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

born_again

2nd thread here.
https://forums.moneysavingexpert.com/discussion/6369967/insurance-failed-us#latest

JLP1976

This is all we received, no court date mentioned. And I am very sure that there isn't a problem with the policy as this is an email regarding the claim back in November 2020.

 I write in relation to the above dated incident, and further to your correspondence.

I can confirm that I have made contact with the third party insurer, explaining that they should not make any further correspondence to you as we are dealing with it on your behalf. However, if they fail to ignore this request, and they continue to send you correspondence, I would ask if you can send us a copy of the correspondence and we will deal with it for you on your behalf.

If the third party insurers proceed to issue proceedings, we will appoint a solicitor to act on our behalf. As liability is disputed, and the matter proceeds to court, then the driver of our vehicle will need to attend court in order for us to defend this matter. It will then come down to the judge to determine the liability.

 

JLP1976

born_again said:

2nd thread here.
https://forums.moneysavingexpert.com/discussion/6369967/insurance-failed-us#latest

Sorry, will stick to this one, I wasn't sure which would be more appropriate.

JLP1976

Going right back through my emails: 
I have reviewed your file today following on from correspondence received from the third party insurers. They are threatening court proceedings and are still disputing liability. They have failed to provide us with evidence to support their clients version of events so I have again requested this information. We will continue to defend your claim and there is nothing that you need to do, however if you do receive any correspondence please send this to us so we can review and respond where required

Sandtree

JLP1976 said:
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.

CCJ is one of the most unhelpful acronyms out there as it really is wrong information. A CCJ will only be lodged on your credit file if the debt isn't settled within 1 month. If its acknowledged as paid before that it doesn't go anywhere near your credit file.

Ultimately you are going to need to bite the bullet and talk to them on the phone even if it takes a long time to get through. Its fairly likely you have more than one telephone number for them, the initial FNOL line which you first reported the claim to and at least one other for a technical department... its the later you want to call as they'll be the ones dealing with the third party.

JLP1976

Sat on hold again....

Brie

Nothing to suggest but to keep at AXA.

Good luck, I do hope you sort it ok.

dunstonh

Sandtree has covered it not going on your credit file.  However, some occupations require you to be free of CCJs or defaults or explain them to the satisfaction of the employer if necessary.    Most don't but certain roles do.

kingstreet

There's another thread on here from a few years back where Aviva failed to send legal representation on the appointed date and a CCJ was awarded in absentia.

kingstreet

Found it;-

https://forums.moneysavingexpert.com/discussion/3190854/ccj-because-of-aviva/p1