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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11426
Experience:  30 years as a practising solicitor.
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I received registered letter dated 19th dec and received on

Resolved Question:

I received registered letter dated 19th dec and received on sat 20th the letter was a summons for notice of intimation regarding legal action raised by family members in accidental death case involving father. The letter asks to apply to be added as a pursuer within 7 days after a few days to think it over i phoned the solicitors on tues 23rd but got no reply. sent email that evening with phone contact details to discuss my options got out of office email reply. recieved letter today 24th saying unable to contact me to obtain instructions and to seek urgent legal advice in relation to the summons sent to me.Also states that the solicitors are closed until 5th of January.I would like to know if i now need to seek legal advice and make a claim on my own as the 7 days will have passed to be added as a pursuer.or wait until the solicitors reopens january 5th the letter says claims must be raised within 3 years which will be 9th jan 2015 which is not a lot of time. Does the fact that i contacted the solicitors by email within 7 days have any bearing on my right to be added as a pursuer in the case or am i now on my own ?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Can I ask some questions?
Is this a third party notice you've received?
Does it give you the opportunity to joint the action against your father's defender.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Yes it is a third party notice from a firm of solicitors in Glasgow city centre against a driver and his insurance company, causing death by negligent driving.The action has been raised by my sister, she is named as the first pursuer and my aunt is named as the second(my late fathers sister).

Yes, the notice of intimation states i am believed to have a right to sue arising from my fathers death and if this is the case am entitled to be added as an additional pursuer in the action.

During recent clearout of junk mail from front door came across slip from postman dated Sat. 13th Dec. asking to collect a signed for letter

but i was on holiday. The summons may have been posted out the week before i received it.

Sorry not sure about last question, what is it that you need to know and i will explain.

thanks

Alan

Expert:  JGM replied 2 years ago.
Thanks for your reply. The notice you have received is D1 notice and will say that you can apply by way of a Minute to join in the action already raised by your sister and aunt.
My concern here is the three year time limit. You may be better getting a solicitor to raise and action in your own name and then that and the earlier action can be conjoined. It is unlikely that a Minute will be dealt with by the court before 9 January whereas you would be able to get a warrant on a new action and get it served on the insurance company before then,
My advice is that you see a solicitor as soon as businesses open on Monday. There will be some solicitor working between Christmas and New Year and you should take the papers with you. If you don't have this done by 9 January your claim will be time barred and in the circumstances the court will have no way to waive the time limit.
I hope this helps.
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