Would like to say thanks...

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Claims monkeys want to settle cases asap its the only way they make money

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If Pete is claiming for injury then he will be able to get a "no win no fee" solicitor.
If he is only claiming for <£500 motorcycle repairs then solicitors will not be willing to take this on for "no win no fee" because I don't believe they can claim juicy fees for that (like they can with personal inury claims).

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Personally I'd always use a professionally qualified solicitor.

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So if sopmeone owed you a relatively small amount of money, you'd pay a solicitor ££££ to make the claim for you? I believe there are cheaper ways to do things.

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It's for people to use to recover money owed.
Their is no agreed debt to recover at this stage.

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Ok, so should I have said the "small claims track in the county court" or does that not work either?

Is this a technicality about how to do it, or are you saying someone cannot do this DIY at all?

I thought the whole point of the small claim court (technically the small claims track in the county court) was set up precisely for this reason.
I could be wrong but I thought moneyclaimonline provided the same service where the judge made a decision although I do agree with Col (after reading the act of 1971) that it's a racing certainty that she is liable.

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Originally Posted by Ducatista

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It's for people to use to recover money owed.
Their is no agreed debt to recover at this stage.

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Ok, so should I have said the "small claims track in the county court" or does that not work either?

Is this a technicality about how to do it, or are you saying someone cannot do this DIY at all?

I thought the whole point of the small claim court (technically the small claims track in the county court) was set up precisely for this reason.
I could be wrong but I thought moneyclaimonline provided the same service where the judge made a decision although I do agree with Col (after reading the act of 1971) that it's a racing certainty that she is liable.

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You can DIY in court if you wish but certainly Moneyclaim isnt appropriate - very good I've used it twice myself but not for this type of scenario at all.

I'm very much one for using a professional - someone who knows what they are doing.

''So if sopmeone owed you a relatively small amount of money, you'd pay a solicitor ££££ to make the claim for you? ''

Of course not ::) ::) ...and I'm not suggesting anyone would.

My advice is that Pete speaks with a solicitor to ascertain what he can claim; that's part of the reason solicitors offer a free initial consultation.

Bear in mind a decent solicitor (and I exclude from that the claims monkeys used by most insurers) will advise you if you have claim and the amount you can claim. They wont take on a low value claim and certainly a decent firm wont charge in excess of what they can recover and in fact why many work on a no win no fee engagement - this is again the reason to use a professional.


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All this is stressing me out even more. I really really REALLY need a stressbusting bike ride, even on the pushbike.... :(

I think we are in agreement Nicky and getting a bit tied up on the words.
I have no issue with a free initial appointment, but I think we are agreed that it's prohibitive to actually pursue a small claim that way.

Sorry if we are stressing you out Pete - we are all trying to help.
The bottom line is that she is liable but she isn't going to hand it to you on a plate, you need to recover the money and you need to get some advice on how best to go about that.

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Originally Posted by Ducatista

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I'm very much one for using a professional - someone who knows what they are doing.

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I agree that professional advice is great but I don't see how it's isn't prohibitive to pursue a small claim that way.

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A professionally qualified solicitor has taken many years to train to do what they do, they undertake annual training to make sure they are up to date as well as having first hand experience of what they do on a daily basis - you can get that on a no win no fee basis.

I actually just dont see why on earth you'd want to try and DIY - you save nothing and potentially loose a heck of a lot due to ignorance :o

I think you'll find too that small claims only has a relatively low personal injury claims limit which I suspect isnt appropriate for a motorcycle accident.

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Originally Posted by Ducatista

Sorry if we are stressing you out Pete - we are all trying to help.
The bottom line is that she is liable but she isn't going to hand it to you on a plate, you need to recover the money and you need to get some advice on how best to go about that.

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AGREED ;) :)

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you can get that on a no win no fee basis

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I am not a lawyer but I am pretty sure this is not the case for ALL cases.
Let me explain why I think that.
In some cases the solicitors can pass on their fees to the third party, an example would be most sieazble personal injury cases.
In other cases the solicitors cannot pass on their fees to the third party, an example would be Pete only claiming for £20 worth of damaged jeans. The solicitors would not be able to pass on fees for this and hence they would not be willing to take on the claim on a no-win no-fee basis. I believe this applies to the current claim of <£500 motorcycle repairs.

