CCJ against me for an insurance claim 1 October 2021 at 5:42PM edited 4 October 2021 at 3:35PM in Motoring 54 replies 4.8K views

Teme9

Hi,

Sometime in March while heading home after work, moped driver was too close to me and went into the back of me at a red light. 
He claimed that I reversed, and I escalated to my insurance company. Received letters from his Solicitors which I sent over to my insurance, hadn't heard anything for the last 6 months.
Now received a CCJ from LIverpool county court to request me to pay over £20,000 to him.
I have esclated to my  old insuracne company - aviva lol, been waiting a response from their solicitors keoghs, nada. Tried all day to contact them, bounce from one to another to another. 

Incredibly frustrating situation, almost a fraud situation with him claiming a fault that didn't even happen. Undue stress and feel my insurance is not taking it seriously.

Would really appreciate advice from you kind hearted people.

eskbanker

I don't understand how you've received a CCJ after not hearing anything for six months, so worth starting by contacting the court and finding out everything you can about the case and why you weren't made aware of it, i.e. where the paperwork was sent, etc.

You obviously need to keep trying to make contact with the solicitors, who should be able to advise you on how to go about dealing with the CCJ.

Teme9

eskbanker said:

I don't understand how you've received a CCJ after not hearing anything for six months, so worth starting by contacting the court and finding out everything you can about the case and why you weren't made aware of it, i.e. where the paperwork was sent, etc.

You obviously need to keep trying to make contact with the solicitors, who should be able to advise you on how to go about dealing with the CCJ.

Apologies for the mistake, just read the paperwork in more detail. It is a claim form.
It is from the solicitor trying to get £20,000 from me directly because my insurance company has rejected their claim for money so theyre going for broke.  

stebiz

He's trying it on. In the claim form I would be saying you are defending the claim and pass all paperwork to your insurer. If the insurer declines to get involved it will need to be escalated within the company or to the ombudsman. 

ItsComingRome

stebiz said:

He's trying it on. In the claim form I would be saying you are defending the claim and pass all paperwork to your insurer. If the insurer declines to get involved it will need to be escalated within the company or to the ombudsman. 

They're highly unlikely to be trying it on.  More likely the insurers have refused to deal with the bogus claim.

The OP is indemnified by the insurance company, but they are the entity that needs to be sued.

sourcrates

Teme9 said:

eskbanker said:

I don't understand how you've received a CCJ after not hearing anything for six months, so worth starting by contacting the court and finding out everything you can about the case and why you weren't made aware of it, i.e. where the paperwork was sent, etc.

You obviously need to keep trying to make contact with the solicitors, who should be able to advise you on how to go about dealing with the CCJ.

Apologies for the mistake, just read the paperwork in more detail. It is a claim form.
It is from the solicitor trying to get £20,000 from me directly because my insurance company has rejected their claim for money so they're going for broke.  

You must ensure this gets dealt with, as strict time scales now apply.

Essentially allowing the Insurance company to "deal with it", will not stop you from being hit with a CCJ by default.


Now a claim form has been issued, you must deal with the matter, you should acknowledge service online, this gives you 28 days in total to lodge your defence to the claim.

At the same time inform the insurance company what has happened, do you have legal cover ?

Because if you do, now is the time to take advantage of it, if you don`t, then get advice from either a solicitor, or at "Legal Beagles" online.

The claimant has chosen to try to extract this money from you personally, rather than the insurance company, who most probably have dismissed their original claim, its your name on the court papers now, so you have to deal with it.

Teme9

sourcrates said:

Teme9 said:

eskbanker said:

I don't understand how you've received a CCJ after not hearing anything for six months, so worth starting by contacting the court and finding out everything you can about the case and why you weren't made aware of it, i.e. where the paperwork was sent, etc.

You obviously need to keep trying to make contact with the solicitors, who should be able to advise you on how to go about dealing with the CCJ.

