Found month old CCJ for Car accident - urgent help needed

jason192

Hi,

I found a mystery CCJ on my credit file a few days ago (great christmas present!) I had absolutely no idea what it was for so I rang the court today and they told me it was for a road traffic accident.

The CCJ is for £2.5k

So after knowing this, the only car accident I have had is at the start of the year, so it must be this. I was not at fault but the third party was saying I was to blame and I was saying the third party was to blame, so it was my word against theirs. There were no witnesses or any evidence as far as I know from either side (my insurance told me this). My insurance said it will be a 50/50 claim. After it happened I kept ringing my insurance every couple of weeks to see if there was any progress but they were useless to say the least. I pretty much gave up in the end as they were almost getting annoyed at me for ringing them so much.

Here's the really horrible part... I moved house just before the count summons was sent so I had no idea about it. I regrettably did not notify my old insurance of my change of address, but they did have my mobile number and email address. When I spoke to them earlier today they said they emailed me about this but I did not get an email. I also believe they have my mobile number (I really can't see how they couldn't have as I would have given it to them numerous time) but they said they only have 2 landlines (both of which were old due to moving)

My insurer says they are looking into this, but at the moment it seems I could have the baliffs turn up on my doorstep.

I cannot believe my insurers even let it get to this point, isn't this what insurance is for?

I have researched what I need to do and I believe I need to send the court a N244 form saying I wish the CCJ to be set aside.

I understand that if you do not let your creditors know you've moved, it can be hard to get one set aside. However in this case it seems it may a little different - we're not talking about loans or credit cards, my insurer is not a creditor, right? And it's also not my insurer who's the claimant - I have no direct contact with the claimants insurers or solicitor so how am I able to notify them about my change of address?

Do you think I have a chance of this? Has anyone got any other advise that might help me?

If I should be sending the N224 form, is there anything particular I need to say on it?

Any questions please do ask.

Many thanks.

forgotmyname

You cannot believe the insurers let it get to this point? You failed to inform them of the court claim.

The claim was ongoing so would have been wise to setup mail forwarding if the new occupiers would not forward it for you.

jason192

Your post is not helpful, just patrinising and trolling. Unless you've got any actual helpful thoughts please refrain from talking down to me im not here for that and it seems a lot of people on this forum are very wuick to jump on this bandeaggon to score brownie points from your peers. Thanks but no thanks :beer:

jason192

And to put patroniser straight i did say in my post the insurance company got sent a court order, they said they emailed me telling me but i never got this email.

elsien

If you want helpful answers, may I suggest you don't respond to the ones you don't like by calling people patronising trolls.

jason192

Or just wait for people who have a clue to give me a hand

NYM

What is the claim for? Did you have legal protection ?

jason192

Hi NYM,

I' presuming the claim is for the damage / repair costs to their car.

All i could find out from ringing the court is tha it was for an RTA and the claiments name

I believe I did have legal cover with my policy.

Thanks.

NYM

You can ask your previous insurers for details of the claim and if they did in fact settle on a 50/50 basis. If you did have legal cover, contact them to deal with the court claim. That is what the cover is for.

magpiecottage

Okay

First of all, have you made it clear to the insurer that you are dissatisfied with the way they failed to insure that the claim was handled by them?

You need to tell them

1) You had heard nothing from them so you assumed it had been resolved
2) They should never have let it get that far.
3) You want them to sort it out.
4) This includes clearing your credit record
5) Since, if they had handled it properly, you would have had half of your policy excess back (on the basis of a 50:50 claim)
6) You want compensation for the trouble and upset their failure to resolve the matter has caused you.


There is a possibility that they may argue that you should have informed them of your move - which I assume was after you took out your new insurance policy with somebody else. However, I would counter that by arguing that they are the professional insurance company, not you, so knowing that their policy was ending, the onus was on them to contact you and explain that the claim was not yet resolved and they needed to keep in touch.

I suggest you e-mail that now. They will then have eight weeks to respond. If you have already told them you are unhappy, remind them when that was and that the eight weeks started then. (A telephone call is sufficient for this).


If it is not satisfactory then you can go to the Financial Ombudsman Service - this is free.

jason192

thanks for your help.

I'm sending off the n244 - i'm hoping it will get set aside due to the fact I was insured at the time of the accident and I didn't get the court papers. I believe my insurance company should be a joint defendant of the case too, another point in my defence.