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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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A litigation officer is threatening to take me to court on

Resolved Question:

A litigation officer is threatening to take me to court on behalf of Aviva for a collision dated 27/02/2013 on the date of the incident I tried to contact my insurance company but couldn't get through. Even now when I try contact them I keep getting redirected from person to person. This guy wants me to pay him £500.00 for an accident I was not at fault.

what should I do?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

-On what basis exactly is he asking for this money?
Customer: replied 3 years ago.

Amount Claimed: £418.26


Court fee: £50.00


Solicitors cost: £50.00


Total amount: £518.26


 


This is what it says on the letter.


 

Expert:  Alice H replied 3 years ago.
OK - but WHY are they asking you to pay this money?
Customer: replied 3 years ago.

they want me to pay for 'Damages' caused in the accident together with 'statutory interest and cost'

Expert:  Alice H replied 3 years ago.
Do you admit being involved in the accident?

Do you admit it was your fault?
Customer: replied 3 years ago.
I was involved in the incident however I do not accept liability for this as it was not my fault. I have pictures and two witnesses.
Expert:  Alice H replied 3 years ago.
OK I understand.

You need to contact the person in writing and inform him that a) you are not liable b) will not pay the sum claimed c) have witnesses to support your version of events and d) if he has witnesses supporting his version of events he should disclose their witness statements and/or any other evidence in support of his claim.

The other party will then have two options: not pursue the claim OR commence legal action in the small claims court. Although they can use a lawyer they are unlikely to be able to recover their lawyers fees - legal fees are not usually awarded unless a party has acted 'unreasonably'.

In the meantime I suggest you write a letter of complaint to Aviva to sayyou have been trying to contact them about this claim and ask them to deal with it on your behalf. Send them all the correspondence you have received thus far.

Alex

Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
Hello Prince

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Regards
Alex Hughes