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County Court Claim for accident

Hope somebody can help.

I had an accident a couple of years ago. Very minor but my fault. Told the insurance company and they said they would deal with the claimants solicitor and leave it to them.

Didn't hear much about it, the most recent thing was the insurance company was still trying to come to an agreement with the claimants solicitor and that was as a result of my asking them. No correspondence.

So today I popped down to my mums for a visit and she handed me a letter from county court. A claim dated end of May 2015 and worse still a judgement 3 weeks later saying as I hasn't acknowledged the first letter " the defendent must pay the claimant an amount which the court will decide".

The problem is shortly after the accident in 2013 I moved home and informed the insurance company of the new address at the time. Now 2 years later the claimants lawyer has filed the claim with the county court money claims centre against me, no mention of the insurance company on the form. This was sent to the old address, happens to be my mums but could have been a complete stranger and I would have never known.

Because I hadn't been visited for a few weeks I missed the claim and because I didn't acknowledge it within 14 days it seems they have found in their favour.

I rang the number on the letter hoping I could ask them to give me more time but was told there is nothing I can do as a notice of transfer of proceedings has been issued.

I told the insurance company and they asked for the documents which I sent straight away by email. They had no idea about the claim.

Putting aside the fact that the claimant is trying it on for a personal injury claim, who is responsible for paying what ever is decided, the insurance company?

Why can't they accept I missed the papers as I don't live there anymore and can prove I don't. Do I simply wait to hear how much I have to pay? Seems bloody outrageous.

Is this judgement a ccj?

Any help appreciated its the first I have heard from the claimant in 2 years as until now it was being dealt through the insurance company.

Thanks in advance

Comments

  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Yes it is a CCJ.
    I do Contracts, all day every day.
  • Will the insurance pay for the claim?

    Any ideas how to get 14 day deadline extended seeing as it was sent to the wrong place?
  • It won't count as a CCJ on your record as it won't be a default judgment, it is what is a called interlocutory judgment as it is judgment for damages to be assessed.

    Just let your insurance company and their appointed solicitors deal with it. Odds are what they will do is negotiate a settlement as there is no point trying to contest the entering of judgment as there is no dispute on the cause of the losses (the accident being your fault), the only dispute is on the amount to be paid.

    You personally don't have to pay anything, it is your insurers who pay the claim.

    You were served at your last known address, so service is still considered to be sound.

    Just hassle your insurers to make sure they have passed the papers over to their lawyers so the lawyers can go on record at court and you won't then receive any further papers about the court proceedings.

    (I deal with this for a living)
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    CCJ's are unfairly vilified. A CCJ doesnt make it onto your credit file unless its in default - ie you've been found liable and not paid what the court has ordered you to do.

    It is perfectly normal that certain things end up in court and the fact you lost (or didnt win 100% to be more accurate) doesnt really reflect on your credit worthiness. Now defying a court and not paying does hence why they go on.

    Your insurers will deal with the matter for you and you need to forward it to them ASAP and let them know its coming - send the original but keep copies for yourself just in case it goes AWOL.

    If you ever move home, its always sensible to set a years redirection of post with Royal Mail to avoid issues of papers going to your former address
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    All default CCJ are interlocutory judgements, they become full judgements if you do not appeal or pay.
    Do not think the insurance will pay up and it will all go away.
    You need definite answer with a timescale attached and plan of what they intend to do and when.
    If they can not commit to this I would file a N244 form and request a re-hearing due to incorrect service of papers.
    This will generate a new hearing where if the insurance have failed to act as in paying or appealing on your behalf you can add them as a counterclaim to the hearing forcing them to sit up and take notice.

    So make sure the insurance have a plan on the table they can convey to you to show they are not going to throw you to the wolves.
    The CCJ has your name on it, hence you must act in your interests and quickly.

    If your insurers can not come up with a option very quickly, you should look at the N244 form before the deadline of payment or you will have a CCJ registered on your credit file for six years.
    If not paid, Bailiffs could also be instructed to attend which could result in your goods levied such as your car.

    So a very stern telephone call and see what plan the insurance have for dealing with this.
    Wait and see and we will get back is not an acceptable answer.
    I do Contracts, all day every day.
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