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I actually just dont see why on earth you'd want to try and DIY

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Largely if you don't have insurance for legal fees and the claim does not warrant privately paying a solicitor due to size and doesn't qualify for a conditional fee agreement.
(save for any free half hour you can get).

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I think you'll find too that small claims only has a relatively low personal injury claims limit which I suspect isnt appropriate for a motorcycle accident.

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At the moment I am under the impression that this is not a PI claim and a small claim for motorcycle repairs. Therefore at this point I don't believe that soilcitors fees could be passed onto the third party.
Of course the injuries could persist or get worse and Pete has 3 years to make up his mind.

One thing that springs to mind is that rightly or wrongly this situations encourages someone to make a PI claim, so that they can get a "no win no fee" solicitor to tag the rest on as well.

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Originally Posted by Ducatista

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you can get that on a no win no fee basis

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I am not a lawyer but I am pretty sure this is not the case for ALL cases.
Let me explain why I think that.
In some cases the solicitors can pass on their fees to the third party, an example would be most sieazble personal injury cases.
In other cases the solicitors cannot pass on their fees to the third party, an example would be Pete only claiming for £20 worth of damaged jeans. The solicitors would not be able to pass on fees for this and hence they would not be willing to take on the claim on a no-win no-fee basis. I believe this applies to the current claim of <£500 motorcycle repairs.

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I actually just dont see why on earth you'd want to try and DIY

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Largely if you don't have insurance for legal fees and the claim does not warrant privately paying a solicitor due to size and doesn't qualify for a conditional fee agreement.
(save for any free half hour you can get).

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I think you'll find too that small claims only has a relatively low personal injury claims limit which I suspect isnt appropriate for a motorcycle accident.

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At the moment I am under the impression that this is not a PI claim and a small claim for motorcycle repairs. Therefore at this point I don't believe that soilcitors fees could be passed onto the third party.
Of course the injuries could persist or get worse and Pete has 3 years to make up his mind.

One thing that springs to mind is that rightly or wrongly this situations encourages someone to make a PI claim, so that they can get a "no win no fee" solicitor to tag the rest on as well.

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We need to stop this - poor Pete is going to be terrified of doing anything soon :o :o ;D

Solicitors will generally work on a no win no fee basis but not always - they are free to work and agree the terms of the engagement with the client. Most tend to advertise no win no fee to encourage potential clients to use them.

I personally suspect Pete has a good potential PI claim and it is for that reason, amongst others, that I am suggesting he speaks with a specialist motorcycle solicitor asap who can advise him.

Whether its morally right to claim for PI in this situation, and even whether professionals should be operating on a no win no fee basis is another very different ball game and perhaps we didnt ought to start on that one ;) :)

ok Pete no need to get stressed and ok so you don't like using the 'phone--no worries.

You could quite easily walk to BLB and ask to make an appointment...I'm saying BLB sollys as they are local for you and it seems Bennets aren't overly interested.

It is better to use a local solly in this case rather than one miles away as you can then actually talk to them [as you say you don't like phones]

If you are going to your doctor let them know exactly 'why' you are there and that you intend making a claim against the dog owner.

Pete d'ya want someone to go along with you ?

@Ducatista --think Nicky answered your question about moneyclaim [it is the small claim track as you said--it has been centralised at Nottingham and from there depending on what 'track' a case is allocated is then moved to a county court if appropriate and is convenient for 'claimant/defendant]...Also Ducatista I think the claim by Pete would/possibly be paid from the womans home insurance if it covers for pets but like you said I've not noticed on mine about road accidents or pets. IF no cover then a letter to her from the local solly about the claim amount [once it is totalled up it may only be a couple of hundred] may result in her simply paying.

