Notice of Enforcement received for CCJ I wasn't even aware of - HELP!!!

Solsol

I really need some advice I'm planning on going to CAB first thing monday morning but I'm seriously stressed about this somebody please help..

So in August 2015 my husband (OH) had a car accident. The third party signalled to turn into the road we were coming out of but didn't turn and my husband drove into him. OH didn't admit liability but he was blamed for the accident - it was his fault as he didn't wait for third party to turn before moving off. Fair enough, we had fully comp insurance so went through them we had our car repaired and the thrid party received well over £1000 for his repairs and I thought it had all been sorted 18 months ago.

Now, almost 2 years after the accident, OH has received a Notice of Enforcement stating that he has not paid this man £7720.67 that he owes! There is a date of judgment dating back to February 2017 of which we were completely unaware - does this sound like a CCJ?! We have received nothing about this - no court summons etc and this notice states that we must pay by 22nd May before the debt becomes enforceable.

I spoke to ou car insurer who knew nothing about it so I can only assume he wasn't happy with his settlement and decided to sue my husband for further damages but we knew nothing about this until we received this notice of enforcement.

I'm going out of my mind with worry - I can't see how he thinks he is entitled to almost £8000 for a small dent in the wing of his van which was subsequently paid for through our insurance company, plus the fact that my husbnad may have a CCJ which he wasn't even told about I just can't understand how this could have happened without his knowledge.

Please can anybody help? I have two young sons, the youngest of which is only 16 months old and I'm petrified that bailiffs are going to show up for something which wasn't our fault - we've never even paid a bill late in our lives this just seems so unfair!

stuart30

You was insured...yes..?

Then relax as you would be covered by that,inform insurance company monday morning and let them deal with it.

If they were claiming Personal injury again that would be through your insurance...your not liable.

Honestly relax and let them take the strain..thats why we all have insurance.

Solsol

I spoke to them on Thursday as soon as I received the letter and she seemed confused as like I said, they had already paid him back in October 2015.
My worry is that it seems like my husband has already had this CCJ filed against him surely this would be out of my car insurance company's hands?
Also, after having a joint credit card and paying off the full balance every month for five years, our credit limit was suddenly reduced from £5600 to £1000 a couple of months ago with no explanation. I never questioned it as we rarely spend £1000 on it anyway but surely this can't be a coincidence? Looking back now, it happened just over a month after this court judgment.

macman

Have you moved house since the accident? If not, at what address were the court papers served?
As above, this is what your insurance is paying for, so get them on the case.
Sounds to me as if he's made a subsequent claim for injury or loss of earnings maybe (you said it was a van)?

Solsol

We haven't moved although they've actually spelt my husband's name wrong!
We did receive a letter from his solicitors back when the claim was going through stating what we owed him but as it was going through insurance I didn't do anything about it I'm sure I told the insurance company about it and they said it was being dealt with. Loss of earnings was on there but seriously almost £8000 after he's already been paid over £1000 through insurance?

It also seems like if we want the court to set this aside or something we'll have to pay over £200 just for that which is completely not our fault I just don't see how they can do this without giving us notice that it was even going to court!

MEM62

Please heed the advice that you have already been given. You do not have to deal with this!!!

Give all documentation to your insurers and let them handle it.

[Deleted User]

Solsol wrote: »

Also, after having a joint credit card and paying off the full balance every month for five years, our credit limit was suddenly reduced from £5600 to £1000 a couple of months ago with no explanation. I never questioned it as we rarely spend £1000 on it anyway but surely this can't be a coincidence?

Surely it could?

stuart30

Personaly i would call insurance again but dont bother with tele sales staff but ask to speak to an under wrighter.

Explain whats happend and also explain you expect them to deal with it.

Back that up with a written letter and send it signed for...at least if you end up taking the matter further you have proof you acted as reasonably expected.

If the 3rd party had taken out a claim against the driver...you would have received documents directly addressed to the driver and should have been pretty obvious,it was being done outside of the 3 rd parties insurance,however your insurance company would have still dealt with it.

We had something similar where 3rd parts rammed my wife..insurance wanted to settle 50/50 (i didn't agree but you don't get a choice) but he insisted bizarrely he was in the right,so hired a very aggressive well known firm (my solicitors words not mine) to pursue all manner of non existent injuries and damage to car.

Even then it still took roughly 18 months and dozens of letters before it was resolved.

Insurance company passed it to solicitors who dealt with it all.