Set aside CCJ

matkins_

Hi,

Apologies for a long post but I feel that I do have to put all the details in. And hopefully I have posted it in right forum...

Long story short:

I have had a car accident and it was my fault in Dec 2012. I was driving a car registered in Poland and it was insured at AXA insurance company… I have obviously gave all required info to my insurance company and the last communication I have had with them in the middle of 2014 so I have thought that the case was closed…

In the middle June 2018 I have had bailiffs knocking on my door asking to repay £25k and it was the first time anyone told me that I owe any money to anyone so I was bit surprised… Came back to my insurance company at the time of accident to clarify it, they have done some investigations on their own and came back to me on 22.08.2018 that I shouldn’t worry and they will take over this case by their UK representatives (Coris UK).

Now I have started a new role and new employer has done some backround checks on me and I have found out that there is CCJ on my name but with different amount and date (£5k and the date of the CCJ was 9/1/2017)

Done some checks myself already and my insurance company did pay all the money the claimants solicitors and HCE wanted (have the confirmation from both claimants solicitors and HCE that all money has been repaid now)

I have found out that I need to apply to the court to set the judgement aside and I have written a statement to back my application and I was hoping that some of you guys can read it and advise if it it written correctly... I have seen few examples on this forum where this community has been super helpful so hopefully you'll be able to help me out as well.

Statement:

I am xxxxxxxxxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 27/11/2018 to set aside the County Court Judgement dated 09 January 2017 as it was not properly served at my current address. Also I believe that I shouldn't even be the defendant in this case as my insurance company should be responsible for paying any money to the claimant.

Firstly I would like to explain that I am doing this application now as I have just found out that there is CCJ on my name. My new employer has completed background checks on me and it came to light on 16.11.2018.

I have also never received any previous documentation from the Claimant, court or anyone else in this matter and I thus was never able to challenge the Claimant’s claim.

I believe that the reason I have never recieved any correspondence regarding this case was because I have moved out of 4 Deacon Close around October 2014, which was almost 2 years after the car accident took place (28.12.2012) and no claims were made till I have moved out.

Also taking into consideration that:
- My insurance company was involved - they have had my contact details (mobile telephone number and email address).
- My telephone number has not changed since the time of the accident and the claimant did have it (Unfortunately I can't proove it, but I do recall us having telephone conversations in January of 2013 right after the accident).
- The claimant also had details of my insurance policy.

I think it was safe to assume at that time that the case is closed and I should not worry about it. Also what I am trying to say is that I wasn't avoiding being contacted in that case and the claimant did not do all he could to contact me.

Also as soon I have found out about CCJ I have also contacted:
- Claimants Solicitors: they have confirmed that all the money they were claiming for their customer was retrieved and their file for this case is closed. (Evidence in Appendix A)
- High Court Enforcement Group as I have been paid a visit from Bailiff in June 2018, regarding the same car accident but the court order supporting this debt execution was dated at march 2018 so I am not sure if it is relevant for this case, but HCE has confirmed that all money they were claiming was paid in full by my insurance company (Evidence in Appendix



This is really important as I am afraid that I will not be able to work for my new employer until this is sorted... Has anyone got an idea of how long could this process take?

Will greatly appreciate any help/suggestions on how to get rid of this CCJ... :beer::beer:
Many Thanks!

twhitehousescat

this could take several months to sort out , a set aside does not happen overnight and will cost you £255 to proceed

[Deleted User]

If you didn't update your insurer with your new address then it's not down to them to chase and look for you.

You'll be lucky to get it set-aside purely for that reason.

matkins_

Hi,

Well my insurer had my details all the time and we were in contact till mid 2014 via email. I think the issue was that the guy (or the solicitors he hired) should be claiming money from my insurer instead of me directly and then it would be fine.

Is it not safe to assume that If I haven't had any comms from any claiming parties for 2 years from the date of the accident that the case is sorted?

Thanks

welly_59

!!! wrote: »

If you didn't update your insurer with your new address then it's not down to them to chase and look for you.

You'll be lucky to get it set-aside purely for that reason.

Why would you tell an old insurer that you have moved? I know you are the negative voice on this forum, but that advice has to be one of your worst efforts yet.

fwor

welly_59 wrote: »

Why would you tell an old insurer that you have moved? I know you are the negative voice on this forum, but that advice has to be one of your worst efforts yet.

I think he is just highlighting a genuine, practical problem. The OP may have updated his phone number and email address, but courts cannot issue court papers to either of those - so they simply use the address that is held on record.

We can only guess, but perhaps his insurance company refused to pay the other party's claim and they had no alternative but to take court action? In that case the insurance company would have given the only address that they had on record, and this is where the papers would have been served. It's quite possible that they did not pass the OP's phone and email details to the other party in the accident.

[Deleted User]

welly_59 wrote: »

Why would you tell an old insurer that you have moved? I know you are the negative voice on this forum, but that advice has to be one of your worst efforts yet.

It's not a negative voice - it's speaking the truth, in the real world, not the MSE bubble-wrapped world people seem to live in.

Avoiding debts is not money saving.

GM1880

Having gone through a successful set aside in the last year, i’d take peoples opinion on here as to the likely success with a pinch of salt. Based on the infornmation you’ve given there are grounds I’d guess. But head to legal eagles.info, they’re far more likely to give you accurate advice.