Claim response

2nd June 2010

I have made a claim on the 15th on january and have still not recieved a descion on my claim.

Every time i call the compnay dealing with the claim they tell me they are still waiting for the highway agency report and they will chase this up for me.

It has been nearlt 5 months now how long can they carry this on and is there something that can be done?

Thanks

Replies (3)

Potholes.co.uk Expert     posted : 02/06/10 at 10:20 am

They are playing hardball with you. Phonecalls are far too informal, and can not be produced in evidence. Put it in writing and send it by recorded 'track and trace' so you have a record that it was received.

Include details of the phonecall you have just had and inform them that "should the matter proceed to Court, the Court will be advised that they breached the Civil Procedure Rules"

sarbaz2007     posted : 02/06/10 at 10:08 am

hi thanks for quick reply.
just spoke to them and they dont seem too bothered and tell me they have not accepted the claim and will wait as long as it takes for the highways agency report.

any suggestions?

Potholes.co.uk Expert     posted : 02/06/10 at 9:44 am

Put very simply, for small claims such as pothole damage, the highway authority must within 21 days acknowledge receipt of your letter of claim and indicate if they have adequate information to investigate the claim.

Within a further 90 days, they must produce sufficient evidence to refute your claim, or alternatively, accept your claim.

So .... they have a total of about 4 months in which to refute or accept your claim. If this has passed, then you need to be advising them that they are "in breach of the Civil Procedure Rules" and as they have not refuted your claim within the prescribed 90 days, you assume that they have accepted it.

They might still come back with various excuses, but this should at least promote a response from them and you can take matters from there.

Good luck