We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Ins. company didnt send in acknowledgment of service for a personal injury claim
This is in connection with a disputed accident from early last year which is still being thrashed out by the insurance companies.
The other party made a personal injury claim and I received the paperwork late last month. I called up my insurance company who told me to send it all to them and they would deal with it. I sent the whole envelope to them and called them a week later to confirm they'd received it. They said everything was on the system and their solicitors would be dealing with it and would contact me if they needed anything.
Yesterday, I received a letter from the court saying that as no acknowledgment of service had been filed, judgement would be entered against me and the amount to be notified in due course.
I'm going to be calling the insurance company after work to find out what's happened here but I'm not happy. Does anyone know if I have any recourse against the judgement or where this leaves me.
The other party made a personal injury claim and I received the paperwork late last month. I called up my insurance company who told me to send it all to them and they would deal with it. I sent the whole envelope to them and called them a week later to confirm they'd received it. They said everything was on the system and their solicitors would be dealing with it and would contact me if they needed anything.
Yesterday, I received a letter from the court saying that as no acknowledgment of service had been filed, judgement would be entered against me and the amount to be notified in due course.
I'm going to be calling the insurance company after work to find out what's happened here but I'm not happy. Does anyone know if I have any recourse against the judgement or where this leaves me.
0
Comments
-
your insurance company will pay the judgement or (in the unlikely event they intend to defend the claim) will apply to the court to get any judgement set aside0
-
your insurance company will pay the judgement or (in the unlikely event they intend to defend the claim) will apply to the court to get any judgement set aside
No "or" about it.
They must get the judgment set aside. (The OP should insist that is what they (ie his insurer) do, and settle for nothing less!)
Unless set aside, he has a ccj unecessarily against his name.0 -
No "or" about it.
They must get the judgement set aside. (The OP should insist that is what they (ie his insurer) do, and settle for nothing less!)
Unless set aside, he has a ccj unecessarily against his name.
The insurance company are allowed to act in whatever way they consider best. You agree to that in the terms, and agree to co-operate with them in so doing.
If you start taking matters into your own hands, then you may well find the insurance company wash their own hands of the matter.
The OP will not have a CCJ against their name if the insurer agrees to abide by the court judgement and pay up accordingly.
Or do you really think every loser in a county court has a CCJ recorded against them???"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Every "loser" gets a ccj!
Whether or not that gets "registered" depends on how quickly the order is settled. But the OP should not have had a ccj at all! Thje insurer clearly forgot to deal with the original summons, and the ccj has been issued by this default.
The insurer is not "allowed" just to ignore a summons thereby getting the policyholder an unneccessary ccj!0 -
Phone your insurer and play holy hell with them.
Give them two options - that they pay the judgement in full themselves, or apply to get the judgement set aside and pay and fees themselves for doing so.0 -
Every "loser" gets a ccj!
Whether or not that gets "registered" depends on how quickly the order is settled. But the OP should not have had a ccj at all! Thje insurer clearly forgot to deal with the original summons, and the ccj has been issued by this default.
The insurer is not "allowed" just to ignore a summons thereby getting the policyholder an unneccessary ccj!
If it's not recorded, then it doesn't exist.
The insurer can take whatever decision they believe to be in the best interests.
It could well be that the insurer failed to act in time.
Or it could be the insurer had good reason to believe they were going to lose in any event and didn't wish to waste time money and effort defending the undefensible.
The OP should send the latest correspondence to their insurer to handle and discuss with them the situation."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
If it's not recorded, then it doesn't exist.
The insurer can take whatever decision they believe to be in the best interests.
It could well be that the insurer failed to act in time.
Or it could be the insurer had good reason to believe they were going to lose in any event and didn't wish to waste time money and effort defending the undefensible.
The OP should send the latest correspondence to their insurer to handle and discuss with them the situation.
Of course it exists. The OP has received it through the post!
You don't fully understand the scc!
If the defendant doesn't want to defend the claim at all, they simply pay it, thereby avoiding the ccj!
A ccj is a county court judgment. The OP now has one against him! (By default - simply because the insurer did not respond to the claim).
The OP should ask his insurers to get the ccj set aside, thereby completely removing it from his record!0 -
You don't fully understand the scc!
If the defendant doesn't want to defend the claim at all, they simply pay it, thereby avoiding the ccj!
A ccj is a county court judgement. The OP now has one against him! (By default - simply because the insurer did not respond to the claim).
The OP should ask his insurers to get the ccj set aside, thereby completely removing it from his record!
With all respect it it you that appears not to understand.
There is no CCJ in existence. The court appears not to have made any judgement so far...
This simply says that the court has not received a defense, or otherwise acknowledged service of the summons.Jaxer wrote:Yesterday, I received a letter from the court saying that as no acknowledgment of service had been filed, judgement would be entered against me and the amount to be notified in due course.
Even if/when the court does eventually issue a judgement by default, as long as it is settled by the required time (typically 14 or 28 days) then no CCJ is recorded against anyone."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
This simply says that the court has not received a defense, or otherwise acknowledged service of the summons.
No it doesn't "simply say that".
That is the court's judgment (ie a ccj)
Read it again!
Originally Posted by Jaxer
Yesterday, I received a letter from the court saying that as no acknowledgment of service had been filed, judgement would be entered against me and the amount to be notified in due course.0 -
You're both right. A CCJ will be entered eventually, but there is no judgement as this precise moment in time.
The 28 days clock has not started ticking yet.
Either way, the insurer is to blame and need to sort it out now.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards