County court claim for RTA??

OnanTheBarbarian

Quentin's advice is absolutely spot on, if you meddle and have a go at filing a defence you will just mess the situation up also.

The court forms need to be immediately passed onto the insurance company so they can get their lawyers to file the appropriate responses. What must be done is a daily badgering of the insurers and then the solicitors they appoint until it has been confirmed they have filed an acknowledgment of service with the court. Once that has been done, all future communications on the matter will be sent to the solicitors.

Marktheshark

If the CCJ is ignored by the Insurance company who appear to have done a good job of ignoring the bill sent to them.
Then it will be registered by default.
The payment must be then made in full within 30 days usually, they can order it to be 14, but 30 is normal.
If the CCJ is not paid in the time ordered, the OP has a CCJ on their credit file for 6 years and the possibility of bailiffs removing goods and seizing their car.

This is the facts.

Hope they deal with it or have a back up plan.
They are legal options for a back up plan and one in particular that will make damned sure the insurance company get involved.

OnanTheBarbarian

Marktheshark wrote: »

If the CCJ is ignored by the Insurance company who appear to have done a good job of ignoring the bill sent to them.
Then it will be registered by default.
The payment must be then made in full within 30 days usually, they can order it to be 14, but 30 is normal.
If the CCJ is not paid in the time ordered, the OP has a CCJ on their credit file for 6 years and the possibility of bailiffs removing goods and seizing their car.

This is the facts.

Hope they deal with it or have a back up plan.
They are legal options for a back up plan and one in particular that will make damned sure the insurance company get involved.

But if it happens on the insurer's watch, it is their problem to undo such as getting the judgment set aside or getting any entry on the register removed, plus compensating the policyholder for any adverse situation.

Marktheshark

Here is the Legal option.
The Defendant can claim in a filed defence "Indemnity" under Civil procedure rules.
They must be able to prove indemnity exists at the hearing, by way of a certificate of motor insurance.
The relevant section of the Civil procedure is contained within section 20.


20.4
PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS
Section 20.6
Defendant’s additional claim for contribution or indemnity from another party

20.6

(1) A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution or indemnity against a person who is already a party to the proceedings by –

(a) filing a notice containing a statement of the nature and grounds of his additional claim; and

(b) serving the notice on that party.

(2) A defendant may file and serve a notice under this rule –

(a) without the court’s permission, if he files and serves it –

(i) with his defence; or

(ii) if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or b) at any other time with the court’s permission.

OnanTheBarbarian

Sorry Mark, but you are just adding a load of additional confusion and unnecessary problems to a situation.

That is saying the OP's friend (the defendant) would have to bring their insurance company into the claim as an additional party. Completely unnecessary as the insurer has a duty to settle the claim and any judgment under Section 151 RTA. The OP already has an indemnity from their insurer (we assume).

Just get the papers to the insurers and harass them until sols are on record and dealing.

Take it from me, I'm the nasty man who issues these claims against such people in the first place every day of the week because their insurers are too lazy to settle in time.

Footy1978

Hi all and thanks for the advice. . insurer contacted today and they said to send the form directly to them and follow up with email. This will be done recorded mail and followed up!

Some confusing advice now about defense etc. . hopefully insurer will just deal with this now

dannyrst

Footy1978 wrote: »

Hi all and thanks for the advice. . insurer contacted today and they said to send the form directly to them and follow up with email. This will be done recorded mail and followed up!

Some confusing advice now about defense etc. . hopefully insurer will just deal with this now

Let's hope so seems that's why we pay insurance!

Marktheshark

The best defence is Indemnity and one that will get the insurance to either pay before CCJ stage or send someone to defend it.

You would need to write by certified post to the insurance firm.
Court Claim Number, basic letter headed .
LEGAL NOTICE
Lines along a court claim has been lodged against myself XXXXX
You are placed on legal notice that in line with Civil procedure rules it shall be my intention in the lack of action by yourselves to submit a defence of Indemnity in accordance with Civil procedure rule 20.6.
I therefore request you forward me a plan of how you intend to deal with this claim and advise accordingly.
Failure to do so shall leave me no option but to name XXXXXX Insurance in Indemnity defence.
Yours Mr/ Mrs XXXX

Obviously tidy up, but along them lines.

If they intend to "sort it out" then the notice is of no relevance to them.
However a quick read of the boards will show people who have been left with CCJ after Insurance firms decided to take the proverbial.

Footy1978

If they fail to do anything, and they have said they will, at what point does the defence need to be submitted?

EdGasket

There should be a deadline in the papers you have been sent by which to file a defense. It's usually only a couple of weeks; not long.