please help just received court summons, can anyone please help me

[dovebird]

Hi I have just received a court summons from scott rees.

I believe what has happened is as such.

Non fault car claim, my car was stationery on dual carriageway due to traffic jam, car hit me from behind.

Liability admitted no problem with that.

My car unsuprisingly had some rear damage, I went through my insurance comp and just used their ar repairer to fix the damage, car was then duley fixed. I don't believe there was any decision maiing on my part ie approving bill or anything.

Then years down the line get a letter from scott rees saying there is a disupte, call them up to clarify as letter was porrly worded and they said because the other car drivers insurance company did not agree with cost of repair bill that did not pay, so we were liable.

Lots of time has past now, 6 years in fact, i have a court date.

I am so confused, why am i being taken to court? i did not have any involvement in the repair bill. I do not know what happens if case is lost, I have no documents provided, ie i dont know how much the bill was for, no advice from scott rees, i have just been told i have half hour with barrister just before court case!!!

also i have suffered a tertible berivement recently and ii am really not well, so if i'm not well enough to attend the court date, what do i do, can i get some sort of sick note from the dr.

tbh as far as im concerned this is nothing ot do with me, car hit me from behond, took it to the garage our insurance company recommended.
had nothing to do with the bill.
the other driver went into the back of us because he was on his mobile phone, as when we got hit,my dh turned round nd he was on the phone, and the other driver even admitted he was on his phone thats why he crashed into us when we where stationary.
so can't understand why i even have to go to court at all.


Can anyone please help give me advice to tackle this

thanks

[NorthernNumpty]

Was there any courtesy car or hire car involved whilst you were getting yours repaired?

Is it a witness summons? Or does it say you are Claimant or Defendant?

Are Scott Rees on your side or other side?

[CointreauVersial]

Get onto your insurance company - they should be helping you with this.

Does your car/home insurance include legal cover?

[edam]

That sounds all wrong. So the first time you heard from Scott Rees was fairly recently, you called them to say 'what's going on?' and then the next you hear is a summons? Have you moved house since the accident?

Call your insurers ASAP and check to see if you have any legal cover on your household insurance - if you do, you may be able to consult a solicitor. Or go to the Citizen's Advice Bureau.

I don't know what on earth the 'half hour with a barrister' thing is about but don't listen to them, they clearly want money out of you and aren't concerned about how they get it. There is absolutely nothing to stop you consulting a solicitor yourself.

[dovebird]

hi thanks for your reply

we did have a hire car that was supplied by the garage.

i think scott rees are on our side but i'm not sure

the letter doesnt even say if im the claimant or defendent

it does say they have arranged legal representation for me.

[dovebird]

its going ot be held at a country court

says small claims hearing if that means anything?

[OldLadyKnowsNothing]

This may be of interest to you.

[dovebird]

no i havent moved
scott rees have sent letters in the past, neither where easy to understand. phoned up, they said its relating to a disbute on the cost of the repairs from the other insurance company and is being covered by the legal cover on the car insurance or something.

who do you think is trying to get money out of me?

we are going ot email them to ask them to clarify things in writting.

what would you suggest i email scott rees and ask them

i will follow ypur advice ad see if i have legal cover on my house insurance

[NorthernNumpty]

It sounds like you are being called to give evidence at a small claims trial, you normally get a junior barrister representing you and you meet them at court.
If you had a hire car it's probably over the hire charges. Did you sign a hire agreement?

You need more information from your insurer or Scott Rees because you will need to have made a witness statement or at the very least a questionnaire that you have signed do you remember doing that? Ask them for a copy.

You can ask for the hearing date to be adjourned for medical reasons but you will need a letter from your doctor.

I can be more help with a bit more info once you have it.

[NorthernNumpty]

If you were comprehensively insured you won't be paying anything personally. The insurance company will be paying for it.

[NorthernNumpty]

Ask Scott Rees

To clarify who they act for
What is being claimed
What evidence you are being expected to give i.e on what issue
Ask for copies of claim form and witness statements
Ask what is in dispute

[edam]

And ask them that in writing. Or if you phone, take notes and ask them to write to you confirming those points.

[dovebird]

yes scott rees did send incomprehensible letters

i don't remember signing any hire agreement, but it was 6 years ago.all i can remember was our insurance cmpany reccomended we hire a car while our was being fixed and that it would all be paid for as it wasnt our fault

as far as scott rees have told us it a dispute over the repairs, but perhaos its actually ver hire charges then.
i have no idea what the hire bill was.
i shall ask them this whem we email them

and with everything ive been through lately, i cant remember what happened yesterday properly

i don't remember a witness statement, unless thats the froms that you fill in after an accident?
if so all we put on the forms is what happened, about the guy crashing into the back of us

can i actually get a away with not going to court at all,, if im only a witness, normally i wouldnt mind but i just cant cope with it now and i don't need this stress


what would you say the worst thing that could happen would be?
me and dh will end up lumbered with the bill?
seems really unfair when we where fully comp insured and used the garage our insurers reccomended.

