why they want money form me? If they are going through my insurance they would not pay any excess and why they claim the fuel money? Net it will be around 250l. I doubt this car was repaired longer than a week, 250l in that time? They must hire a replacement lorry instead of a car, second this guy is from Swindon and travel to Stroud area- no way to burn that much fuel for a private use vehicle. Third he would need to pay for that fuel driving his own vehicle anyway. Completely don't understand that claim against me...
    Please can someone advice how to defend myself.
    Tags: None

  • #2
    Re: Received a County Court Claim Form, what to do?

    Firstly, acknowledge receipt of the claim.

    Secondly, contact your insurance company to see how this claim was settled.

    It is difficult to see why, if your wife was at fault, and her insurance paid out, their excess is involved. Furthermore, any claim for car hire, down time and so forth, would have been submitted directly to your insurers.

    Frankly, it looks as if they are trying it on.

    Put them to proof - receipts for vehicle hire, fuel, and so on. In short, everything.
    Last edited by enquirer; 3rd February 2014, 21:09:PM.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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