Surprise CCJ Not my Fault

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  • cjmillsnun
    cjmillsnun Posts: 615 Forumite
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    As previously stated you need to apply for a set aside. If you did not receive papers prior to the judgement then that may be a reasonable defence along with the fact that you had insurance cover and the original claim was passed to your insurers.
    2.88 kWp System, SE Facing, 30 Degree Pitch, 12 x 240W Conergy Panels, Samil Solar River Inverter, Havant, Hampshire. Installed July 2012, acquired by me on purchase of house in August 2017
  • nic_c
    nic_c Posts: 2,928 Forumite
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    So the latter you received before could be the letter before claim, and your insurer stated they were in possession of the claim form. Does this mean it wasn't sent to you or you got it and forwarded to the insurance.

    It does sound like they defended and lost, which is why the payment is due forthwith. I wonder if they put in a proper defence, or simply didn't turn up.

    Seek legal advice, also contact your insurer to find out what happened.
  • Ant.Evs
    Ant.Evs Posts: 102 Forumite
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    Phone your insurance company and get them to sort this out.

    I would also go and see a solicitor for further advice.
  • tajheel
    tajheel Posts: 9 Forumite
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    It is been really frustrating day, I email and phoned my insurance company several times but could not get of person who is actually handling my case however in last call of the day one of the case worker able to give me some advice on the phone first he apologies for the mess up and said he will deal with this case and for me he will set aside and it will be like as if this never happened and I asked him is that mean I don’t need to take action and he said YES. I asked him to put this in writing what he said and give next plan of action; after few minutes I put the phone down I received an email from insurance company “I have contacted our solicitors who were dealing with this matter and requested that it is escalated as a matter of urgency. You should receive contact in due course but if you have further questions then please do not hesitate to contact”.

    He didn’t email me quite what he said on the phone. I hope my insurance company is not messing about anymore; remember they said this before but the claimant issue CCJ against me . If I don’t receive a call back from them again tomorrow I will ring them again and see what they say. I will take further advice from my solicitor and see what he has to say.

    Also do you think is this a good idea to bring insurance company and claimant on this forum and reveal their names because my understanding is that when 2 elephants fight the grass gets hurt.( 2 injury claim lawyer – me)
  • tajheel
    tajheel Posts: 9 Forumite
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    My insurance company promised to sort this out for me and send me an email confirming that the third party’s solicitor are expecting to receive the payment in full this week. They will then write to the court to advise that the matter has been settled and will file a notice of discontinuance. As it is within 30 days so it will not affect my credit rating. (I hope)

    Previously any driver who is involved in an accident he would exchange insurance details with people involved and inform his / her insurance company however it looks like that if someone is involved in an accident somehow he has to make sure that if the claim is made against him than his insurance company pay them off otherwise he will get country court judgement for the failure of his negotiation with third party solicitors or any other mess up they might have done.
  • tajheel
    tajheel Posts: 9 Forumite
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    Guys, I have just checked my credit report and indeed CCJ is active against my name at the moment. Am I right thinking once notice of discontinuance is filed it will be removed from file.

    If this not happen what are my options? I shouldn't be punish for this.
  • System
    System Posts: 178,093 Community Admin
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    tajheel wrote: »
    Previously any driver who is involved in an accident he would exchange insurance details with people involved and inform his / her insurance company however it looks like that if someone is involved in an accident somehow he has to make sure that if the claim is made against him than his insurance company pay them off otherwise he will get country court judgement for the failure of his negotiation with third party solicitors or any other mess up they might have done.

    You misunderstand how insurance works. Claims have ALWAYS been made against the person, not the insurance company. When you have an accident where you are at fault the other party or their insurers are claiming from you, not your insurance company. What your car insurance is there for is to cover the cost of that claim and when you notify them of a claim to negotiate on your behalf, not accept liability for it on your behalf. If your insurance refuse to pay out or take an excessive amount of time when you were at fault then they will claim from you directly as has happened here.
  • tajheel
    tajheel Posts: 9 Forumite
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    Wow that kills the purpose of insurance why one should buy the insurance if the person is responsible for accident should pay; not insurance company.
  • System
    System Posts: 178,093 Community Admin
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    tajheel wrote: »
    Wow that kills the purpose of insurance why one should buy the insurance if the person is responsible for accident should pay; not insurance company.

    So that you have someone to meet the cost of the claim against you instead of yourself.
  • Sea_Shell
    Sea_Shell Posts: 9,376 Forumite
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    Wow. I was always under the impression that in the event of an accident (regardless of fault) you should always pass all correspondence to your insurers, unanswered, for them to deal with.

    I'd be spitting feathers, if I got a CCJ against me because of my insurers incompetence to deal with matters in a prompt and reasonable fashion.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
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