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Guilty party won't pay up


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I was involved in a car accident last year, that was entirely the fault of the other party, which was a company van. It was reported to my insurance company, who repaired my car after relieving me of £250 excess, and they then chased up the other party.

 

Despite a court order in our favour and several visits from Sheriff Officers, the other party have completely refused to pay up. My insurance company are now saying there is nothing else they can do and I will not be getting my excess back.

 

So it would appear that the guilty party has gotten off scot-free and my insurance company are happy to let them. Meanwhile I'm £250 out-of-pocket for something that wasn't my fault.

 

Is there anything that can be done to recover this money? Surely companies cannot just refuse to pay a court-ordered debt and nothing gets done about it?

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I'm guessing you are in Scotland by your mention of Sheriff Officers?

 

In England if you win a County Court Case and the party fails to pay up then you can apply for an enforcement order which may well involve bailiffs and seizing of assets to get you your money.

 

Is there not anything like that in Scotland? ie a next step if the other party doesn't pay up?

 

Mossy

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The whole court side of things was handled by the insurer. I've no idea what court was involved or any of the details of the case such as the case number. All I got was a call from the insurer to say they had gotten a court order. Would they, or the court, give me the relevant info?

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Ring your insurer, find out who the plaintiff was. It sounds to me like they sued as plaintiff and included your excess with their claim. If that's the case then they need to apply for the enforcement order. Ask them why they haven't taken this step.

 

If however, they sued on your behalf and you are the plaintiff ask which Court it was and also for the case number. Then apply to that Court for an enforcement order (or whatever the Scottish equivalent is).

 

Mossy

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The individual (company actually). They were either uninsured or refused to give their insurance details to my insurer. Originally they denied all involvement in the accident and claimed they didn't have any company vehicles. Despite being a logistics firm who do deliveries.

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The individual (company actually). They were either uninsured or refused to give their insurance details to my insurer. Originally they denied all involvement in the accident and claimed they didn't have any company vehicles. Despite being a logistics firm who do deliveries.

 

Well that should make recovery through enforcement easier then because a Company will usually have assets, get in quick before they do a 'Phoenix' though

 

Mossy

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