Legal Tips

Hi, its Deborah

A very busy day at the Free Legal Advice Service, so just some tips on various issues that arose.

IDENTIFICATION FRAUD.

If someone has been using your address and has run up bills etc at your address and you receive documentation from a Court etc, please do not ignore the documentation, because if you do and a Judgment is obtained, Bailiffs can be requested to attend at the property and remove items to the value of the Judgment, obviously if you can prove you are not the person who the Judgment is made against all to the good, but do you really want the Bailiffs at your door, better to nip the matter in the bud. When you get the initial documentation contact the court etc by LETTER (RECORDED DELIVERY) with proof of your ownership/tenancy of your property and offer to provide a photograph and even possibly proof of your date of birth.

MAKING A CLAIM

If you are making a claim as a Litigant in Person ensure that you include the full value of your claim in your protocol letter or claim form. If you have issued a claim, you are going to have to go through the the process of asking for leave to amend your claim and if the other side are not happy to consent to such an amendment you may need to make an application which will cost you £255 and there is no guarantee you will be granted leave. Remember if you do not have evidence of the loss you have sustained you will not be able to recover this figure

LIMITATION

You need to be careful when attempting to bring a claim, an insurers is NOT going to tell you that limitation in a matter is due, if you miss a limitation date unless you can provide a really good reason for missing date THAT IS THE END OF THE MATTER, what is a good reason, mental incapacity, being in coma, it has to be something pretty serious,

Under section 14A of the Limitation Act 1980, the basic limitation period for actions in negligence can be extended if, at the time the cause of action accrued, the claimant LACKED KNOWLEDGE OF EITHER:

1, the material facts about the damage for which he is claiming (i.e. in cases of latent damage); or

2. other facts relevant to the action, including that the damage was as a result in whole or in part to the act or omission which is alleged to constitute the negligence you are alleging.

An insurer will continue to respond to correspondence right up to the limitation period and are happy for you to pursue them with letters because once that LIMITATION date is passed in the majority of cases YOU HAVE NO COMEBACK.

CORRESPONDENCE TO A DEFENDANT/RESPONDENT

You may have a Solicitor but are still be trying to negotiate yourself with a defendant/claimant/respondent/petitioner. Please ensure that any correspondence forwarded to that party is clear and concise, you need to remember that any documentation between you and your opponent MAY NEED to be presented to a Judge and if he cannot understand what you have written this will result in confusion and delays at the hearing and possibly misinterpretation of your communication.