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CCJ appeared no idea about it

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  • prettyandfluffy
    prettyandfluffy Posts: 903 Forumite
    500 Posts Second Anniversary Name Dropper
    You need to speak to your insurers ASAP and find out what happened on their side.  
  • You need to speak to your insurers ASAP and find out what happened on their side.  
    The insurers were a nightmare “wise driving” they used someone to deal with their claims, I remember trying to contact them back in October 2023 when the car owner came to me but they never replied. So i left it. Not even sure if it’s worth contacting them or who to even contact they were pretty dreadful. 
  • Nasqueron
    Nasqueron Posts: 10,723 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you hit a car and left the scene, you're lucky you didn't get prosecuted (£1000 fine, 5 points I believe)

    If your car is/was registered an old address, that is where the paperwork goes to, hence why it's vital to update when you move

    What has happened is that they put the claim in, the insurer wrote to you presumably and you didn't get the paperwork so they took it as you refusing to co-operate. With insurance if you have an accident, while the insurance pays out, you are liable personally, so as they didn't pay, you got the CCJ no doubt for repairs, hire car + fees.

    You could try a claim again but really you may have to take this as an expensive lesson 

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Nasqueron said:
    If you hit a car and left the scene, you're lucky you didn't get prosecuted (£1000 fine, 5 points I believe)

    If your car is/was registered an old address, that is where the paperwork goes to, hence why it's vital to update when you move

    What has happened is that they put the claim in, the insurer wrote to you presumably and you didn't get the paperwork so they took it as you refusing to co-operate. With insurance if you have an accident, while the insurance pays out, you are liable personally, so as they didn't pay, you got the CCJ no doubt for repairs, hire car + fees.

    You could try a claim again but really you may have to take this as an expensive lesson 
    I think people have done far worse. Maybe the wrong attitude but the damage was minimal as far as I’m aware. If I was her I would of just let it go. It’s been years and her car was worth next to nowt anyway. Sorry if this is the wrong attitude but it’s my opinion. 

    The issue is why do i have a claim against me on the insurance database if they didn’t pay out? 
  • QrizB
    QrizB Posts: 18,292 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    Nasqueron said:
    You could try a claim again but really you may have to take this as an expensive lesson 
    I think people have done far worse.
    Perhaps they have, but that's not an excuse.
    If I was her I would of just let it go. It’s been years and her car was worth next to nowt anyway. Sorry if this is the wrong attitude but it’s my opinion.
    Your opinion isn't relevant. You damaged her car, you're liable for the costa of putting that damage right.
    The issue is why do i have a claim against me on the insurance database if they didn’t pay out? 
    You'll need to speak to your insurer about that.
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  • Nasqueron
    Nasqueron Posts: 10,723 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 4 April at 11:58AM
    Nasqueron said:
    If you hit a car and left the scene, you're lucky you didn't get prosecuted (£1000 fine, 5 points I believe)

    If your car is/was registered an old address, that is where the paperwork goes to, hence why it's vital to update when you move

    What has happened is that they put the claim in, the insurer wrote to you presumably and you didn't get the paperwork so they took it as you refusing to co-operate. With insurance if you have an accident, while the insurance pays out, you are liable personally, so as they didn't pay, you got the CCJ no doubt for repairs, hire car + fees.

    You could try a claim again but really you may have to take this as an expensive lesson 
    I think people have done far worse. Maybe the wrong attitude but the damage was minimal as far as I’m aware. If I was her I would of just let it go. It’s been years and her car was worth next to nowt anyway. Sorry if this is the wrong attitude but it’s my opinion. 

    The issue is why do i have a claim against me on the insurance database if they didn’t pay out? 
    In this situation, your opinion is moot - if you damaged the car, they are entitled for it to be made right, if that resulted in the car being written off (for economic reasons) for example, there is a financial loss, same as hire car while their vehicle was being repaired.

    You reported a fault claim to your insurer who recorded it. Whether they pay out or not is irrelevant as you are liable

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • ChirpyChicken
    ChirpyChicken Posts: 1,535 Forumite
    1,000 Posts Name Dropper Photogenic
    Is it a Part 8 claim on the paper work
    This is definitely an insurance issue
  • sourcrates
    sourcrates Posts: 31,592 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    A set-aside application now costs £303, but if on a low income, you can apply for remission on the fee.

    Make an application to a court (application notice): Form N244 - GOV.UK

    Get help paying court and tribunal fees - GOV.UK

    I think it might be worth applying for a set aside, as you did not receive the original court papers, and although you admitted liability for the original claim, you should have reasonably expected your insurance company to deal with the matter, as you were not informed otherwise.

    That would constitute a reasonable defence.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Teaandbiscuits21
    Teaandbiscuits21 Posts: 51 Forumite
    10 Posts Photogenic
    A set-aside application now costs £303, but if on a low income, you can apply for remission on the fee.

    Make an application to a court (application notice): Form N244 - GOV.UK

    Get help paying court and tribunal fees - GOV.UK

    I think it might be worth applying for a set aside, as you did not receive the original court papers, and although you admitted liability for the original claim, you should have reasonably expected your insurance company to deal with the matter, as you were not informed otherwise.

    That would constitute a reasonable defence.
    Thanks I’ve printed that form to fill in and I have also done the help with fees online form and have a reference number to stick down on the N244.
  • ChirpyChicken
    ChirpyChicken Posts: 1,535 Forumite
    1,000 Posts Name Dropper Photogenic
    Do not rush your application 
    You can fill the form out online and then fill it it in but you need to show to the court under what rule it should be set aside. (Under Civil procedure rules)
    Also write a witness statement to go with the application 
    And a draft order for the court
    This will take time. Get it right though.
    It may take several months to get set aside depending on the local court.
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