Re: Would like to say thanks...
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Claims monkeys want to settle cases asap its the only way they make money
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.
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.
Re: Would like to say thanks...
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It's for people to use to recover money owed.
Their is no agreed debt to recover at this stage.
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.
Re: Would like to say thanks...
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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.
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.
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.
Re: Would like to say thanks...
''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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Re: Would like to say thanks...
All this is stressing me out even more. I really really REALLY need a stressbusting bike ride, even on the pushbike.... :(
Re: Would like to say thanks...
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.
Re: Would like to say thanks...
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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.
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.
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.
Re: Would like to say thanks...
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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.
AGREED ;) :)
Re: Would like to say thanks...
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you can get that on a no win no fee basis
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
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.
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.
Re: Would like to say thanks...
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Originally Posted by Ducatista
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you can get that on a no win no fee basis
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
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.
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.
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 ;) :)