[edam]

dovebird - someone's already posted that you need a letter from your GP in order to show ill-health as a reason for not attending court on that date. I'm sorry this is all happening while you are dealing with a bereavement, btw.

[NorthernNumpty]

You can't not go to court without a good reason. The claim sounds like it is your insurers claim against the other driver, they bring the claim in you name as policyholder. The terms and conditions of your policy (at the time) will have required you to cooperate in any litigation taken in this way. If you did not cooperate technically they can sue you for their loss.
Another reason to clarify who is bringing the claim.
Does the letter say mrs Dove 'v' Mr other driver ?

[dovebird]

the letter does not say mrs dove v x

i know i wont have a problem getting a letter from my gp, as she knows im suffering.
but i also want to get this over and done with as the stress is not helping me at all.

suppose i worrying i'm going to end up getting a massive
i can't afford when ive actually done nothng wrong

[NorthernNumpty]

Don't stress about having to pay anything. You wont be. Email Scott Rees for clarification and don't panic.

[hatesponge]

Scott Rees are well known for being shit.

Have you actually got the court documents? They should say your name either as Claimant or Defendant (from what you say likely to be the former). If you look in a section headed particulars of claim this should set out what your claim is against the other side - from what you say it's likely to be hire and/or repair costs.

Re hire, a lot of hire cos rely on signatures obtained on PDAs which are then scanned onto agreements, so you never actually see the agreement iyswim, you just sign for car on a handheld thing when delivered.

Re repair charges, there are lots of disputes going on between insurance cos at the moment about paying each others charges, this is why a lot of straightforward simple cases are having to go to court cos the insurers can't agree. ultimately the Defendants insurers are obliged under the road traffic act to pay whatever the court awards - but the insurers are fighting to the wire and making cases go to a court hearing.

As far as you attending is concerned, if it is just a hire/repair dispute, you may not need to be there, your solicitors can rely on your written evidence in your absence (they will need to draw up a witness statement for you to sign - they can seek to rely on that alone). you need to let them know ASAP that you cant attend. if they feel for whatever reason you do need to attend, they will either agree to adjour hearing date by consent with the other side OR (if the other side dont agree) they may eed to make an application to the court to get the hearing adjourned - if an application does have to be made then its likely they will need to support it with letter from your doctor or similar.

The main thing I would say is dont worry. Chances of you having to pay anything are v v v unlikely. your main priority is to let Scott Rees know you cant attend the hearing.

[dovebird]

the letter says

my name and address

ref
date of accident

i write further tot he above case, the court have now listed the case for a final hearing to take place at

court date and time

it is essential that you attend court that day unless the case is setteled beforehand. the court will not adjorurn cased once listed without good reason
,if you failed to attend court, it would usullaly result in your case being struck out[that is lost for good] and it is possible that the court may in some circumstances order that some or all of the other sides costs be paid by you.


please confirm, by signing this letter and returning it to mr, tat you will be able to attend court.

if you icur any costs in travel, then please bring details of this to the court with you. if you will incur a loss of earnings, then again, please bring a letter from your employer confirming this net loss sustained by you.
please also ensure that you make our barrister aware of any claim for travel expenses and/or loss of earnings before the hearing as they will need to make the judge aware of this further aspect of your claim
once the hearing has finished and the judge has made his award, further claims for travel expenses cannot be made

we have arranged for legal representation for you and have instructed a barrister who is fully familiar with your issues of your claim and we would ask you to attend the hearing 30mins beforehand in order that you may meet with your barrister forthe purposes of a pretrial conference.

i look forward to hearing from you.

then theres a sheet to be signed and returned to say that i will be able to attend the court for the small claims hearing

[NorthernNumpty]

As suspected they are your solicitors and it looks like this is your claim (or rather your insurers claim)
You still need to ask the questions I and others have suggested below.

[dovebird]

at the bottom of the letter, on the printed paper, it says service by email is not accepted.
i'm not prepared to just speak to them on the phone as there is no evidence about what they are telling me.
i want written evidence of what they are advising me.


do you think i should just get this court case over if i do feel well enough to go through with it.

[dovebird]

thanks very much for all your advice, so very kind of you.

i am genuinely unwell atm but i'd rather get this over with if at all possible.

i shall follow your advice and ask all the questions you have suggested

thanks very much for helping me

[southeastastra]

why has it taken so long for this to come to court? (not to op as she sounds as confused as i am!)