I don't want Pete to be 'out of pocket' over this as it wasn't his fault....good that plod does have a record of the accident so no argument about the fact.

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Originally Posted by Nicky

[quote author=Ducatista link=1354568113/45#45 date=1354789744]
Sorry if we are stressing you out Pete - we are all trying to help.
The bottom line is that she is liable but she isn't going to hand it to you on a plate, you need to recover the money and you need to get some advice on how best to go about that.

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AGREED ;) :)
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Totally agree :)

The news of the day is.... Pheonix are gonna fix it for just under £300....

Phew!

Hope it works out well Pete and the main wish is that your injuries turn out to be minor and not long lasting.

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Also Ducatista I think the claim by Pete would/possibly be paid from the womans home insurance if it covers for pets but like you said I've not noticed on mine about road accidents or pets.

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Col - I agree that if she has insurance it should pay out (if she doesn't pay herself). I was just saying that if Pete has legal cover on his home insurance then it MAY exclude motoring accidents (they usually do I'm afraid).

But I agree it's not helpful for the three of us to argue about things where we generally all agree :)

Yes Ducatista I understood the point you were making and the likelyhood insurance wouldn't cover road accidents and you are absolutely right that there are usually cheaper and equally effective ways of doing things.
Won't bore you but found myself in a legal prob and the sollys reckoned a court case could cost £30k + :o but I discovered an alternative approach after doing some research having become disenchanted with the 'legal experts' which cost £1200 8-)

Don't think anyone was arguing though :)--only writing about the situation Pete has and ways to tackle it.

Think it is a very interesting and relevant situation and it could happen to anyone whether bike /car/pedestrian/cyclist.

I did know that owners are liable for their pets as had a situation several years ago that was talked about at work.

It would be useful for us to find out the procedure for a small claim like Petes.

Anyways the claim is now £300 plus inconvenience and injury.

I would just like to say somat about what Nicky said about solicitors and that is they don't always actually know everything and very poor advice/service can/and has been given which is why there are complaints keeping Legal Ombudsman busy ...you have to double check what is being done. One 'get out clause' they could use is that the 'client did not instruct us properly' and the 'client' goes to them for help and advice ;D usually all is ok :)

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Originally Posted by Col

I would just like to say somat about what Nicky said about solicitors and that is they don't always actually know everything and very poor advice/service can/and has been given which is why there are complaints keeping Legal Ombudsman busy ...you have to double check what is being done. One 'get out clause' they could use is that the 'client did not instruct us properly' and the 'client' goes to them for help and advice ;D usually all is ok :)

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The problem is that solicitors in general practice have such a huge range of work to deal with - exactly why I suggested using a firm/solicitor who specialises in motorcycle cases rather than a high street firm.

In this case being m/cycle specialist is irrelevant as it is a claim against the animal owner for recompense -could be a car /van/ bicycle the case is the same

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Originally Posted by Col

In this case being m/cycle specialist is irrelevant as it is a claim against the animal owner for recompense -could be a car /van/ bicycle the case is the same

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I disagree it's absolutely relevant.

It's a really important consideration when choosing a solicitor to make a claim.

Solicitors working in general practice will be dealing with a wide variety of cases. I suspect if you look at the case load of a typical high street firm a considerable amount of their work will be conveyancing and probate work. A solicitor engaged in this type of work may not be up to date with the latest cases etc regarding motorcycle accidents.

This is exactly why some PI claims arise ie where qualified solicitors take on work they dont have enough relevant and recent experience in dealing with.

If you use a solicitor who is both qualified and experienced in the type of work you need dealt with you have the best of both worlds.

Yes quite right about experience [although that costs] but m/cycle specialist as such when Pete could've been knocked off a bicycle :-?

Anyway what's Pete done that's what we wanna know after all our chat about this ?

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Originally Posted by Col

Yes quite right about experience [although that costs] but m/cycle specialist as such when Pete could've been knocked off a bicycle :-?

Anyway what's Pete done that's what we wanna know after all our chat about this ?

