Hello my name is ***** ***** I will help you with this.
In short they took 2 years to say that they could not pursue your claim?
What is it you want to achieve please?
The law appears to stop me pursuing a claim for industrial deafness because of the strict time constraints. I feel I have been poorly advised and represented by HCRU. As a consequence, I was looking at the possibility of suing the Company as an alternative for not having received compensation as well as the inability to pursue a claim with another solicitor.
Yes, potentially they are negligent.
If you know how much you would have been awarded then you could issue proceedings yourself.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
What if the Company no longer exists? It was 2006 after all.
Sadly then there is nothing you can do.
If the company is out of business sadly there is no claim
Thank you for your advise. I will check whether the Company still exists immediately.
Indeed. Can I clarify anything else for you about this today please?
No thank you, ***** ***** it's pretty clear.
Can I help with anything else for you today?
Before I rate this service could you please answer a couple of questions. Firstly,as I have never had the chance to pursue a claim, I have no idea as to the value of suing a Company for negligence so I couldn't put a value on any possible claim, although I am sure it would be under £10,000.
Secondly I don't know how a small claims court works. Would I need legal representation?
1) You can put value as unknown but below £10,000
2) No - its a small claim so designed for non legal people
Does that help?
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