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JCC international and court claim.

scottyp123
scottyp123 Posts: 16 Forumite
10 Posts First Anniversary
edited 12 August at 9:32AM in Reclaim PPI & other insurance

Hi, hope this is in the right section. I know this is late in the day and its for my friend and not me. Basically I've been landed with trying to help him defend a claim from JCC international who have taken him to court over a supposed car insurance none payment. He has done the AOS and I think the defence has to be in today.

I think what happened was his car insurance automatically renewed but he had got insurance elsewhere. Although he did tell the original company he didn't want to renew they reckon he was too late telling them and they tried to enforce the payment. He says he told them in time.

The only anomaly I can find is they have him down as Ms and not Mr on the court forms, they are claiming £120 + fees + solicitors.

On the plus side, the last two cases I have helped people with we have won so it is doable. Is there case law somehwere that says a contract cannot be created by silence? (their mandatory auto renew)

Comments

  • MyRealNameToo
    MyRealNameToo Posts: 4,954 Forumite
    1,000 Posts First Anniversary Name Dropper

    There is no case law against auto-renewal and indeed it is actively encouraged by regulators etc who would naturally have petitioned parliament to change the law if it was required

    Good luck with the case but if they cant even remember the sequence of events you are on an uphill struggle to argue the debt isnt legitimate

  • Woodstok2000
    Woodstok2000 Posts: 1,708 Forumite
    1,000 Posts Second Anniversary Name Dropper

    It doesn't sound like they are claiming silence, more that they acknowledge his cancellation but they dispute the timing. Given they will have a recording of the call or a record of any written correspondence this seems like a fairly straightforward case to settle - hopefully the evidence falls in your favour, although they'd have to be pretty stupid to be pursuing this if it did.

  • scottyp123
    scottyp123 Posts: 16 Forumite
    10 Posts First Anniversary

    Yes, he's coming round with all the paperwork tonight so I'll know more, the annoying thing is he's left it until the last minute again to do anything about it.

  • scottyp123
    scottyp123 Posts: 16 Forumite
    10 Posts First Anniversary
    edited 12 August at 8:50PM

    Hi, not sure if anyone is still here at this time but this is the claim.

    ]https://thumbsnap.com/i/akT6n61U.jpg

  • MyRealNameToo
    MyRealNameToo Posts: 4,954 Forumite
    1,000 Posts First Anniversary Name Dropper

    Doesnt add anything at all, simply says he has a debt he hasnt paid which was already known

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