Is 5 years reasonable?

[GROWLER]

I won't drag the tale out on this first post, but it's a very sorry tale and something that's come back to haunt me from 28/05/2003.

I was working on a car at a main stealer, left the keys in the ignition with the engine running, as I was using the air con. to cool the very hot interior down whilst furnishing some repairs to the dashboard.
Finished the main part of the repair, and casually sauntered back to my van approx 10-15' away to retrieve a tin of spray paint to finish the job off.
Whilst my back was turned a spotty young arse hole jumped in the car and drove it away at great speed off the forecourt.

Now to cut all the details and mitigating circumstances out, of which their are a few, in essence, the garages insurance paid them out, but initially pursued me with a counter claim to retrieve their loss of £6600.
My solicitor, on my instructions, offered them £2000 using 'article 36' to settle the matter. This they turned down and no more was heard, when out of the blue I received a letter from some random solicitor a few weeks ago, demanding payment in full, + £20 costs so far.

The shock was immense following 5 years of no correspondance. Here we go again then it seems.
They have just 14 more months to get this settled (6 year ruling) and I'm buggered if I'm going to let them win. I intend fighting this myself through the courts if needs be.
If they win, then my 'other new business' will probably have to be closed to fund the costs which will be a very very sad day after all the effort and money I've thrown at it.

Anyone in here with any civil litigation experience? Do, as has been suggested on another forum, you think that the judge will be asking some serious questions to the insurance company as to exactly WHY they have taken so long to resurrect this case, and just how difficult will it be to conduct my own defence in a civil court hearing?

I am NOT paying £160 an hour  for some jumped up stinking rich brief to shuffle a few papers around, and state the facts as instructed by me, when I can bloody well say it myself whilst shuffling me own flamin' papers.

To answer a well asked question before you ask it....NO, I haven't got any legal cover that's valid for this case, and my insurance back in '03 didn't want to know.

If you want to read the discussion so far on another forum, pm me, and I'll post you a link. It'll save me rambling on in here and repeating myself.
I think it wise not to do the link openly in here.


 

[Nick]

Oh dear

 

They are trying it on!

[GROWLER]

Oh dear

 

They are trying it on!

Thanks for those comprehensive, concise and helpful comments.
I'll strive on then ey?

[Barman]

I’ve no idea Growler… prolly another spotty youth doing an audit dug out the old papers and thought they would have a go… bastards! 

[Snoopy]

I think you will find that the "6 year rule" applies to lodging the claim. They do not have to settle within 6 years of the date of the incident and now the claim has been lodged they can go on forever unless you can convince a judge that their claim is "Vexatious" and persuade the judge to throw the case out. That is unlikely. These solicitors have "bought" the claim. This is their way of earning a living .... buying up old and unsettled claims for small money and then threatening that they are going to court to get as much as they can out of you. The courts do not like them but they are legally entitled to do this.
Write and increase your offer by £250 in "full and final" settlement. Do this in writing and keep copies of everything. If they say no ~ offer another £100. Keep going until they say yes but reach a point (about 50% of the claim) at which you stick. They will not then go to court because they know the Judge will say that they are being unreasonable and that you have made a reasonable and affordable offer. They already know this and are betting that you don't. If I recall correctly £6000 is above the level of small claims courts and will have to proceed to a judge. They will not press for that as it will cost them time and money.
Alternatively offer them £2000 and "arbitration" via the small claims courts and see what they say. The problem with arbitration is that you have to agree to abide by the court arbiter's decision and that may give them more than you want.
Just keep writing and getting responses even if you only increase your offers by £25 at a time but remember the sticking point beyond which you will not budge. After that the first to blink will lose. To them this is a game of poker. They know that and hope that you do not.



*Vexatious litigant
A person who regularly brings court cases which have little chance of succeeding. The Attorney General can apply to the High Court for an order to prevent such as person form starting legal proceedings without permission.

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

The above applies if you want to "go it alone"
Do not employ a solicitor at this time. Either go to the Citizen's Advice Bureau or, if you are a member of one, to your Trade Organisation.

[GROWLER]

Thanks Snoop.

The letter received was from a firm in Birmingham, and they stated the words, "on behalf of their client". Could this mean that they haven't in fact bought the claim I wonder?

