CCJ for Car Insurance Claim

Sowffle

Yahoo_Mail said:

MovingForwards said:

I would actually be lodging a complaint with your former insurance company and getting them to deal with it.

I'd have thought it would be the OP who would have to file any request for a consent order or set aside?  Although the insurance co should absolutely be footing the bill for it.

Thanks for your response, and yes I think I will need to sort it myself, but hoping they will foot the bill for their mistake.

Sowffle

ratechaser said:

MovingForwards said:

I would actually be lodging a complaint with your former insurance company and getting them to deal with it.

I agree with the complaint, however I don't believe the insurer can get the judgement set aside - that's something the OP would have to manage themselves. That said, it sounds like that there are good grounds for this happening if the court documents we're served to the wrong address (and of course assuming that the OP had updated their insurer and the DVLA of their new address when they moved).

Hey, thanks for the response. I move insurer every year pretty much, due to costs etc. So I had moved insurer shortly after they told me in the July 2017 it was all settled and case closed. I did continue to live at that address for another 1.5 years with no further correspondence (they also still have my up to date e-mail address and received no communication that way either). DVLA was aware of my address change but it doesn't look like anyone tried to check that the address was correct. They even spelled my name wrong on the CCJ 

Sowffle

sourcrates said:

The judgement is in the OP`s name, so they will have to deal with that, set aside by consent would appear to be reasonable in the circumstances.

I think its a bit rich a policyholder should end up with a county court judgement because an insurance company has been dragging its feet, also the actions of the claimants solicitors targeting the policyholder personally, even though they were fully aware he was insured, is again, questionable.

You should most definitely send an official written complaint to Aviva, this kind of thing should not happen.
Insurance is expensive enough, you pay your premium, you expect to get a certain level of service, clearly they have seriously failed to achieve that in this case.

Thanks very much for your response, it is very helpful. I will try to go the consent route (that is if the claimant's solicitors decide to return my calls!).

I fully agree it is totally baffling how they have targeted me personally, I'm not clued up on money claims but surely they should have taken proceedings against the insurance company not me personally. Very bizarre and helps no one - I'm just glad I found out now and not when I might have been looking to buy a house a few months down the line.

I will definitely lodge a written complaint, thank you.

MovingForwards

They can't issue proceedings against your insurer as they were not involved in the accident.

Sowffle

MovingForwards said:

They can't issue proceedings against your insurer as they were not involved in the accident.

I don't think it's a matter of who was involved in the accident, it was a money claim that the insurer had agreed to pay (I had a contract with the insurance company to cover this for me after all) and because they couldn't get ahold of my insurer they slapped a CCJ on to me instead - which in my view is wrong, but that's apparently the right course of action in the solicitor's view it seems.

Yahoo_Mail

Sowffle said:

MovingForwards said:

They can't issue proceedings against your insurer as they were not involved in the accident.

I don't think it's a matter of who was involved in the accident, it was a money claim that the insurer had agreed to pay (I had a contract with the insurance company to cover this for me after all) and because they couldn't get ahold of my insurer they slapped a CCJ on to me instead - which in my view is wrong, but that's apparently the right course of action in the solicitor's view it seems.

I suppose the counter-argument would be what do they do if the insurer just ignores them?  If they can't get it from the insurer and they can't sue the driver?

I'm not sure the solicitors in the wrong here, sounds like it's been going on for 3+ years before they got a CCJ so there has been ample time for your insurer to pull their finger out and settle the claim.

MovingForwards

Sowffle said:

MovingForwards said:

They can't issue proceedings against your insurer as they were not involved in the accident.

I don't think it's a matter of who was involved in the accident, it was a money claim that the insurer had agreed to pay (I had a contract with the insurance company to cover this for me after all) and because they couldn't get ahold of my insurer they slapped a CCJ on to me instead - which in my view is wrong, but that's apparently the right course of action in the solicitor's view it seems.

It makes no odds it was a money claim, there's no right to issue proceedings against your insurance company, only you. Sorry, it's a cold fact, as is the TP sols issuing proceedings and obtaining a judgement.

Now you do need to get in touch with your old insurer and ask them to get it set aside. If it wasn't for them you wouldn't be in this situation now. It's the same as I always used to say to people in the same position.

Dinosaur5041

Credit reference agencies will remove CCJs relating to insurance claims from your file, google "registry trust removing a CCJ"
The CCJ stays in the court system but if you are wanting a mortgage this will help, cheers!