CCJ Because of Aviva!

kerryJB

I had a claim made against me 3/6/10 which was fictitious. It took 4 phone calls and 8 months to arrange a Aviva assessor to check my car out. The findings of this, from the assessor verbally, were that the car is in original condition and that No accident occurred.

We were contacted 15/3/11 by Sheffield County Court, saying that a claim has been made against me for compensation for damage in a road traffic accident. We immediately contacted Aviva who assured us they would take care of it and not to worry. I also requested a letter from Aviva confirming the findings of the assessors viewing of the car.

On the 14/4/11 Sheffield County Court gave judgement to the Claimant because Aviva did not contact them.

On the 16/4/11 Solicitors sent a letter saying that the judgement will now adversley affect my credit rating, I would have a county court Judgement against me and they await MY cheque in the next 14 days or Bailiffs will be sent to my property.

MY husband was informed by Aviva that this can not happen but it is. We were ensured a reply by Lunch Time on 21/4/11 Aviva would not put us through to the person who is dealing with this claim.

It is 21st April nearly 10 months since this apparent accident and STILL nothing has been done and we are awaiting Bailiffs because Aviva has done NOTHING!!

I have made a complaint to Aviva via there website.

Can someone please help I don't know where to turn next

Thanks

alistair.long

Hi,
Firstly when the Bailiff comes round or calls you, let them know that the claim is against you and that the insurance company are going to sort it, fax a copy over or show it to the nice man when he arrives, do not let him in, and do not show him which car is yours.
Keep the conversation brief as he will find a way to mugg you. As its hot bailiffs can enter your property through a window, but normally they knock the door the first time.

Secondly, as the CCJ is against you, I assume you must have been notified of the court action some time ago, therefore you could have objected to it, or told your insurance who would have defended the case for you.
What you insurance company will try to do is "set the judgement aside" and it is up to the judge to see if he wants to allow it.
You should give proof of where you were on the said date, e.g petrol station in a diffrent country, engineers report, passport etc... Then you case will be heard.
The engineers report does not show anything as it may be the case that the car was repaired, or that you have internal damage which cannot be seen from the outside.
If no proof is given then the insurance will have to pay, and will not be happy as they could have helped to stop it before hand.
When the judgement is being set aside, the bailiffs cannot act, but once that is rejected and your insurance dont pay then you will get them at the door.

Hope this helps

adamc260

alistair.long wrote: »

The engineers report does not show anything as it may be the case that the car was repaired, or that you have internal damage which cannot be seen from the outside.

Funny that, that's the purpose of an engineers report.. to report on the condition of the vehicle, if repairs have been carried out or if it is in it's original state. Speaking from a fraud perspective (a department I worked on) forensic engineers can look into this stuff very very easily.

kerryJB

Alistar

Thank you so much for your reply I will work on having that stuff ready.


I informed Aviva as soon as I was first contacted by the court, they spoke with my husband and assured us not to worry and they would deal with it. So we took their word for it, our biggest regret has been leaving this in Avivas hands.


I know where I was at exact times but don't know what time of day this apparent accident occurred again information that Aviva say they will let me know but never get back to me.


When the assessor came my husband was here and they lifted the bonnet and he did say the car has not been involved in a accident

Following yet another sleepless night my husband and I think that we will just have to pay the £800 on a credit card as we don't have this sort of money.

kerryJB

adamc260 wrote: »

Funny that, that's the purpose of an engineers report.. to report on the condition of the vehicle, if repairs have been carried out or if it is in it's original state. Speaking from a fraud perspective (a department I worked on) forensic engineers can look into this stuff very very easily.

Thanks for that Adam, I know I wasn't involved in a accident and the assessor said he was seeing alot of false claims being made at the moment but could tell that my car had not been involved in any accident.

kingstreet

Aviva's website has a complaints facility and I ended up using this after cancelling an automatic renewal which Aviva failed to receive. I see you've used it.

Hopefully they'll deal with this quickly as they have until the 28 day deadline to settle, then the CCJ will not be recorded against you.

adamc260

kerryJB wrote: »

Thanks for that Adam, I know I wasn't involved in a accident and the assessor said he was seeing alot of false claims being made at the moment but could tell that my car had not been involved in any accident.

I hope it gets sorted for you soon, it does concern me how awful Aviva are (as I'm currently with them) but price wise they're blowing every other company out the water for the level of cover they provide... just seems the service cannot match that! (Which I personally blame on foreign call centres but a story for another time!). I would also ring again and ask to speak to the complaints department to try hurry it along and explain the importance of it and how you have a CCJ against your name now... You could even try just getting through to a UK call centre first to explain the situation as they may be more understanding and likely to put you through to the right people.

