CCJ against me for an insurance claim

Teme9

sourcrates said:

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.

thank you very helpful, response pack is here which i will e-mail across so i have proof of everything 

no defense pack though, not sure if solicitors purposefully took this out as certainly no defense password either

Teme9

magpies79 said:

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.

ye if i was at fault than i am happy to put my arms up and be done with it
but its incredibly frustrating to get these empty court claims and risk of escalation when I have more urgent things to take care of in my life, its a shame people resort to these things and the solicitors who encourage the behaviour

ItsComingRome

Teme9 said:

magpies79 said:

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.

ye if i was at fault than i am happy to put my arms up and be done with it
but its incredibly frustrating to get these empty court claims and risk of escalation when I have more urgent things to take care of in my life, its a shame people resort to these things and the solicitors who encourage the behaviour

The other side of the coin is that they feel that they are right and can't understand why your insurance fobbed them off.

There are always two sides to every story.

magpies79

Teme9 said:

magpies79 said:

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.

ye if i was at fault than i am happy to put my arms up and be done with it
but its incredibly frustrating to get these empty court claims and risk of escalation when I have more urgent things to take care of in my life, its a shame people resort to these things and the solicitors who encourage the behaviour

I understand what your saying I’d be the same but what I’m trying to say is regardless if you were at fault or not isn’t that stuff covered under policy at the time? mine was hence I didn’t pay a penny as it was all done through my insurance and I was at fault personally I’d be onto the insurance company to get answers because if you had stuff like legal cover at the time it’s for this very reason hope it gets sorted for you either way.

DCFC79

@Teme9 have you found out where the other paperwork was sent to, as you should have received something before now.

Teme9

ItsComingRome said:

Teme9 said:

magpies79 said:

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.

ye if i was at fault than i am happy to put my arms up and be done with it
but its incredibly frustrating to get these empty court claims and risk of escalation when I have more urgent things to take care of in my life, its a shame people resort to these things and the solicitors who encourage the behaviour

The other side of the coin is that they feel that they are right and can't understand why your insurance fobbed them off.

There are always two sides to every story.

if you saw what he was claiming for, you wouldn't think this:

£2000 preacident value
£20000 hire cost
recovery and storage £1000
loss of earning tbc
helmet £395 
watch tbc
jacket tbc
iphone £700

Teme9

DCFC79 said:

@Teme9 have you found out where the other paperwork was sent to, as you should have received something before now.

Spoken to the court, as the solicitors have filed it, they are the ones to provide the paperwork of which they have given a defence pack which I will submit via e-mail for acknowledgement and then have a defence written up by a solicitor to submit.

Speaking to the court, it seems they just process any civil claim as it is a civil claim and then will review after a defence has been submitted from myself. 

Have recontacted aviva and the one bloke i spoke to on thursday didnt file or write anything down, have spoken to another colleague and have the name of the solicitor who was managing the original case at keoghs so trying to just get everything together. Also have found flaws in some of the paperwork submitted by the solicitor so will be writing this down too for the defense.

Will keep you updated on the events. 

Manxman_in_exile

Maybe I'm missing something obvious(?)... but surely all the OP needs to do is to pass all this on to their insurer?

Surely the OP's insurance policy (ie the one that was in force at the time of the incident) will instruct the OP that on receipt of any third party claims, they must immediately inform the insurer of the claim and pass all claim related documentation on to them, and let them handle everything from there.

If I were the OP I wouldn't be doing anything other than informing whoever was insuring me at the time of the accident about the claim, and asking for their instructions as to what - if anything - I should be doing.  I'd want to make sure I didn't do anything that might go against the T&Cs of my policy.  In particular, I'd contact them urgently by 'phone and ask if I even ought to be acknowledging the claim at this stage (the OP has given no dates) or whether I should leave it to them - my insurer - to deal with.

Whether or not the third party or their solicitor has already had a claim against the OP's insurance company rejected is irrelevant - the OP paid their premiums for the insurance company to deal with claims and that's who needs to handle this one.  If the OP contacted the relevant insurer on Thursday (am I understanding that correctly?) I don't know why they haven't given him clear instructions as to what (if anything) to do about this.  (I assume that if they had given clear instructions, the OP wouldn't be posting here over a weekend?).

[Edit:  Wouldn't the OP be best advised to get this thread moved to either the Insurance or the Motoring boards to get the most appropriate advice?  I'm not sure Credit File & Ratings (?) is the best place?  I only found it looking for something else]

Teme9

Manxman_in_exile said:

Maybe I'm missing something obvious(?)... but surely all the OP needs to do is to pass all this on to their insurer?

Surely the OP's insurance policy (ie the one that was in force at the time of the incident) will instruct the OP that on receipt of any third party claims, they must immediately inform the insurer of the claim and pass all claim related documentation on to them, and let them handle everything from there.

If I were the OP I wouldn't be doing anything other than informing whoever was insuring me at the time of the accident about the claim, and asking for their instructions as to what - if anything - I should be doing.  I'd want to make sure I didn't do anything that might go against the T&Cs of my policy.  In particular, I'd contact them urgently by 'phone and ask if I even ought to be acknowledging the claim at this stage (the OP has given no dates) or whether I should leave it to them - my insurer - to deal with.

Whether or not the third party or their solicitor has already had a claim against the OP's insurance company rejected is irrelevant - the OP paid their premiums for the insurance company to deal with claims and that's who needs to handle this one.  If the OP contacted the relevant insurer on Thursday (am I understanding that correctly?) I don't know why they haven't given him clear instructions as to what (if anything) to do about this.  (I assume that if they had given clear instructions, the OP wouldn't be posting here over a weekend?).

[Edit:  Wouldn't the OP be best advised to get this thread moved to either the Insurance or the Motoring boards to get the most appropriate advice?  I'm not sure Credit File & Ratings (?) is the best place?  I only found it looking for something else]

Thank you for the reply. I received the letter on the 30th september, the solicitor had dated the paperwork on the 21st september. 

I did hand over to the insurer and I would've thought that should be dealt with but if the insurer fails to act on it (i.e within 14 days) urgently than the 3rd party solicitors will just put through a CCJ to the court. I have sent across all relevant documents to the insurer and was informed they would contact the solicitors and they will be in touch with update of which I had received none until today when I chose to contact their solicitors directly. First response i got from the solicitors who said they will hand to their litigation team and I have nothing to worry about. 

However my concern is if the solicitors slack and do not prioritise the county court claim amongst their jobs and don't respond  within 14 days, and I get a CCJ, they may put their hands up and call it an oopsie. Then its my name with a CCJ and I'd rather avoid another hassle.

I have emailed the solicitor whether I should submit an acknowledgement or do anything further and awaiting response.

I'm also seriously considering counter suing for false claim and undue stress but we'll see on that front. 
 

Jenni_D

sourcrates said:

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.

Are you sure? If someone had actually raised a claim against me then I would take anything they sent me as incidental information - the only thing that would matter would be receiving the actual claim form and instructions from the CCBC. (This would include the claim number and password for logging on to MCOL to acknowledge the claim).

Unless things are different for civil claims that are not on the small claims track? (The value of this claim suggests it would not fall within the small claims track. However is the track decided when the claim is filed, or after the defendant has acknowledged it then submitted a defence? I think it's the latter, which is why I posted the paragraph above).