Surprise CCJ Not my Fault

tajheel

Dear All,

I am in receipt of over £7000 CCJ from accident claim solicitors for an accident I was involved about 1.5 year ago. This solicitors firm send me a letter about a month ago claiming such a big amount instead of my insurance so I forwarded that to my insurance company and they confirmed me via phone that they have received a claim from this solicitor firm and their solicitor will be dealing with this claim on my behalf and there is no action is needed on my side so I left this claim to deal with insurance company, than I asked my insurance to confirm that via email which they did.

CCJ against my name come as a big surprise. I completely don’t understand the logic and harassment tacit adopted by solicitor firm why they are making me responsible to pay for the claim while I have already give my details to all the drivers and to my insurance company soon after the incident, plus they are also talking to my insurance company. I was involved in an accident and there were 5 vehicle involved in that incident, after the incident police arrived and insurance details was exchanged. No other driver approached me directly for any claim but the driver represented by this bullying solicitors.

I am professional and my credit history is clean and I never involved in any trouble and I never been to court. I google last night and learned that I can put CCJ set aside but I have to pay court fee which £225. Can someone please guide me what is right course of action, especially how do I put counter claim against this solicitors firm for harassing me personally while they are talking to my insurance company.

Also I had a fully comprehensive insurance with this massively big insurance company and they confirmed me via email that they are dealing with this solicitor firm on my behalf, if the insurance company fail to do what I paid for what actions I can take against them because their unprofessionalism I end up getting CCJ and they failed to keep me to date with the progress of the case.

Thanks,

[Deleted User]

Do you mean you've had a letter about a CCJ, or there is one on your file?

Get onto your insurance company and find out what the situation is.

Forget about taking the world and his wife to court for now.

tajheel

CCJ is not on file as yet, they send me a letter "judgement for claimant".

Comms69

tajheel wrote: »

Dear All,

I am in receipt of over £7000 CCJ from accident claim solicitors for an accident I was involved about 1.5 year ago. This solicitors firm send me a letter about a month ago claiming such a big amount instead of my insurance so I forwarded that to my insurance company and they confirmed me via phone that they have received a claim from this solicitor firm and their solicitor will be dealing with this claim on my behalf and there is no action is needed on my side so I left this claim to deal with insurance company, than I asked my insurance to confirm that via email which they did.

CCJ against my name come as a big surprise. I completely don’t understand the logic and harassment tacit adopted by solicitor firm why they are making me responsible to pay for the claim while I have already give my details to all the drivers and to my insurance company soon after the incident, plus they are also talking to my insurance company. I was involved in an accident and there were 5 vehicle involved in that incident, after the incident police arrived and insurance details was exchanged. No other driver approached me directly for any claim but the driver represented by this bullying solicitors.

I am professional and my credit history is clean and I never involved in any trouble and I never been to court. I google last night and learned that I can put CCJ set aside but I have to pay court fee which £225. Can someone please guide me what is right course of action, especially how do I put counter claim against this solicitors firm for harassing me personally while they are talking to my insurance company.

Also I had a fully comprehensive insurance with this massively big insurance company and they confirmed me via email that they are dealing with this solicitor firm on my behalf, if the insurance company fail to do what I paid for what actions I can take against them because their unprofessionalism I end up getting CCJ and they failed to keep me to date with the progress of the case.

Thanks,

Why didn't you put in a defence?

tajheel

I only received a letter yesterday in the post will have to defend my case but do you think I have to pay court fees? or my insurance company should deal with this as they stated in their email that their solicitors will deal with this matter on my behalf and I don't need to take any action.

Comms69

tajheel wrote: »

I only received a letter yesterday in the post will have to defend my case but do you think I have to pay court fees? or my insurance company should deal with this as they stated in their email that their solicitors will deal with this matter on my behalf and I don't need to take any action.

Im confused you've received judgment, which means it's already been to court.


So you will have to apply for a set aside.


But yes ultimately your insurers should deal with this

National_Debtline

Hi Tajheel and welcome to MSE,


A judgement for claimant means the CCJ has been entered and your credit file will be updated shortly to show this. If the claim forms came in your name, then I am afraid they were up to you to deal with, irrespective of what your insurance company said. You may be able to set this aside, but you will need legal advice first. I appreciate you had fully comprehensive insurance but this needs to be looked into further as to why your insurer has still not paid out the money? Ultimately you could raise a complaint with the insurance company about the way this has been handled and any out of pocket expenses you have because of them.


A set aside does cost £255 and takes the judgement back to the beginning (if you are on certain benefits you may get this fee waivered/ discounted with an EX160). The court will assess how long has it taken you to file this application (were you prompt), why you didn't reply to the original forms, and do you have a realistic prospect of a defence. This will normally generate a hearing that you will need to attend and if you are successful, the claimant should need to reissue the claim forms and this will give you a chance to defend. However, if you are unsuccessful, please be aware that not only will the CCJ stand, it could increase through legal costs of the other side.


If you decide not to challenge the judgement, for any reason, then you will need to ensure the payments are set at an affordable rate to avoid enforcement action.


Laura
@natdebtline

tajheel

This is first time I received letter through post and it saying following:

" To the Defendant"
You have not replied to the claim form. It is therefore ordered that you must pay the claimant £6868.36 for debt (and interest to the date of judgement) and £577 for the costs.

You must pay claimant the total of £7445.36. forthwith

What is this letter? what it means?

Comms69

tajheel wrote: »

This is first time I received letter through post and it saying following:

" To the Defendant"
You have not replied to the claim form. It is therefore ordered that you must pay the claimant £6868.36 for debt (and interest to the date of judgement) and £577 for the costs.

You must pay claimant the total of £7445.36. forthwith

What is this letter? what it means?

It means you didn't reply to the claim papers and you have lost in court.

National_Debtline

Hello again,


It means that a CCJ has been entered against you and the money is to be paid immediately (forthwith). If you are unable to do that the claimant can consider enforcement action. Please be aware that if you file a set aside then you can ask for enforcement action to be put on hold (stayed) pending the hearing, but its at the courts discretion.


Enforcement action would most commonly include a charge on your home (if you are a homeowner), bailiffs, or an attachment of earnings order on your wages (if you work PAYE).


Laura
@natdebtline

tajheel

Oh my God, I don't see its my fault at all. What are my option how to I revert this.