Date: 15/02/2024
To: – Defendant. Victor insurance Grove House, Newland Street, Witham, Essex, CM8 2UP
Claimant: Andreas Investments Ltd (beneficiary of the insurance claim below)
Claimant’s full address Registered Address for correspondence 6 Colwick Rd NG2 4BU Nottingham
Your Claim Reference number: 11548163.
Compliance with pre court proceeding protocols.
You have been notified in writing that we are the new beneficiary and legal representative for the above claim. Proof of that was already sent to you on several occasions, we provided you with plenty of time to verify all documentation. We made several attempts in writing in order settle this claim amicably already. This correspondence was ignored altogether, stating that you want to deal with the insured party. As we already demonstrated, we are beneficiary and representative of the insured (this was never challenged or disputed by you). The insured (Mr Lovelle) has abdicated his interests in this claim in favour to us. We have already informed you in writing that the insured Mr Lovelle has passed all benefits of this insurance claim to us therefore you will only deal with us in connection with this claim. For these reasons you will not deal with Mr Lovelle but you will deal either with us as the beneficiary or our legal representative should this become necessary.
This letter is due to the claims made in connection with the partial collapse of the rear of 68 A Harold Street DN32 7NQ both in September 2023 and October 2023. The cause of both collapses are due to the explosion that pushed outward the reinforced side wall parallel to Castle Street in September 2023.
We write this letter as part of the standard procedure of pre court proceedings. This is stated on the following website https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
You can review it yourself, and we will be compliant all throughout the process leading up to court proceedings should it be necessary. We hope we can resolve this claim without resorting to court proceedings, we will make our outmost effort to avoid court proceedings.
We therefore invite you to comply with these statutory rules, which we are sure you are fully aware of, and we can find an amicable resolution instead of resorting to court proceedings.
The claim is for the collapse of part of the building insured with you. The building was under insurance cover during the event that led to the collapse in September 2023. Additionally, this collapse led to a further partial slow collapse which started in October 2023.
Because of the above we have no choice other than to prepare for legal proceedings against you to enforce our legitimate interests on this claim.
We are open to settling the claim without court proceedings, This is our preferred outcome, however compensation has to be matching the rebuild value of the damaged property.
If you keep failing to engage with us in this formal procedure, you will very likely be liable of a number of penalties for non-compliance with precourt proceedings statutory conduct. Therefore, if you are not familiar with it we strongly recommend you engage specialised legal council and we will be more than happy to engage with your legal representative/s throughout this part of the pre-court proceedings. For your knowledge, precourt proceedings are normally dealt with by legal professionals representing the insurance companies because without this the insurance companies will be very likely not only to be penalised by the courts but also likely to be granted judgement against them by default. Therefore, if you would like to ignore our correspondence and you decide not to engage with us in this precourt statutory conduct, this will of course facilitate our successful claims against you . Therefore, should you undermine or ignore this part of the pre-court proceedings, you do it in full knowledge of the consequences.
Given the complexity of this case the maximum time allocated for pre-court proceedings is 3 months after which we can move to court proceedings.
It is reasonable for you to reply to this formal letter within 10 working days providing a copy of the coverage of the risks referred to as “perils 1-15 ”
Additionally, what do you base the current denial of the claim on? Please supply the basis and any evidence for the denial of the claim.
Should you require more, and 10 working days, please notify us in writing and a reasonable time extension maybe granted.
Kind Regards
For Andreas Investments Ltd
Andreas Russo