[EMAIL="rebecca.sibley@aviva.co.uk"]rebecca.sibley@aviva.co.uk[/EMAIL] is an email address of a UK employee that floats about the internet dealing with complaints etc... may be worth trying that?

Paul Tarpey
Complaints Manager
Aviva Insurance
* RAC House, Thomas Street, Stretford, Manchester, M32 0HX
( 0800 015 2424
0161 347 1634
[EMAIL="paul.tarpey@Aviva.co.uk"]paul.tarpey@Aviva.co.uk[/EMAIL]

Those details are floating around on the internet too

alistair.long

adamc260 wrote: »

Funny that, that's the purpose of an engineers report.. to report on the condition of the vehicle, if repairs have been carried out or if it is in it's original state. Speaking from a fraud perspective (a department I worked on) forensic engineers can look into this stuff very very easily.

Hi, my answer was from experience.
My car was hit when it was parked, I noticed the driver hit it. As I approached he said sorry and that he passed, etc... I pulled out my camera phone and started recording and so it was recorded.
On geting my car examined the report said it is consitant with a rear end hit.
The other side engineer has said that their car does not appear to be involved in a accident and therefore it may be a fraudulant claim and should be challenged. I then issued court proceedings against them and fraud was no longer alleged, instead it was agreed the accident happened, so I wanted the engineer to sort out their paper work, e.g name of who done the report, signed, po box address removed, etc... awaiting a reply now.

I dont want to be blaming anyone but the fact that someone can repair their car after a accident, or the accident was too minor as nowadays the bumpers bounce back, I had a volvo and when that was hit it showed a scuff, the engineer said their was no damage, when I removed the bumper the reinforment bar was damaged and so were the clips.

not long ago I asked the engineer why after the accident my wheel was making a load banging, his reply was you have to remove parts and put it on a ramp, as it would be inconclusive otherwise.

Morel is that a engineer can only give info on what he can see, and so must not be used as a complete diagnosis, but as a guide.

kerryJB

Wow thankyou all so much for taking the time to reply. Will send emails now and keep you all informed

Thanks again

magpiecottage

This is disturbing.

If you have a fax modem, you might want to scan in the documents you have received and send them, with your complaint, to 0808 101 1852.

The good thing about using a fax is that you get an instant receipt for it.

E-mail is okay, though. The FSA register shows it as [EMAIL="ukgiceo@aviva.co.uk"]ukgiceo@aviva.co.uk[/EMAIL]. This is probably better than sending it to an individual who might just be taking a few days off (there are only three working days between two long weekends at the moment).

I don't think that bailiffs will come after you just yet either but others are better qualified than me to comment on that.

If done today, then it will be deemed to be received tomorrow.

They then have eight weeks to get a response to you and, if it is unsatisfactory, you can take it to the Financial Ombudsman Service - although that is likely to take a long time to get resolved.

Don't let that alarm you, though. Aviva is likely to respond very quickly and resolve the immediate problem, either by getting the judgement set aside (which would require a new hearing) or simply paying.

Either way, you still have grounds for complaint because Aviva's tardiness has clearly caused you material distress and inconvenience and you should compensate you for that.

I would also want an undertaking to ensure you were not penalised in anyway as a result of their failure to contest a claim if it was fraudulent.

In addition, I would require them, at their expense, to repair my credit history.

On that point, though, you do have time in which to pay a CCJ and your credit history will not be damaged just because one has been made against you. If the solicitors have said your credit history is damaged simply by the award of a CCJ against you (as opposed to not paying it) or you think they are complicit in the fraud, then you should report it, in confidence here.

This would not affect your complaint against Aviva although I suppose it is possible it could result in the CCJ being set aside too.

kerryJB

Thanks for your reply
I agree it is disturbing that an insurance company can let this happen. It is certainly causing sleepless nights and unsettled days. Its hard to concentrate on my job and I hate leaving my family at home when there could be a knock on the door anytime.

There is a fax modem at work so I will send this off tomorrow (I been at work today so only just read this) thanks for the number. I have sent a complaint to this email address [EMAIL="ukgiceo@aviva.co.uk"]ukgiceo@aviva.co.uk[/EMAIL]. as well as the 2 individual ones that have been posted earlier, one of them is not back in the office until the 3rd of may but at least I am doing everything possible

As for my credit history that worries me long term as I had a email from the ID Alert from Lloyds saying a CCJ has been added to my credit profile. It seems to of all happened so quick and I can't believe I was so naive to think Aviva would sort it.