This other forum I'm a member of has had quite a few replies, some from the legal trade, and one of them mentioned about 'dragging it out' and hopefully letting it spin out until the 6 year deadline has been and gone, and another one did wonder if the judge would take a dim view of the time factor too.

The useless solicitors even claimed that I hadn't shown my insuramce documents yet, and had just 14 days to do so under the road traffic act, or court proceedings would be made. They mentioned the words "following the accident".
Rang them immidiately and told them that it WASN'T an accident, but theft on private land, and also that I no longer possess the insurance certificate from 2003, or can even remember who I was insured with then ffs, useless munters!

You get so many different views and opinions, yer head starts to spin.

[Snoopy]

Try a letter pointing out that a reasonable and affordable offer of £2000 was made, at the time, that they have failed to accept or reject and therefore, taking into account your changed personal circumstances, you are prepared to offer £xxxx. Include the words "Without Prejudice" at the top of your letter and make it plain that this is a once and only offer to settle the matter in full.

They are aware that if they go to court (which they always threaten) and you win they will have to pick up the costs.
They will also be aware that they have no right to demand to see any documents and that only the police can "require" you to produce these.

If the matter was reported to the police and you still have the crime number quote them that.
Also ask if the vehicle was recovered by the police, in which case it will have become the property of the insurers who had paid out on the loss and they would have been able to recover some of their costs by selling it (even if for scrap).

Basically just keep throwing sh*t at them to bluff them into thinking you have four aces.

[GROWLER]

I've contacted 'the plod' to ask if the car has been recovered, but they stated that they are not in a position to make any comments whatsoever regarding its recovery or otherwise. Only the legal owner would be told anything.

Most bloody helpful....NOT. I only want to know if it was ever found ffs. Is that really asking too much? Obviously yes.


I was worried that I'd have to pick up their costs if I lose, but apparently as the claim is under 10grand, costs are limited to £690.....apparently.

[Snoopy]

Ask the "solicitors" about the recovery of the vehicle and what it fetched at "auction" to help defray "their clients costs". That should give them pause for thought and show them you are no mug. They will either have to say yes it was or no it wasn't but if you phrase your letter carefully they will not know that you don't already know the answer.
Anyway don't ask plod yourself .... they aren't there to help you. Ask the DVLA. You know how. Just give them the vehicle reg no and get them to run a check on it. That should tell you if it was a write off and when, if it was sold etc.

[GROWLER]

You wanna a part time briefs job? 

You're NOT getting £160 par bloody hour though!


Letter just received from my solicitor, who I've NOT actually signed to say I'm accepting their new terms again yet, and they've written to this bunch of twerps in Brum, asking the same question....WHY are yo asking for insurance documents as, a) it's irrelevant as it was theft not an accident, and b) only the plod can enforce me to do that, and they didn't at the time anyway.

Looks like we're dealing with a bunch of eejits tbh?

[Snoopy]

You wanna a part time briefs job? 

You're NOT getting £160 par bloody hour though!


Letter just received from my solicitor, who I've NOT actually signed to say I'm accepting their new terms again yet, and they've written to this bunch of twerps in Brum, asking the same question....WHY are yo asking for insurance documents as, a) it's irrelevant as it was theft not an accident, and b) only the plod can enforce me to do that, and they didn't at the time anyway.

Looks like we're dealing with a bunch of eejits tbh?

No ~ it looks as if they are hoping that they are dealing with someone who will fall for their "legal jargon" ..... many do.

[Darwins Selection]

Snoopy, you are excelling yourself with good advice here. Or at the very least the same sort of advice I would give. 

All these legal threat things are based on scoring the odd easy hit by frightening the uninformed.

They are little better than lottery scams, although probably have a higher success rate.

Growler, listen to the dog.

[Grumpmeister]

If I may  make a suggestion,  there is nothing like really bad publicity to scupper a firm. Especially in the current climate. Drop an 'anonymous' story to the local media with the emphasis on how the victim of a crime can still be persucuted under this 5 year rule and then watch them squirm.

[Nick]

I fear that would backfire.This area is like living on an island. Everyone knows everyone else, and their business.