Insurer dispute out of my control left me with CCJ
Dad91
Posts: 2 Newbie
Hi all,
Hope you can help with this - wondering if I'm doing the right things, if any more should be done and whether I should seek further recourse.
At the start of 2019 I was involved in a minor car collision. Fault was admitted on my side, insurer informed and no issues on either side at all.
Months later I received a letter from a firm called 'Claimfast' telling me I owed thousands of pounds to the other party. Essentially there was a dispute over the cost of the claim and my insurer disputed the amount.
The letter was immediately forwarded to my insurer and they agreed to look into it. Later on I received draft court papers indicating the matter was going to county court. I forwarded this to my insurer and they said they were fighting the claim based on an extortionate hire car fee and solicitors would be instructed.
I asked to be kept fully informed and was expecting a call from the solicitor in the unlikely event I needed to be present at the hearing. I heard nothing until this week when I had a letter of judgment saying 'I had not responded to the claim' and it had been lost by default.
I forwarded this immediately to the insurer and they are looking into it urgently but I also managed to get in touch with the solicitor direct and they claimed not to have received the paperwork from the insurer until that day.
The upshot is I have a CCJ of nearly £7,000 against my name, despite having no control over the process, and the solicitor said they were seeking consent to set this aside and would write to the court to ensure the CCJ was removed from my record.
I hope I have done enough by being in direct contact with a named individual both at the insurer and their solicitor but I feel like my fate is in the hands of others, and with Xmas coming up it may lead to them running out of time to resolve it before the CCJ remains on my record for years to come.
What else can I do to resolve this, and how long before bailiffs could turn up at my door?
Thanks very much.
Hope you can help with this - wondering if I'm doing the right things, if any more should be done and whether I should seek further recourse.
At the start of 2019 I was involved in a minor car collision. Fault was admitted on my side, insurer informed and no issues on either side at all.
Months later I received a letter from a firm called 'Claimfast' telling me I owed thousands of pounds to the other party. Essentially there was a dispute over the cost of the claim and my insurer disputed the amount.
The letter was immediately forwarded to my insurer and they agreed to look into it. Later on I received draft court papers indicating the matter was going to county court. I forwarded this to my insurer and they said they were fighting the claim based on an extortionate hire car fee and solicitors would be instructed.
I asked to be kept fully informed and was expecting a call from the solicitor in the unlikely event I needed to be present at the hearing. I heard nothing until this week when I had a letter of judgment saying 'I had not responded to the claim' and it had been lost by default.
I forwarded this immediately to the insurer and they are looking into it urgently but I also managed to get in touch with the solicitor direct and they claimed not to have received the paperwork from the insurer until that day.
The upshot is I have a CCJ of nearly £7,000 against my name, despite having no control over the process, and the solicitor said they were seeking consent to set this aside and would write to the court to ensure the CCJ was removed from my record.
I hope I have done enough by being in direct contact with a named individual both at the insurer and their solicitor but I feel like my fate is in the hands of others, and with Xmas coming up it may lead to them running out of time to resolve it before the CCJ remains on my record for years to come.
What else can I do to resolve this, and how long before bailiffs could turn up at my door?
Thanks very much.
0
Comments
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Much depends on the conduct of your Insurers. If they pay the CCJ amount to the claimant and the claimants Solicitors agree to ask court to remove the CCJ record, then you will not have the CCJ against your name for much longer.
However if your Insurers decide to apply to set aside the CCJ (if set aside accepted by court) and take the matter back to court, while you may not have the CCJ for awhile, if your Insurers are as incompetent as they have been so far, you may just end up with the CCJ back on your record.
If you have done everything expected of you in a timely fashion, then you should submit a formal complaint to your Insurers. Advise them that you expect to be compensated for the problems that they have caused you. If for example you were wanting to take out any form of credit in the near future, the CCJ will prevent you from obtaining credit other than high interest bad risk rates.The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.0 -
Thanks for your reply and apologies for the delay' in replying.
Been quite stressful but the other side consented to set the order aside and the paperwork has been lodged with the court.
Presumably my solicitor and insurer will now go in to bat and defend the case, so more work ahead but hopefully for the short term the threat of the CCJ on my record for years has been paused.
I'm chasing a copy of this and further details for peace of mind but I'm a lot more positive about it than I was.
Thanks again0 -
remind me what company to avoidDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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