Insurance claim - warrant issued

Quentin

Sounds very fishy.

Before this got to this "debt counselling service" letter, she should have received at least:

1) a letter (Letter Before Action) from the claimant saying court action would follow unless she paid up

2) a letter from the court about a (new) claim against her, telling her what to do

3) a further letter from the court (the "CCJ") telling her she had a judgement by default against her (as she had ignored the previous letter), and ordering her to pay the claimant

4) a further letter from the court telling her the claimant was applying for a warrant of execution to pass the debt on to the bailiffs

5) further correspondence from the bailiffs

Is it possible she would ignore all this?

geordiepaul2001

No not at all.
She is almost retired, no debt whatsoever, never been in bother - not the type if you get my meaning.
She can pay the money if need be, but it should never have come to this.

The insurers are in dispute but at the end of the day it is up to them to settle it. I'm not sure how this ended with a warrant issued directly to my mother.

BertTheRaccoon

Quentin wrote: »

Sounds very fishy.

Before this got to this "debt counselling service" letter, she should have received at least:

1) a letter (Letter Before Action) from the claimant saying court action would follow unless she paid up

2) a letter from the court about a (new) claim against her, telling her what to do

3) a further letter from the court (the "CCJ") telling her she had a judgement by default against her (as she had ignored the previous letter), and ordering her to pay the claimant

4) a further letter from the court telling her the claimant was applying for a warrant of execution to pass the debt on to the bailiffs

5) further correspondence from the bailiffs

Is it possible she would ignore all this?

The most likely explanation for this is that

1- At the doors of court, a settlement agreement was reached, the judge made an order reflecting the terms of settlement.

2- Within that order, a period of time for the parties to make payment to each other was probably stipulated. The order is served on the solicitors of each party to the action.

3- Either the designated period of time or a "reasonable" period of time has elapsed.

4- The solicitors representing the other party have grown tired of sending chasing letters / phone calls to the other party's solicitor and/or insurer.

5- They have sought a warrant of execution, this has been granted.

6- Bailiffs instructed.

7-Register of the judgment with the register of CCJ's

8- Company buy that data and start hassling his mum with their services.

She is not aware of any of the events that have lead up to the CCJ because any court orders or correspondence will have been sent to the solicitors who are on record as acting for her.

The possible reasons for this situation from point 2 onwards are either:

i) Her solicitors have not chased her insurers for the money they have to pay out for the third party claim. - She needs to ask them for confirmation of when they requested payment from her insurers of the other party's claim. Also, if they have record of receiving either the payment or confirmation the insurer has sent payment to the other party's solicitor.

ii) Her insurers are bone idle incapable specimens and have not raised payment as they are obliged to and have therefore caused this situation. - A serious complaint would need to be made about this.