Ins. company didnt send in acknowledgment of service for a personal injury claim

Premier_2

Quentin wrote: »

No it doesn't "simply say that".

That is the court's judgement (ie a ccj)

Read it again!

Originally Posted by Jaxer

Oh, I read it correct the first time thanks.

"Would be" being the operative words. i.e. it hasn't happened yet

Premier_2

AlexisV wrote: »

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.

Correct.

A judgement in default is only issued if, after no response by the defendant, the plaintiff then requests it

Quentin

Premier wrote: »

A judgement in default is only issued if, after no response by the defendant, the plaintiff then requests it

Which is what has happened in this case.

The claimant has requested and been granted a judgment by default!

Jaxer

Just to clarify, Judgement was awarded against me (it was actually the Judgement that was sent out to me). Sorry if this was ambiguous.

Thanks for all the input. I've spoken to the insurance company who were apologetic. As far they're concerned the claim was meant to be defended and the solicitors have screwed up. I've told them I'm not happy with having a CCJ in my name regardless of whether it's paid/settled. They're going to get someone from the solicitors to get back to me about getting it set aside.

Up to now, I've been pretty happy with the approach from my insurance company. It's a totally spurious claim for whiplash where there was no speed/momentum involved in the coming together. I was afraid they'd just settle so I'm pleased they're defending but a little hacked off at the oversight on the paperwork.

Lets see what happens.....

Quentin

Jaxer wrote: »

Just to clarify, Judgement was awarded against me (it was actually the Judgement that was sent out to me). Sorry if this was ambiguous......

It wasn't ambiguous at all.

Just some "clever" poster who clearly doesn't really understand how the court system works, and decided to have an argument just for the sake of it!

To get back to your problem, you are right to insist on the ccj being set aside, and this should be straight forward for the solicitor to sort out.

(And as they intend to fight the claim, then getting it set aside is a pre-requisite anyway!)

Once set aside, then it will be as if you never had the ccj against you, and the whole claim procedure will start again from scratch, (hopefully getting resolved without the need for a court case).

Premier_2

Jaxer wrote: »

Just to clarify, Judgement was awarded against me (it was actually the Judgement that was sent out to me). Sorry if this was ambiguous.

Thanks for all the input. I've spoken to the insurance company who were apologetic. As far they're concerned the claim was meant to be defended and the solicitors have screwed up. I've told them I'm not happy with having a CCJ in my name regardless of whether it's paid/settled. They're going to get someone from the solicitors to get back to me about getting it set aside.

Up to now, I've been pretty happy with the approach from my insurance company. It's a totally spurious claim for whiplash where there was no speed/momentum involved in the coming together. I was afraid they'd just settle so I'm pleased they're defending but a little hacked off at the oversight on the paperwork.

Lets see what happens.....

Well done in following my advice and contacting the insurers.

I'm a little confused as to what the court judgement you say you have actually says because you said:

Jaxer wrote: »

... judgement would be entered against me and the amount to be notified in due course...

So what exatly is the judgement and how are you expected to comply with it if they will only send you the details "in due course"?

Perhaps you could write out verbatim what the judgement actually says (leaving out personal information)?

You see, if the insurers did want to just accept it, as I said you would not have a CCJ recorded against you if they settled in time. But there is no details on what to settle.

Nevertheless, it seems they intend to apply to set aside the judgement which will normally be granted.