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Anticipating being taken to court - whilst abroad


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My son has received a letter from an insurer who is about to pursue him for £24,000 for a drink driving incident back in 2010.

This is the background to the case http://www.consumeractiongroup.co.uk/forum/showthread.php?316662-Pursued-by-insurance-company-for-uninisured-losses

 

Insurer is asking for income details with a view to agreeing repayment within 28 days, or court proceedings will start.

 

Problem number 1 is that my son is in Australia and not due back until end of year possibly longer. He has no job to come back to and no assets to speak of.

 

Problem number 2 is reducing the figure from £24k - I think the insurer is incompetent and not challenged the claim - the written off vehicle is a 10 year car worth £1400, the rest of the claim is car hire (£3k) and "personal injury" costs for driver and 3 passengers.

 

Problem number 3 is if it goes to court should he defend the claim and risk incurring claimants legals costs - it would likely be Fast Track, not Small Claims due to size of claim.

 

I've had all the comments that he deserves everything he gets for Drink Driving so just some sensible advice would be appreciated.

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Not sure if the court case can be set aside or postponed until the son returns, but even if it did go ahead on his return he can get it set aside. Maybe best for him if possible to stay in Oz for 6 years when the debt becomes statute barred. Have the insurers been notified in writing that the son is not in the UK and will not be for quite some time?

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Not sure if the court case can be set aside or postponed until the son returns, but even if it did go ahead on his return he can get it set aside. Maybe best for him if possible to stay in Oz for 6 years when the debt becomes statute barred. Have the insurers been notified in writing that the son is not in the UK and will not be for quite some time?

 

I haven't replied on his behalf yet but was planning to write to them. I planned to tell them he would not be around and also start to challenge the costs and reduce the potential debt.

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