help with a claim against us

alyssa_liss

i really dont know where to post this but we REALLY need some help, i am nearly crying as i write this as i dont know what to do

my partner has just recieve a letter (claim form) against him for just over £9000

he has no money is still living in his overdraft from when he was made redundant for 5 months, ive just managed to claim some ppi insurance back which has made him a little bit closer to becoming out of his overdraft.

sorry ill start from the begining

at the begining of 07 he was involved in a car crash, he was driving his brothers car for him as his brother had ,had a drink . on the way home the car infront suddenly turned into a side road (car + ice + sudden movement etc... CRASH)

my partner genuanly thought he was insured under his own insurance for driving other cars... he wasnt.

he got points and a fine ..... he understood this was annoyed but it was his own fault he is not denying that .

the motor insurance beurea paid out to the other party involved and then started asking my partner for the money back ( roughly £3000)

he started to make enquires about how to pay this because at the time he had the money. whilst he was doing this his brothers insurance interviened and made the repayment to the MIB.

the brothers insurance then told my partner he had to repay them.. fair enough , this was still at £3000, he was then waiting to here from them about how to repay it as he had used the £3000 to pay a loan off he had.

he did not here from them for about 6 months and as this point he had not long been made redundant. (didnt recieve a redundance payment) he was living on about £30 JSA a week, (which was ridiculas) he still had to pay rent,food,bills.

when they got intouch they told him he then had to pay £7000 not £3000. he replied to them and told him he was out of work and didnt have that type of money. he then asked about repayment options.

they got back intouch saying £350 a month ( he was still looking for work and only recieveing about £120 a month JSA ) obviously he couldnt afford this as by this point he was working his way into his overdraft.

he got back intouch with them saying as he was out of work he could only afford £50 a month untill he got a job, they said this wasnt good enough.

he got back intouch asking what the minimum amout he could pay was, they never replied untill this letter we have just recieved asking for £9000.

he could roughly pay £200 a month now but this is going to take about 4years to pay off and we were just about to start saving towards a house etc...
im so upset as we wanted to get a house,married kids. and at this rate it doesnt look like its goiing to happen.

the letter says he needs to accept the claim
part of the claim
dispute the claim
ask for 28days instead of 14
or nothing and a jugment may be entered against him

sorry for the long thread but we are nice normal people, hardworking and only young and have never been in anything like this

:(can someone please help or suest what to do ?:(

catflea

I cant offer any helpful advice I'm afraid, but good luck.

You might do well to post in the debt sections as well - theres more experience with court judgments etc in there.

ohyeahitssorcy

So did they state the reasons for the debt going from 3000 to 7000 then to 9000 ? i would have thought that it would be wise for him to dispute the claim im no legal expert but perhaps someone else will be along shortly who can give you a better answer

alyssa_liss

the solicitors fees from the MIB hired which took it from 3000 to 7000 but the same solictors we the ones who originally asked for 3000

they are saying the 7000 to 9000 is interest.

will post in the debt bit now thanks

Cool_Username

I'd certainly get in touch with the company and ask for details on why the claim is so high - perhaps they will accept some sort of payment plan where you could pay back the money over the course of a few years - not ideal I know but unfortunately this may be the best outcome.

Problem is your husband was - whether aware of it or not - driving without valid insurance and hit another car in the rear, therby being the one responsible for the collision. This puts you in a difficult position from the outset unfortunately.

alyssa_liss

he understands he was at fault hes not denying that, he originaly asked for a payment plan but they never got back intouch, untill this massive increase in the claim

do people get free legal advice ?
shoudl we reply to this letter asking for the 28day first so we get longer to sort it out ?

Cool_Username

People still get free legal advice yes depending on circumstances.

Quentin

This "letter" looks to be a county court summons, and should give the particulars of how the sum is made up. If so, then don't ignore it as the Claimant will be able to win judgement against you (by "default") if you don't take any action during the 14 days after you get it. Once they get judgement, they can commence enforcement proceedings (eg bailiffs).

See if you can get advice from the CAB on how to set about defending the claim.

alyssa_liss

yes sorry my heads all over the place, the letter has got a stamp on it saying county court

it says payment of the 3rd party claim is £7000odd and interest of 8% per annum nearly £2000 continuing at a daily rate of £1.60 untill payment or judjment

if we ring CAB on Moday should they be able to sujest something

Quentin

Hopefully they will help over dealing with this, or refer you to a debt specialist - but whatever you do, don't ignore it!

dacouch

Quentin's advice is spot on, get along to the CAB and let them sort it out.

The County Court will take into account what he can afford to pay back and also what he needs to live etc. In a way it is probably handy that he is on JSA as the award will be based on his current income (If they discover he is working at a later date they may ask for a review of the payments but again it will take into account what he can afford to pay back).

P.S When Quentin mentions refer you to a debt specialist he is not talking about one of the ones that advertise on tv as these will charge you a fortune. He is talking about someone the CAB will refer you to who gives their help for free or a very small charge. Do not be tempted to go to one of the debt companies that advertise in the papers or on tv as they are in it to make lots of fees out of you.

There is a debt forum on MSE, you may find more specific help on there.