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JimLawyer
JimLawyer, Solicitor
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You can, I have a dog, medium sized, he's a beagle. He bit

This answer was rated:

Hi. yes, you can
JA: Where is this? It matters because laws vary by location.
Customer: I have a dog, medium sized, he's a beagle. He bit someone and broke his stin. It wasn't a big injury. I asked that person at the time if i could make it up to him, pay him anything, he said everything was fine. now that person has contacted me asking me to give him £600 or he would sue me
JA: What steps have you taken so far?
Customer: well, none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I spoke by phone with the injured person and recorded the conversation. I told him I didn't have that money but I would look into it. I'm a foreigner, so I'm contacting my embassy to get consular legal advice. That's it
Customer: replied 17 days ago.
hi. I don't know where in the screen to look at our conversation
Customer: replied 17 days ago.
This happened in London in the borough of Chelsea

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

As he has an injury he does have up to 3 years to sue in a personal injury claim, though I doubt he will be able to get a law firm to take on his case as it sounds like the injury was relatively minor. As a dog owner you would be held liable if he did sue you, under the Dangerous Dogs Act in the UK (your dog does not need to be a dangerous breed for you to be liable - it applies to any dog which injures someone). If you have pet insurance you must inform them right away. If you had no insurance at the time of the incident then you either need to try settle this - possibly by making them an offer, or if they refuse to accept that (or if you have no means to pay) then you will need to defend a claim if they do sue you.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record.

If you lost and if you were unable to pay the full sum owed at that point you can also ask the court to pay by instalments (a simple form is sent in, form N245, and a fee of £50 unless you qualify for a fee exemption so if you are on a low income, have low savings or in receipt of benefits then you would qualify). If the CCJ was not paid in full though bear in mind the credit record would contain the CCJ details for up to 6 years. After that it comes off the credit registers.
I can assist you going forwards if it gets to the point they issue a claim. If you need a law firm to assist you to defend the claim, here is an example for you and they offer a fixed fee : https://stormcatcher.co.uk/practice-areas/dispute-resolution/small-claims-lawyer-service/

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 17 days ago.
Hi, thanks for answering me. Give me a few minutes as I'm reading through what you wrote

No problem

Customer: replied 17 days ago.
Hi, Jim. So what would you recommend? I'm afraid that if I agree to pay him and there is no evidence, then I'm falling for a bribery and he can later ask for more money or sue me. My other concern is that I'm currently on a student visa and, if I have a legal problem, when I want to apply for permanent settlement in the future, it would be a problem. What do you recommend I do? How can I settle this out of court?

If you make an offer and he accepts, you can have him sign a waiver form (available on this site : http://www.lawdepot.co.uk) so he could not then sue you for more money.

Your immigration status may only be affected if you end up being sued, you lost, and unable to pay the court judgment after 30 days. If he sues it would take many months to get to that point. You should try and settle this with them. Not sure what you can afford but you could make them an offer

Customer: replied 17 days ago.
ok, considering that the injury is very minor (just broken skin, like when you fall, and he had to get a tetanus shot), isn't £600 a lot? should I try to negotiate less?

It sounds a lot yes though I suppose he could claim for scarring too but it's his lower leg and being a man I wouldn't think he would obtain much. I think he is trying it on asking for £600. Perhaps offer him half that

Customer: replied 17 days ago.
Another question: this happened last Saturday afternoon at a pub, the injured person was a waiter there. The pub had the details of a friend of mine because she had made the reservation and so the waiter contacted my friend who contacted me. Is the pub in any way responsible? Would you recommend I call them and get them involved? Considering that he claims he lost 2 days of work and that's part of the reason why he is asking for the compensation

It could be a breach of your data rights, yes.

If your data is being used without your consent, this is in breach of the General Data Protection Regulations (GDPR).

