Urgent Advice for Car Accident thats been settled by a court without my knowledge

[MasterMess]

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Edited April 29, 2010 by MasterMess
addition

[unclebulgaria67]

You need to look to get the CCJ set aside.

 

Here is a link to the insolvency helplines guide on this.

 

Removal of CCJ's - Step by step guide to the process

[Mossycat]

Something doesn't sit right here, why have you got a CCJif you notified your insuerers about the accident?

 

Without getting into the semantics of the accident or discussing liability, if the other party issued proceedings against you and you had notified your insurers they should have offered you indemnity.

 

If it went to Court your insurers would have either defended it or paid in prior to the hearing, and if you lost they should have paid in at that time.

 

There is no way you should have a CCJ showing as unsatisfied against you, and I cannot understand why the other party has not pressed for enforcement of the judgement.

 

Can you please clarify

 

Mossy

[MasterMess]

Hi,

 

Glad someone else thinks it doesnt sound right, nothing seemed right from the off, and now it continues.

 

problem is, i dont know any more. I dont know why it went to court, it was a minor accident at most, and i dont understand why i know nothing about it until i read it on my credit report.

 

I found it strange back in 2006 why a solicitor contacted me in the first place and why i was accused twice of not been insured.

 

I find it very strange and dont know what to do next as this CCJ has turned my world over, stopped me getting a new car and house, but i also lost my income (main) as my trading account was suspended due to a change in my financial circumstances, and i cant get another one. not only that, no one will hire me as a trader or broker with a ccj, or none i have found so far.

 

I am lost what to do first, and worried i will make it worse, i need that CCJ eliminated and it all sorted.

 

thanks

Edited April 6, 2010 by MasterMess

[unclebulgaria67]

Agree with Mossy, this is bizarre.

 

By the sounds of it, the 3rd parties Insurers got nowhere with your Insurers, so took action against you directly. Now to get a CCJ they would have to have followed a process of trying to make sure you were informed of court action, by contacting you at your last known address. They appear to have failed to do this, so you should be able to get a set aside. By applying for this, you should be able to get to the bottom of what has happened and ask the court to set aside the judgement.

[Mossycat]

Do what the wise womble says and get the CCJ set aside, that's your main priority now because it is having an adverse affect on your credit rating and ability to get credit.

 

Don't worry about phrases like 'if you have no insurance, or if you are uninsured' some solicitors incorporate those phrases to scare third parties into action.

 

If you passed on all the paperwork and details of your insurers to the third party and passed all third party correspondence on to your insurers then I cannot understand why thet didn't communicate directly with each other, but that's not your main concern here, getting the CCJ set aside is.

 

Mossy

[MasterMess]

Hi, to me they didnt do much to find me. They had my parents address, as they wrote to me there several times in 2006. And 8 months before the CCJ was issued i had moved house and was soon the electoral roll. The address they used was an address i was at only 6mths, and find it strange why they didnt contact me at my parents, been that they had that address.

 

I did a quick google of set aside, but only found financial related items, form i found was:

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n245_form.pdf

 

seems more for a debt related CCJ? or do i still fill it in? as i can afford to pay it outright if i had to, so i dont see the purpose of them knowing my finances.

 

Thanks for all the help Mossy and Womble, its invaluable

[unclebulgaria67]

To the court it is a debt like any other. So just follow the set aside process by completing the relevant form and submitting to the court. The clerk of court can be very helpful, if you are having any difficulties with the process.

[MasterMess]

Hi, i have all the forms now to send.

 

One last question before i go away and sort this out, at this point, should i contact:

 

1) My insurance company (old) and ask them what went on with the cliam?

 

2) A solicitor

 

I also checked my credit file, and the address the CCJ has been registered to is an address thats no linked on my credit file, and is an address never registered on the electoral roll. So i am puzzled how they got that address, it was a term time student address thats got no links anywhere.

 

Thanks

Edited April 6, 2010 by MasterMess

[unclebulgaria67]

Yes you could speak to the old Insurance company and see what happened, as the court may ask about this.

 

You could speak to a solicitor about this, but at £150 per hour plus any costs, it might be a good idea to do as much of this yourself as possible. If you have grounds for a set aside, which it appears you do, it is simply a case of making the case to the court. The 3rd party Insurers will have a chance to defend if they choose to do so. Often if they have made mistakes with the CCJ, they won't even bother to turn up to court.

 

If you have any questions the insolvency helpline are helpful, as are clerks of court. Also you could add post to the legal forum on this site and there are a number of experts who can comment further on the set aside process.

[Endymion]

Before you try and set the judgment aside or anything else, you need to find out why your insurance company hasn't either dealt with the claim or paid the sums due in the judgment given. Call them immediately to find out what has gone on.

 

Trying to set aside a judgment 4 years after it was handed down is going to be nigh on impossible, although it may be possible, but only if you apply to set it aside immediately as in order to set aside a judgment, you have to have good grounds to set it aside and also to have acted swiftly once the judgment has been enterred or your knowledge of the judgment.

 

You also need to get details of the case against you as you will need the pleadings in order to have any idea how to defend against the Claimants action against you.

 

Also you have to remember that in order to satisfy the Judgment you will also have 4 years worth of interest at 2% (PI Claim) or 8% from the date of the Judgment to pay.

Edited April 7, 2010 by Endymion

[MasterMess]

Just an update, was in Court on Friday just gone, and have won hands down, so thanks for all the help!

[reallymadwoman]

Did you ever find out how this happened?

[unclebulgaria67]

Just an update, was in Court on Friday just gone, and have won hands down, so thanks for all the help!

 

Well done. It has taken some time to sort out !!!!