Let down by AXA who didn't represent us in court

JLP1976

My husband had a collision in 2018 which we were contesting, as were AXA.  We weren't at fault by that is a bit irrelevant at this stage.

We received court paper work and have dutifully passed everything on to AXA as instructed - with increasing alarm as AXA have consistently failed to respond to any contact, despite me copying my emails into any address I could find, including their complains department.  More recent emails were returned saying deleted unread.

On Monday we received a letter saying that the case had gone to court and the other person had won, as no-one turned up to defend our case.  We now have a county court judgement (I think - it says it will show up on credit checks)  owe over £4300 and a threat of bailiffs removing our property should we not pay.

To add insult to injury, the claimant is still driving around in her car, ours was written off and by the time we paid the excess and the rest of the year's premiums, we couldn't afford a replacement.  The accident was caused by the claimant driving right up to my husband while flashing her lights and beeping, presumably as he had just dropped my Mum off and wasn't going fast enough for her (on a residential estate with lots of parked cars).  As he went to turn right, she went to overtake and went into him.  

Before I even got this letter, I had complained to the Financial Ombudsman about AXA not getting back to us and I have emailed them an update.  I also emailed AXA twice and got their usual 'very busy due to covid' auto reply.  I have all of the other emails I sent.

I am filled with panic and don't actually know what to do.  I can't afford a solicitor.  I can't believe this has happened.

[Deleted User]

Can you afford to pay the amount demanded? If so, do it promptly and claim it back later.

Unfortunately you may have to just wait for the FOS to get to your case. Make an official complaint to AXA by calling them.

You could also contact the court and ask them if there is anything that can be done while you try to get AXA sorted out.

elsien

Don’t you need to exhaust AXA’s complaints procedure before going to the ombudsman- have you done that yet? 

If you pay in full within a calendar month  of the judgement being made then it won’t show on your credit report. If you can afford it, that would be the way to go while you fight AXA to get it resolved. 

MattMattMattUK

Out of interest, who brought the prosecution, the other party directly, or their insurer? What were they claiming for, personal injury?

k3lvc

JLP1976 said:

My husband had a collision in 2018 which we were contesting, as were AXA.  We weren't at fault by that is a bit irrelevant at this stage.

A bit more info is needed for anyone to give you any real advice

Currently, whether by default or otherwise, you've been found at fault. Are you absolutely sure you've had no correspondence from AXA suggesting they're discontinuing your claim or that there was an issue with your claim/policy ?

The easy time to resolve this was by phone before the event - especially if, as you claim, emails were being returned unread

As others have said it's time to dip into the piggy bank and pay off the sum ordered by the court as that isn't going to go away - then you can start dealing with the AXA issue

user1977

If AXA have failed to respond to anything, are you sure they were actually aware of the claim? Seems a bit odd to let it go to court without having heard a peep back from your insurers?

JLP1976

Hi, we do have email correspondence earlier on in the proceedings where AXA did respond and said to send any documents that came about court to them, which we have been. 

I have a huge trail of emails relating to me contacting them. They said if things went to court they would provide a solicitor to defend the case.

I don't actually know what the other person is claiming for. I feel that some documents may have went to AXA but not us. I know I sound really vague but work long hours, have two children with significant disabilities and just presumed AXA had every under control. 

Sadly I don't have 4300 in a piggy bank or a way to take out a loan for this.

JLP1976

To add, AXA complaints have been contacted and copied in to all my correspondence. 

tightauldgit

I don't understand why you didn't go to court when you were asked to attend. Did you contact the court and explain the situation to them? Did anyone from AXA at any point indicate that they would be dealing with the court case on your behalf?

I appreciate that AXA have let you down here, are you sure that you haven't had any contact from them at all? If it is all as you say then I would think you would have serious comeback to AXA but that's not going to reverse the court decision nor will the court necessarily care about your dispute with your insurance company. Can you pay the amount you have to pay?

Have you called AXA? It seems that you have just been emailing them

[Deleted User]

tightauldgit said:

I don't understand why you didn't go to court when you were asked to attend. Did you contact the court and explain the situation to them? Did anyone from AXA at any point indicate that they would be dealing with the court case on your behalf?

I appreciate that AXA have let you down here, are you sure that you haven't had any contact from them at all? If it is all as you say then I would think you would have serious comeback to AXA but that's not going to reverse the court decision nor will the court necessarily care about your dispute with your insurance company. Can you pay the amount you have to pay?

Have you called AXA? It seems that you have just been emailing them

Normally the insurance company goes to court. You only have to attend if they need you as a witness. You are supposed to pass all correspondence to them. That's what you pay them for.

AXA need to put this right. They can start by paying the amount awarded. 

JLP1976

I have tried to phone them but sit on hold for so long I end up hanging up because I'm at work. I tried again today.  I probably should have sat for however many hours it took to get through to someone but as I said, I work really long hours and have a lot of other demands on my time - including being a carer and having significant health needs of my own. With regard to why we didn't attend court, I've just looked back at the paperwork we received which was a claim form - with no date or time of a hearing.

I have emails from AXA, where they have said that they asked the other parties insurer to deal directly with them and to pass anything I should receive straight onto them, which I did.

I have printed off the extensive communication to AXA and a letter of explanation to send to the court. 

Bearing in mind AXA have yet to resolve a separate claim relating to my own car.  The repairs were done but I never got my excess back or any decision made about fault and the case still shows as open on the account.  By then we had installed dashcams following the incident I've described with my husband's car.  I have clear footage of a council lawnmower driving past my empty parked car, something flying up and hitting my car, the lawnmower driver stopping and having a look - with the registration clearly visible.  When ever I try to chase this up, I am asked to upload the dashcam footage, which I have done about 6 times now, then nothing.