Car Insurance Claim (Swiftcover)

mna78

Thanks Oscar, we had an overlap in posting there.

I beleive that they are wanting to contest the claim amount though and from my understanding of your FSA breech that is for an agreed settlement?

Quentin

Oscar_The_Grouch wrote: »

I don't understand why they do not feel they can make a payment before 14 August. That's 2 weeks away!!.

They are saying they want the judgement set aside.

Once set aside the case can be reinstated, and they can contest it as if the original judgement by default had not happened.

(Or reach an out of court settlement without the case being heard - in which case the case would be withdrawn).

Oscar_The_Grouch

Quentin, can you comment on this for me:

If liability has been admitted and the only matter for consideration is the amount of the claim (quantum), do you feel the courts will set aside the judgement when the CCJ was arrived at due to non-attendance?

I'm asking for the benefit of mna78 (who may want to "kick off" again if there is little prospect) and myself (who works on the audit and compliance side, hence knowledge of ICOBS, but is somewhat out of touch with "live" claims) and would appreciate your input.

Thanks

Quentin

I cannot comment on what the court decision over the application to set aside the judgement will be - only to say that were it a waste of time and money making the application then the whole concept of being able to get a judgement set aside would be redundant.

In this case, there is a valid reason for the application. The defendant (mna78) only discovered there had been a hearing after the event (through no fault of his).

Getting this ccj set aside is much the better option for mna78, as it will mean that the ccj is expunged from his record as if it never happened.

Were the matter resolved by paying the court order within the allowed time, then although the ccj would be settled, it would still exist. And the answer to any future question along the lines of "Have you ever had a ccj against you" would have to be "Yes".

mna78

Update:

After my last email to them, the Claims Manager called me and basically said the team dealing with the issue had let him down and they were in the process resolving the matter. He gave me his direct dial to contact him anytime and is going to keep me in the loop.

I also received a letter from Swift at the weekend stating that they were liable for the debt and that the judgement is an insurance issue and not a personnal debt. This was sent to me so if I need to prove the CCJ is not directly my fault I can show it to creditors etc...

So all seems in hand, although I shall still be placing a formal complaint with Swift and the Financial Ombudsman?

Once again thanks for all the advice.