What is hacking you off today?

[BriggBlue]

Sorry to hear you are in this situation.

First thing I would do is check your various insurances (household and contents primarily but also any others you might have....) as you may have either legal expense cover you are not aware of, or even better 3rd party liability cover (ie insurance if someone is injured on your property- similar to car insurance for traffic accidents).

If you have either of these it will completely remove your headache and your insurers will take control and cover (potentially up to all) costs and damages (if any). Do this ASAP as failure to notify them could invalidate a policy that would otherwise play out.

If not then you have to be quite tactical about things because of the costs implications. Maybe let me know if you get anywhere with the above.

Generally though, if you don’t have insurance you are in a bit of a crap situation. This is because the small claims limit for a personal injury claim is less than with normal claims - (£1,000 compared to £10,000). Ie if they claim over £1,000 in damages you ALSO have to pay legal fees on top of that. If this went to trial that is likely to be a 5 figure sum (sorry but no point sugar coating it).

Now here is the kicker- if you successfully defended the claim you don’t get your costs back from the losing claimants!! So you would ‘win’ but still walk away with paying your legal bill! (If you instructed solicitors). The only way you would get your costs (other than technical reasons) is if the claimant was found to be fraudently (A high bar but if she is lying about being bitten / claiming injury whilst out on town dancing etc) a possibility.

Also- warning- a part 36 offer is a technical offer that has the effect of you agreeing a compensation amount to pay but ALSO that you will be liable for their legal costs. So if they made a part 36 Offer for say £1000 and you thought for £1000 you are willing to get this off your plate and accepted the offer - you will then ALSO be liable for their cost, cost of medical report etc. So if you ever wanted to do a deal find out what their costs are first or ask for a global figure (ie a figure for compensation plus cost).

Hope that is helpful. In summary - before you do ANYTHING else check you if you have insurance.

If you don’t then I’d suggest you get the opinion of a lawyer as to merits of claim, costs benefit analysis etc. I can recommend someone if you wish.

Good luck!

Thanks that's really useful, we have already exhausted the insurance aspect and we have nothing that covers this, I am however a member of a trade union that offers legal cover but it is through the same law firm that he is using, I would of thought there would be a conflict of interest if I went to them over this.

the other approach that we were contemplating was replying to their letter for a full and final settlement for an inclusive amount of £1000 and not using the part 36 paperwork as they haven't filled it in, we have briefly spoken to a lawyer about it who thinks it is a badly executed attempt at a marginal claim but advised that the costs to defend it would be a lot more than settling.

I just don't see how it's fair that I spent 10 years in the RAF and completed 3 tours of Afghanistan and settled down to into a decent job with my family to lose a significant sum of money to someone who wants things the easy way, especially when they don't have to prove anything

 

[KevinJH]

Maybe also as a (potential) last resort, especially building on your last paragraph - take it to the press. Consumer programmes too could also be all over an item such this like a rash. Any kind of vehicle that'd show this claim for what it is wouldn't be a bad thing....

 

[Member]

We don’t know to what extent the postman himself (or herself) has actively pursued this. If the claim has come through their union then it could just be one of those automatic things that a started if someone is injured at work. I sympathise with BBs situation and it appears they’ve had some good professional advice on here.

 

[RHB]

Women's hair. Or to be more precise, my woman's hair. Is it my fault that her hairdresser closed the day before her next appointment? nope. Is it my fault that she was due for a half head colouring at that cancelled appointment? nope. Is it my fault that signs of grey hair are appearing on the top of her head? nope. So, given that all the answers were nope, why is it that I got 'hair' harranged for a good 30 minutes this morning? This bloody virus has a lot to answer for.

 

[KevinJH]

I've got half a can of satin black paint and a pair of shears I could get couriered over if that's any help (as it's clearly an emergency...) ?

 

[OldBlueLady]

Women's hair. Or to be more precise, my woman's hair. Is it my fault that her hairdresser closed the day before her next appointment? nope. Is it my fault that she was due for a half head colouring at that cancelled appointment? nope. Is it my fault that signs of grey hair are appearing on the top of her head? nope. So, given that all the answers were nope, why is it that I got 'hair' harranged for a good 30 minutes this morning? This bloody virus has a lot to answer for.

Two choices, either let the grey come through and not have to bother forking out for expensive colouring treatments again, or pick up an "all over" colour treatment from the supermarket on her next shop!

I'm lucky in that mine was literally all done the Saturday before we locked down - and, embracing my curls again disguises the roots!

 

[RHB]

Two choices, either let the grey come through and not have to bother forking out for expensive colouring treatments again, or pick up an "all over" colour treatment from the supermarket on her next shop!

I'm lucky in that mine was literally all done the Saturday before we locked down - and, embracing my curls again disguises the roots!

That would of been really good if that had happened to her. I think she is mainly at peace with fact that all of those things are what they are, but every now and again we have a little explosion of female hair volatility. I don't even mind that, but really ain't my fault.

 

[OldBlueLady]

That would of been really good if that had happened to her. I think she is mainly at peace with fact that all of those things are what they are, but every now and again we have a little explosion of female hair volatility. I don't even mind that, but really ain't my fault.

Well, I've given you her two choices for next time she blows up about it!

 

[RHB]

Well, I've given you her two choices for next time she blows up about it!

And I'm very grateful, thank you.

 

[MK Shrimper]

My nephew is living with my mum which is fantastic (she's 91) but I arrange Skype calls with him but he still doesn't drag his butt out of bed until long after midday. I can understand if he'd been down the pub/club but at the moment? We were supposed to have one at 1pm, but it's now past 1.30 and there's still no answer.

 

[MK Shrimper]

Went for a bike ride today as a fam - the missus not done it for ages....and she gets a puncture. Long walk home.

 

[Tangled up in Blue]

Two choices, either let the grey come through and not have to bother forking out for expensive colouring treatments again, or pick up an "all over" colour treatment from the supermarket on her next shop!

I'm lucky in that mine was literally all done the Saturday before we locked down - and, embracing my curls again disguises the roots!

Wise words OBL.My wife prefers the "colour treament" though she has friends the same age who've "let the grey come through." Can't say I'm too fussed either way. Though I suppose it's not really my problem.

 

[Mad Cyril]

Went for a bike ride today as a fam - the missus not done it for ages....and she gets a puncture. Long walk home.

Always take tyre levers, a spare inner tube, pump and puncture repair kit with you.

 

[MK Shrimper]

Always take tyre levers, a spare inner tube, pump and puncture repair kit with you.

Too much faff.

 

[Mad Cyril]

Too much faff.

Better than a long walk.

 

[londonblue]

Better than a long walk.

Only if you know how to use it.

 

[Mad Cyril]

YouTube

 

[MK Shrimper]

I know how to change an inner tube, it's not rocket science. I just can't bothered with carrying all the stuff with me for something that happens very infrequently.

 

[OldBlueLady]

Tooth ache.

Bugger has been blowing hot and cold for some time, usually wears off after a day or two. This is the 3rd day and it's kept me awake during the night. Had meant to go and book an appointment just before the lockdown set in. I'm not good with dentists at the best of times......

 

[Yorkshire Blue]

Thanks that's really useful, we have already exhausted the insurance aspect and we have nothing that covers this, I am however a member of a trade union that offers legal cover but it is through the same law firm that he is using, I would of thought there would be a conflict of interest if I went to them over this.

The trade union are likely to have an alternative firm they go to in conflict scenarios.