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Old 22nd May 2008, 14:56   #1 (permalink)
graphichell
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Default Having a CCJ re-heard. Is it Possible?

Hi, In 2005 I was driving to work when a learner in front of me braked unexpectedly halfway round a busy roundabout. We were travelling at only 10-15 mph. I tried to swerve but clipped the rear corner of their car, causing cosmetic damage to the bumber / lights etc of their car. No-one was injured, no witnesses stopped, and we both drove on our way once exchanging details. The damage was minor enough that i didn't even need to claim on insurance, i simply needed a new spotlight. I thought no more of it until 2006 when Norwich Union (their insurers) contacted me with a bill for £3800. I wrote back explaining that this damage couldn't possible have arisen from the collision i was involved in, but they persisted and took legal action which eventually resulted in a CCJ against me for £4000. I was only young and was Naive about the court process at the time and was still attempting to explain to the insurer my side of the story when the court hearing came, and judgement was put against me by default. I stupidly didn't realise how serious the situation had got, having not been involved with courts etc before then - i didn't really understand what a CCJ was. My question is does anyone think it is worth me applying to have the case re-heard now? The court papers state that i caused the accident as i was: Driving too fast, Failed to take evasive action, and was driving without due care and attention. I dispute all of these things, aswell as the amount of damage done. As i say their were no witnesses, but now i have realised, am i too late to have the case re-heard? Any advice appreciated.
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Old 23rd May 2008, 00:49   #2 (permalink)
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Default Re: Having a CCJ re-heard. Is it Possible?

You can apply to have a CCJ set aside but you would have to have a good reason that would stand up in court. Realistically, you have no witnesses and driving into the rear of another vehicle (I believe) is a prima facie case of driving without due care and attention - ie you are assumed to be at fault.

I can't see anything that would convince a court to change anything.

The only possibilty is if they didn't follow procedures, eg by not sending a LBA.

Sorry. Perhaps someone else will have a suggestion.
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