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keefo

Help please! CCJ??

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Ok.... so, let me start from the beginning...

 

I pass my test in Nov 2007, and have a crash on December 2007... Wrote off my nice little Saxo Furio, and this is basically what happend...

 

It was raining pretty bad and i went though a cross road without stopping due to there being no signs/road-markings had been dug up and floor re layed without re-marking, i thought i was on a main road where the side streets gave way to me, so i just went through...

 

Next thing i know the world is in slow motion and i see a nice HUGE transit van heading for my door/rear arch, i smashed me, i spin, i smash into a parked Fiesta, whom the owner was in the pub across the road.

 

all detail's exchanged, all breathalysed i think... i know i was... and the guy from the pub obviously wasnt.

 

soooooo, 2 years down the line (last year, about same time as crash)

i get a nice letter saying "Mr fiesta dude is suing you for loss of earnings for £2k"

So i was like WTF!! sent all details to my insurer at the time (i had moved to a new insurer)

 

and that was the last i heard of it... till last freaking month, i got this letter through...

 

court1.jpg

 

i thought "WTF?? didnt attend what???"

 

This was sent the day i went ibiza, so i didnt see it for 3 weeks, but before i even got back... this arrived...

 

court2.jpg

 

And this is now i stand at the moment... for one, i have NO idea what these things are, i was aplying for a loan at my bank the other day and they said i had a CCJ... i dont even know what that is... im guessing its these freaking things.

 

anyone know where i stand? this is royally ****** me off, shouldnt they be contacting my insurer at the time instead of instantly stabbing my financial score for what i have been told can be 5 years.

 

for one, i aint freaking paying it. they can get stuffed.

 

but they say i "havnt replied to the claim form" .... but i havnt had one, and if my insurer hasnt, how the hell have they already for the 1.4k

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Hello mate, someone will be along with advice soon.

 

Just remember its a sunny weekend :thumb:

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Did you receive any letter from the courts or the claimant prior to the judgement?

 

You should have received notification of the claim, been given a chance to respond and enter a defense. If you did not get any of this information you can go to the court and file an out of time statuatory declaration to get the judgement set aside.

 

You should also get on to your insurance company at the time and see what they've been playing at. Ring them in the first instance (record the call if you can, make notes if you can't) but also put the details, and copies of the documents above in writing. Ask for a full explanation and what they intend to do to rectify the situation. Send it recorded delivery so they can't claim to have not received it.

 

I've had a similar thing with the outfit that don't use comparision website. They had details of the claim and the hearing and failed to act and the OH got a CCJ against her. We managed to get things cleaned up eventually but only after we put things in writing with threats to complain to ombudsman.


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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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i got a claim form like 2 years ago, but this was forwarded onto my insurer at the time and thats was the last i heard of it till this 2 years later...!

 

phoning my insurer as we speak!

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You need to fill in an N244 form to set the judgement aside. You will then have a mini-hearing where you can explain why you didn't respond to the paperwork.

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However, don;t do this until you've spoken with your insurers at the time. Thisis their ball, and if they dropped it earlier, they can get the action restarted at their expense. Of course, if the pursuer is trying it on, by avoiding your insurer this should also be noted.

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