GDPR protects data subjects and if you do not consent, anyone who hands out your data can be held in breach of GDPR. What this means is that the Information Commissioner's Office (the "ICO") can fine companies heavily if they find there has been a breach. The fines are either up to £17m or 4% of company turnover, whichever is greater. As such, I would recommend that you inform the ICO on 0303(###) ###-#### They also have a "live chat" facility on their site - you can visit it here: https://ico.org.uk/make-a-complaint/

They will take your details and if they feel there has been a data breach will contact the pub company and possibly fine them. A lot of companies do not realise the extent of the fines and it is envisaged a lot of businesses will go bust in the event of a breach, not just because of the fines but because the aggrieved party can also claim compensation.

If the ICO tells you there has been a GDPR breach then it makes it much easier to claim compensation (under Article 77 of GDPR) - the amount of which varies and depends on the severity of the breach and the impact it has had upon the aggrieved party. Here is a useful link for the range of damages depending on the nature of the breach : https://www.forbessolicitors.co.uk/personal/data-breach-claims.htm

Customer: replied 17 days ago.
I'm thinking my strategy could be: contact the ISO, then contact the pub letting them know that I have contacted the ISO and that they have probably breached the GDPR, then the pub will most likely want this to go away and that should give me some leverage with the waiter

Yes, I would say that's a good plan of action.

Customer: replied 17 days ago.
thank you! this has been so helpful. I have just called the pub and they were obviously surprised and concerned because the waiter was contacting me without their consent (although they did give him my friend's phone number). So let's see what happens. Can I close my browser's window and get back to you later if I need more advice?

Yes, no problem - perhaps tell the pub you are speaking to the ICO and to ask them to speak to their employee about this.

Customer: replied 17 days ago.
I did that, I spoke to the pub. They were so surprised and alarmed and they spoke with the waiter. They told me the waiter would contact me to apologise, so I took the waiter's call but it turns out he again tried to snarl me into giving him compensation. so I just stopped the conversation and told the waiter it was better to do everything through the manager. I have now blocked the waiter's number. so that way if they want to actually do anything, it would have to be through the manager, and I doubt the manager will consent to the waiter trying to bribe me. I'm now trying to speak to the manager so he is aware that the waiter again tried to ask me for money and I hope
that should be the end of it.

OK, thanks - let me know how you get on.

Customer: replied 17 days ago.
just one question: if they wanted to take legal action, wouldn't the pub have to be involved since it happened at the pub while the waiter was working?

No, the pub wouldn't be in the picture apart from being a witness to support the waiter's case.

Customer: replied 17 days ago.
oh. Well, I blocked the waiter from my phone because I feel he is trying to bribe/harrass me and I asked my friend to do the same. The pub has my phone number. I'd rather go through the pub because I feel the waiter is just trying to bribe me. Do you think I did right? As far as I know, it should now be settled.

Thanks, ***** ***** will need your residential address if they want to sue you. I presume you have not given them the details.

Customer: replied 17 days ago.
No, I haven't. I can be naive, but not that much. What happens if you want to sue someone but don't know their address?

They can't sue you in that case as the papers must be served on you. They would need to ask you or use a tracing agency to find you. If they know your email address or your employer they could apply to the court for substituted service but for this size claim I highly doubt they would go to the trouble.

Customer: replied 17 days ago.
they don't have my email address, nor my employer, nor my friend's details. The only thing they have is my phone number: the waiter because I called him, but I have now blocked him. And the pub manager because I gave it to him. The pub manager can potentially call me but I doubt he wants to make this any bigger. I presume he just wants to get back to doing his work.

Thanks, ***** ***** stuck in that case then. They cannot sue you if you refuse to pay them off.

Customer: replied 17 days ago.
what do you mean pay them off?

They asked you for £600 so if you pay them that then you have "paid them off"

Customer: replied 17 days ago.
oh, i see. well, they could potentially sue me for the bite but i'm guessing the waiter just wanted to see if he could bribe me and will now desist. i won't pay a bribe, they have no way of suing me. thanks so much for your help. i think that's the end of it, unless you have any recommendation?

Hi there, I would not do anything more - you already blocked them. So I would leave it there unless your receive a letter before action - though they need your address to do this. So perhaps come back to this site if it escalates. I doubt it will though.
Have a good evening.
Jim

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