agree, and am well aware VFR always the pilot, but the visual contact issue is the key I think in my situation.
Not wanting to got into too much detail, but if in the situation ATC give a call regarding a/c reporting non visual ( a/c may well have given ATC inacurate position )and I happen to end up with the a/c 50ft above me in opposing direction.(I am downwind at the time) I would like to know who is in error, or why the situation happenend in the first place.