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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My family is facing a false allegation of bogus passenger fraud. We

Resolved Question:

My family is facing a false allegation of bogus passenger fraud.
We met an accident in 2012 and sustained minor injuries. A solicitor appointed by I durance company is dealing with our case. Our claim is genuine and we have giver all explanation and possible evidence. Now it is at a stage of meeting with barrister. Can this case be settled by barrister without going to caurt?
My children are studying abroad and a having lot of health problems.
I don't have enough knowledge of law system.
Please help me with your expertise.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Have proceedings been issued please?
Customer: Dear Alex
Alex Watts :

Hello

Customer: Our solicitor just informed us that an agent will becoming to outhouse to take statement and after than we will be given a date to meet barrister. We did not receive any other informations fro
Customer: Our solicitor
Alex Watts :

Ok - you want to know can the case be settled without going to Court? - The answer is yes

Alex Watts :

But if the other side contest the claim fully, then it is highly likely it will go to Court

Alex Watts :

If they are saying it is fraud, it will probably go to Court.

Alex Watts :

You and any witnesses will have to give evidence and be cross examined by another Barrister

Alex Watts :

The same will happen with the other side

Alex Watts :

The Judge will then make up his mind about who is right and who is wrong

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Our solicitor has not been providing us us up to date informations. It is ongoing since 2012. After placing personnel injury claim 3 months later I got a letter staying that my claim is fraudulant. It is a false allegation put on me. I have given all the explanation and waited for further informatio. I did not hear anything but received a letter putting blame on my son for fraudulant claim. Again we did the same procedure. We did not hear anything until last month then my daughter received a similar letter. We have not been informed of what is actually happening. We don't have any experience of legal proceedings. Never committed any crime. What is going on with us is a real torturous experience. Feeling of being falsly blamed for a crime itself is painful and fearful. Children are really worried now. and it is affectiing their studies.
Alex Watts :

Yes, but I have explained the process - what would you like to know in addition to what I have said?

Customer: Do you suggest anything else to prove our innocence . At this stage , do you think we should look for a criminal defence lawyer?we did not get any chance to talk to defendent. How and when we will come to know whether other side is willing for settlement or not.
Customer: Thanks for you help ALex
Alex Watts :

Well it is being raised as an allegation

Alex Watts :

You would need to prove, as the Claimant you were in the vehicle and that the accident caused the injury

Alex Watts :

Given there is an allegation of fraud it is unlikely to settle

Alex Watts :

You would be able to drop hands, that means stop your claim

Alex Watts :

But if you do not do that, it is highly likely that you would need to attend Court for trial

Alex Watts :

That is the process

Alex Watts :

Can I clarify anything about this please?

Customer: Dear Alex
Alex Watts :

Yes?

Customer: Thank you for your reply. Are we allowed to stop the claim at this stage? If we do so is there any risk of putting us in another bad situation ? I mean blaming us for fraudulant claim? Our claim is genuine and passengers are genuine. But giving preference to our peaceful life I would prefer to stop the claim. But please suggest me a safe way to approach. To whom should I inform about my decision? Is it ok if I discussed with my soliciter now befor proceeding further? Or is it appropriate talk to the other party directly? Please advice.
Alex Watts :

Yes you can stop the claim. If it has not been issued then you can simply tell your Solicitor you do not wish to proceed and that will be the end of the matter.

Alex Watts :

You only run a risk if it proceeds to trial

Alex Watts :

Does that clarify?

Customer: Dear Alex
Customer: Thank you very much for your advice
Customer: It is in the stage of giving statement to an agent before meeting barrister . Is it too late?
Alex Watts :

No, it is not too late

Alex Watts :

You can stop the case now if you wish.

Alex Watts :

If this answers your question might I invite you to rate my service today.

Alex Watts :

If the system wont let you or you need more help please click reply

Customer: Thank you. When we drop the personal injury claim is it going to affect my husband who is the driver and insured. Is it affect the vehicle damage claim .what about the false allegation put to him about bogus passengers claim
Alex Watts : It won't affect the damage claim at all, only the personal Injury claim.
Alex Watts : Does that help?
Customer: Does that mean by withdrawing personnel injury claim by 4 of us including my husband we could be free of all allegations ?
Alex Watts : Yea
Alex Watts : Yes
Alex Watts : Does that help?
Customer: On withdrawal, do we need to make any payment to soliciters etc
Alex Watts : Check your terms and conditions of instruction, but usually no.
Alex Watts : Does that clarify?
Customer: Thank you very much
Alex Watts :

Great, if I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :


Great, if I could invite you to rate my answer before you go






Alex Watts :


If the system wont let you or you need more help please click reply


Customer: Alex, do you suggest a written request to solicitor to withdraw the claim or just requesting verbally ??We would not get chance to communicate face to face as office is not in our area.
Alex Watts :

Verbally is fine

Alex Watts :

Does that help?

Customer: Thank you Alex for your Advises . It was excellent .
Alex Watts :

Great.

Alex Watts :

If I could invite you to rate my answer before you go - thank you

Customer: Alex,
Customer: Dear Alex,
Alex Watts :

Hello

Customer: I have been trying to submit rating. But it is not going through.
Customer: Will you be able to activate the link?
Alex Watts :

Let me change format

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Try now.
Thanks
Alex

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