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If he'd been knocked off a bicycle no need to use a specialist motorcycle solicitor ;) :) I imagine their are several specialising in bicycle claims though...but yes how Pete's getting on is important.

Hope you are all OK now Pete :)

Bike is back, all fixed (Thanks to Pheonix) just waiting for the bruises to fade and I'll be all okay....

Saw a kid riding around with no gloves on tonight, Moron!

Good to hear :)

Good to hear Pete. That is that you are back on the road, not the moron with no gloves! ;)

BB

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If you use a solicitor who is both qualified and experienced in the type of work you need dealt with you have the best of both worlds.

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I don't really want to drag on the discussion but I don't think the disadvantages of using solicitors have been adequately covered.

Solicitors will of course advise what the claimant is entitled to claim which would inlude clothing, time off work for injury, compensation for personal injury etc.
Many firms will encourage a larger claim because that is how they get paid. These firms are referred to as "ambulance chasers" because personal injury allows them to charge fees. Similarly there are companies who charge high fees for hire vehicles. In some cases they actually will only take on cases when someone takes a hire vechicle as that is where they make their money. I have no issue with people being paid, but it doesn't always make things better.

Pete has some choices. At one end of the scale he could ask for £300 for the bike and forget about the bruises and at the other end it could be PI, hire car, time off etc.

I have no moral issue with claiming for what is due but I see two disadvantages to making a larger claim.

One is that compensation for injuries is not as easily quantifiable as a repair bill. These claims tend to drag on through the negotiating process. In many cases this is a good thing for the claimant as the effect of their injuries may not be initially clear, but psycologically people want it over and done and it's emotionally stressful (which is part of the negotiating strategy). I don't make an moral judgments but some people may be much happier just to get the bike fxed and forget about a few bruises (if that's all it is). I don't think anyone was suggesting using ambulance chasers but the fact is that whilst Nicky is right about solicitors chosing their terms, they rarely take on cases for free and need to make a living.

The second risk is that giving this lady a bill for a few £ks rather than a few hundred may have a very significant impact on her willingness or ability to pay and that could make the claim drag on for many months or even years. For example if she's sent a small bike repair bill she may just pay it, but it's unlikely with a much larger bill, most likely she would then herself get legal advice and then there would be a lengthy negotiation over the less clear cut parts e.g. the amount of compensation for injury.

I appreciate that many solicitors are good at their job and care about people but like any industry they don't generally gp out of their way to point out the disadvantages to using their service. For example if you went to a car dealer, even a good one they wouldn't discuss with you the pros and cons of using a bicycle or getting the bus :-)

I am not anti-solicitor at all, but I think it's important to be aware of the downsides as well the upsides.

I hate the compo culture and all that "where theres a blame theres a claim" stuff, and i'm not injured much beyond some sore joints and a couple of bruises so theres NO chance of me chasing the 300 quid, and i'm sure bennetts and aviva wouldnt chase the woman for it anyhow.

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Originally Posted by pluggedinpete

I hate the compo culture and all that "where theres a blame theres a claim" stuff, and i'm not injured much beyond some sore joints and a couple of bruises so theres NO chance of me chasing the 300 quid, and i'm sure bennetts and aviva wouldnt chase the woman for it anyhow.

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Hi Pete

It's your choice at the end of the day personally I think its only far that the dog owner should pay for the damage caused to your bike, your clothing and you.

I'm glad their are solicitors which you can use to get what's fairly owed and that's not those that are taking the mickey and making exagerated claims just getting what's fairly owed to you.

For what its worth I'm no fan of "where theres a blame theres a claim" either.

If your are happy that's fine though.

Hope you're back on the road asap. :)

Well if you aren't bothered about the £300 that's your decision but...

Like Ducatista said you could write simply write to her saying that the damage to your bike was £300 and enclose copy of bill for her to see and that the accident is a matter of record with the plod and that you are asking that she pays for the damage caused by her dog.

..it won't cost anything to do that Pete

or you lose out £300

p.s. if you got plenna cash to chuck about bung some my way will ya :D Ducatista,Nicky and me will have a drink mucho appreciato :)