Ccj possibley due to car insurance claim please help.

debtout · 28 September 2017 at 7:18PM

Long story but here goes as worried sick. Just received a letter stating "judgement for claimant" and low and behold checked my Credit file and have a ccj. The ccj letter states its from transport of London and the only thing I can think of is the accident I had in December 2016,when my car failed to stop and I hit a traffic signal pole in London. I claimed on my insurance and they initially advised me the claim was worth about 2700. I had nothing again following the accident until today when the ccj turned up, giving me 30 days to pay out 3.8k. I then started retracing my steps as by this time the insurance company is shut son had nothing to work on. I discovered that my no claims bonus letter had an amount of about 6.735 as the total insurance claim and yet when I asked the amount of the claim a few months ago they stated it was 2700 and have this via email. The ccj letter also states I owe 4.076 minus the 404.67 which I have already paid and yet I never actually paid anything directly myself which made me believe it should be the insurance claim. When I add the initial claim cost they gave me of 2.700 and the 4.076 on the claims letter it's near to the £6,735.84 which my no claims letter came as showing the full amount of the claim.

So now what do I do as worried till I get in touch with the insurance company tomorrow and court to establish what this is. I have also recently moved from the car insurance company involved in the claim to a new company and will this have an impact. I did however disclose the accident to my new insurance company. Please help!

[Deleted User] · 28 September 2017 at 7:22PM

This is far too complicated for us to be guessing at.

Speak to your insurance company tomorrow.

tastyhog · 28 September 2017 at 8:57PM

forward it to your (old) insurance company and follow it up every day, even multiple times a day until they settle it, also put in a complaint regarding them not fully settling the claim and seek some compensation on your part for their error.

it's strange how you haven't got any claim forms though, if the insurance company wasn't paying they should have lodged a claim at the court in your name, your insurance company would then indemnify you.

but to buy some time you could apply to have the judgement set aside if you didn't receive the claim forms.

debtout · 28 September 2017 at 9:34PM

tastyhog wrote: »

forward it to your (old) insurance company and follow it up every day, even multiple times a day until they settle it, also put in a complaint regarding them not fully settling the claim and seek some compensation on your part for their error.

it's strange how you haven't got any claim forms though, if the insurance company wasn't paying they should have lodged a claim at the court in your name, your insurance company would then indemnify you.

but to buy some time you could apply to have the judgement set aside if you didn't receive the claim forms.

Thanks will call the insurance company first thing. It's all strange because someone am assuming the insurance company paid the 400 which is mentioned on the ccj as I did not. I also didn't receive any paperwork until now so am assuming whatever paperwork must have been sent to the insurance company. Will speak to the insurance company first thing and I hope they won't play me up as am totally livid at this whole affair. So if applying for set aside, it will be based on me not receiving any prior paperwork and the fact that someone obviously not me paid the 400 for which is mentioned on the ccj forms as I didn't pay that grr.

debtout · 28 September 2017 at 9:38PM

And then again not even sure if the debt is mine as I didn't pay transport of London 400,so really not great to have been convicted based on false pretense.

[Deleted User] · 28 September 2017 at 9:42PM

Don't worry. You haven't been convicted.

A CCJ isn't a conviction and you won't go to the slammer for it.

StopIt · 29 September 2017 at 8:43AM

debtout wrote: »

And then again not even sure if the debt is mine as I didn't pay transport of London 400,so really not great to have been convicted based on false pretense.

You didn't, your insurance company likely did.

They then dropped the ball, and because you're named as the person liable for the damage caused, you get the CCJ to pay for it.

Get your insurance company to sort this out, then tell them to pay for the case to be set-aside as of course the entire point of insurance is to pay the claimants for damage when your car decides that it enjoys intimate contact with council property.

System · 29 September 2017 at 5:37PM

debtout wrote: »

And then again not even sure if the debt is mine

It is. When you have an accident in your car a claim is made against you, not your insurance and are deemed at fault you are liable for the cost of damage to the other vehicle/object plus any other losses that are claimable (personal injury, hire car etc of the third party). What you pay for when you buy insurance is a policy to cover the cost of a claim, not liability.

What your insurance company do in the event of an accident where you are at fault is deal with the person making the claim and pay out for that claim against you on your behalf. In the event that your insurance company don't pay out or drag their heels for a ridiculous amount of time then a claimant can continue to make a direct claim against you and enforce it in court.

In your case because your insurance company have dragged their heels in paying out TFL have decided to claim against you directly which they are perfectly entitled to do. The CCJ is valid and the debt is enforceable and collectable from you with bailiff action should TFL choose so it is up to you whether you want to pay it out and recoup it from the insurers, avoiding the chance of enforcement action or pursue your old insurers to honour the payout through the policy you had with them but in the knowledge the bailiffs could turn up.

debtout · 29 September 2017 at 10:10PM

So rang the insurance company and they asked me to send the ccj letter and they will sort this out. Unbelievable to say the least. They only paid 404 instead of the required £4k which was needed, so will chase them up daily to ensure they pay and get this taken off my file. So after they have paid the amount in full how do I ensure this is taken off from my file?
Also much to my surprise about this issue, is the fact that when I hit the traffic pole, the chap who came to fix it literally yanked it back in place and he walked away. Not sure how this came to 4k at all to be honest.

Marktheshark · 29 September 2017 at 10:21PM

Escalate this immediately to the insurance companies complaints team and as for a deadlock letter if they do not want to deal with it.
Do not trust them blindly to sort this out, inform them this will be your course of action.
You only have 14 days of you have a CCJ on your credit file for 6 years.
You need a plan and implementation schedule from the insurance.

Inform them that if it is not settled in the timescale and becomes set you will issue a N244 Form to reset and counter claim the CCJ from the idemnity which is your insurance.

debtout · 29 September 2017 at 10:28PM

Marktheshark wrote: »

Escalate this immediately to the insurance companies complaints team and as for a deadlock letter if they do not want to deal with it.
Do not trust them blindly to sort this out, inform them this will be your course of action.
You only have 14 days of you have a CCJ on your credit file for 6 years.
You need a plan and implementation schedule from the insurance.

Inform them that if it is not settled in the timescale and becomes set you will issue a N244 Form to reset and counter claim the CCJ from the idemnity which is your insurance.

Many thanks. I intend to call them daily next week,to get this sorted out. So let's say if it's 6th October which is next Friday and they still haven't paid, do I then apply for a set aside using form n244?. I believe I would have to pay some money towards it but would it then buy time and instead shift the blame to the insurance company?

Ccj possibley due to car insurance claim please help.

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