Apologies for the mistake, just read the paperwork in more detail. It is a claim form.
It is from the solicitor trying to get £20,000 from me directly because my insurance company has rejected their claim for money so they're going for broke.  

You must ensure this gets dealt with, as strict time scales now apply.

Essentially allowing the Insurance company to "deal with it", will not stop you from being hit with a CCJ by default.


Now a claim form has been issued, you must deal with the matter, you should acknowledge service online, this gives you 28 days in total to lodge your defence to the claim.

At the same time inform the insurance company what has happened, do you have legal cover ?

Because if you do, now is the time to take advantage of it, if you don`t, then get advice from either a solicitor, or at "Legal Beagles" online.

The claimant has chosen to try to extract this money from you personally, rather than the insurance company, who most probably have dismissed their original claim, its your name on the court papers now, so you have to deal with it.

thank you, this was what my gut feeling was that this is whats happened. 

My insurance most likely rejected claims and the no win no fee solicitors have decided to go directly for me. Shame that these sort of things exist to just cause more trouble than anything else. 

This original claim took place with my previous insurer and i have since moved to another motor insurance. Both motor insurance have legal cover. Should i stick with original insurer or ask the new one to get involved?

I'll acknowledge service online as youve said and contact the solicitors for aviva to get some advice.

sourcrates

Teme9 said:

sourcrates said:

Teme9 said:

eskbanker said:

I don't understand how you've received a CCJ after not hearing anything for six months, so worth starting by contacting the court and finding out everything you can about the case and why you weren't made aware of it, i.e. where the paperwork was sent, etc.

You obviously need to keep trying to make contact with the solicitors, who should be able to advise you on how to go about dealing with the CCJ.

Apologies for the mistake, just read the paperwork in more detail. It is a claim form.
It is from the solicitor trying to get £20,000 from me directly because my insurance company has rejected their claim for money so they're going for broke.  

You must ensure this gets dealt with, as strict time scales now apply.

Essentially allowing the Insurance company to "deal with it", will not stop you from being hit with a CCJ by default.


Now a claim form has been issued, you must deal with the matter, you should acknowledge service online, this gives you 28 days in total to lodge your defence to the claim.

At the same time inform the insurance company what has happened, do you have legal cover ?

Because if you do, now is the time to take advantage of it, if you don`t, then get advice from either a solicitor, or at "Legal Beagles" online.

The claimant has chosen to try to extract this money from you personally, rather than the insurance company, who most probably have dismissed their original claim, its your name on the court papers now, so you have to deal with it.

Should i stick with original insurer or ask the new one to get involved?

I'll acknowledge service online as you've said and contact the solicitors for Aviva to get some advice.

Original insurer first, see what the response is, then current one if you need to.

Teme9

Just another update: 

Tried to acknowledge service online but I don't have a defense password. Reviewing the paperwork again, this has all been sent to me by his solicitors. This is all copies of their paperwork that they've sent across - not sure if this is just a scare tactic.

There is a defense claim pack attached to it but I have actually yet to receive any paperwork from Liverpool County court themselves. There was also a copy of a notice of issue, which is blank and has no dates on it. I'll be calling the county court tomorrow to find out !!!!!! is actually going on cause this is seeming more bogus. 

The only thing i do have is a claim number from the court. 

sourcrates

There should be a response pack, which includes the form N9A or N9C.

Also a defence pack, which includes form N9D.

You won`t get anything from the court, these forms can be down loaded from the web.

Calling the court would be my next move yes.

magpies79

I had this happen to me years ago all be it my fault so guess that changes things a lot my insurance paid out for the repair of his car the driver then took me to court for injuries sustained and money through loss of earnings through time off work just a random letter through the door from his solicitor like at least a year after the accident.
I like you was also with a different insurance Company I rang up the insurance company i was with at the time they told me to forward all legal paperwork to them and it would be dealt with never heard anything again.