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Response to The letters are coming quicker now - any help please.

from Matt (mattyc@ntlworld.com)
You are fully entitled to see the MIG policy if the case is taken to court. As this document contains the text that allows subrogation then it is the proof that any court would require before allowing a case to be brought and you are allowed a copy(discovery). Therefore, if they refuse to let you see it tell them that, for now you are conducting your own defence or get a solicitor to ask for it. If they do not send this then the court would not allow the case to be heard.

I refer to text in an earlier answer:

'Apparently Royal and Sun Alliance were suing Maxine and Stuart Carey from Essex for the amount that it paid out on their MIG after repossession. The Careys used Concept Management run by Peter Walker (see HRP for further info.) On Sept 5th 2000, 3 days before the county court hearing, the insurer dropped its claim and wrote off the 'debt'. I understand that this was after the judge insisted that the insurer produce full documentation to prove the claim.'

From investigations and discussions the documentation required was the MIG policy. This I beleive backs up the cases we have all read about when threats are made to take court action and nothing then happens. I really do not beleive that in the vast majority of cases the people doing the chasing have a legal 'leg to stand on'. That is my personal opinion so it could be wrong - let's hope not.

(posted 8545 days ago)

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