Old car insurance company initiated cour proceedings against me :-(

Timmy1986

Hello I really could do with some help :-( .

A car insurance company that i used for 2 months 3 years ago have initiated court proceedings against me claiming i owe 560 pounds for a credit agreement or 12 months insurance.

I did pay for 2 months correct. But i did not sign the credit agreement! I am 100% certain with no doubt! I did not even use the service and realistically i should use visa chargeback for 'service not rendered' .

But i do not have the time or patience to be honest for that.

I have been sent a stamped document from romford magistrates court with the claim details. I have a form to fill in the size of a book! I have the option to admit i owe the money or defend the claim. Obviously i do not owe the money.

What should I do? I do not know anything about legal cases and I feel this is a bullying cowboy insurance company as a lady phoned me before swearing at me to pay!

I did not sign the credit agreement and i did not agree to a 12 month credit agreement. I set this up on the phone and i was not given any contractual information and i did not agree to any comittment.

Is this enough for court or will i lose? I am fighting an insurance company on my own as i cannot afford a solictor. I really really do not want a county court judgement on my name as im am 24 and hoping to get a mortgage within the next 5 years.

Does anyone have any idear what i can do?

Thankyou

scheming_gypsy

you took out car insurance, paid two months and nothing else but didn't cancel the policy and now you're wondering why you've been hit with a court summons because you didn't pay the remaining balance, and want to know if you can fight it..... is that what you're saying?

Timmy1986

Yeah....

I know i should have called them but as i didnt sign anything and it didnt seem to official i just left it?

scheming_gypsy

you entered into a contract with them when you started paying the monthly payments, you'll have to pay up

Timmy1986

Hmmm. well paying isnt an option but thankyou for your advice. Only option i have is to fight this really. And im hoping in court as they cannot provide a credit agreement then maybe I will be ok?

Quentin

You will only get a CCJ if you lose the case and don't pay. (Or if you ignore the papers you have received and do nothing).

The papers you have received from the court will tell you exactly what you must do now. Read up and decide whether you want to pay up or defend the claim.

You say "obviously" you don't owe them anything, though get advice on this - from what you say you did enter into a contract with them (you dont have to sign anything to form a contract!)

worried_jim

I am right in thinking that your policy was to be paid in monthly instalments but after two months you stopped paying? If this is the case you still owe the balance. Normally when you cancel a policy mid term you have to pay a cancellation fee to compensate them, as you haven't done this they are going for the full balance and I am afraid you owe.

Timmy1986

If i defend and lose will I incur court fees? If i lose and pay will i get a ccj? thankyou. If i send the letter back 'not known at address' can the proceedings still go ahead? surely i should have to be contacted to have a right of defence before a ruling against me?

Timmy1986

thanks jim . Hmm i do not reallly like this situation very much :-( . If i get a ccj will changing my name sort my credit out agian by anychance?

Timmy1986

what about I issue a visa chargeback dispute for service not rendered for the first 2 payments and claim they were taken without my permission as I called up to cancel the policy within the first 7 days and they did not seem to acknowledge this?

scheming_gypsy

you could try although your court case could end up for fraud as well as none payment of services.