Car Accident - now court summons please help!

cyclonebri1

Quentin wrote: »

Exactly.

As posted previously you are clearly ignorant of court procedures.

So your posts suggesting the sound advice others have given to the OP is wrong are pointless. Or troll like.

And we shouldn't feed trolls.

But then Quentin, why should anyone trust your posts, you have yet to establish your qualification to give such finite advice, plus you shouldn't be giving advice anyway, just making the op aware of their rights/alternatives. And if you didn't post such stongly condeming repies to others views without substantiation, you would not get people such as myself and the earlier poster questioning the validity of your answers.

And we also should feed the egos of self appointed legal experts either, or in your opinion am I wrong one that score too?

martindow

Quentin wrote: »

This is why you shouldn't contact the court.

It is not so easy to get a CCJ set aside if you have written to the court personally acknowledging receiving the summons for it!

I'm sure you are correct on this but I don't see the logic.

Say I do nothing, a CCJ is granted and needs to be set aside. The fact that I forwarded the paperwork to the insurance company demonstrates that I received the summons as clearly as me writing a letter to the court.

Don't bother if this is too involved to explain but I find it hard to see the distinction.

Quentin

The onus is on the insurance company to explain to the court why your ccj should be set aside as they are the ones who neglected to deal with the summons after telling you to pass on all communications unanswered.

If you write a letter saying you have the summons, then you could use words that mean you are taking responsibility for it.

mikey72

Seriously?
The onus is on a company that ignored the claim for 18 months, then ignored the summons, and get the op a CCJ?
Then the op waits for them to explain to the court why it should be set aside?
And that's the op's best position in your view?

It has been asked, and you haven't answered, what's your legal qualification?

sarahg1969

mikey72 wrote: »

Seriously?
The onus is on a company that ignored the claim for 18 months, then ignored the summons, and get the op a CCJ?
Then the op waits for them to explain to the court why it should be set aside?
And that's the op's best position in your view?

It has been asked, and you haven't answered, what's your legal qualification?

It's not necessarily the case that the insurers have ignored the claim for 18 months. It's more likely that the parties have failed to reach an agreement, and the only recourse available to the Claimant is to issue county court proceedings.

If the insurers had ignored the claim, then it's unlikely that the Claimant would have waited as long as 18 months, if you think about it.