Urgent help required-ccj claim received while the claimant already made claim to my insurance company

[jason_mnm]

Hi thr I had a minor accident in August 2010 which was mainly other dirver's fault. But she made claim against me which was being dealt by Swiftcover. Because of this Swiftcover reduced my no claim bonus.

 

However today I received a CCJ claim form out of blue from the claimant in my home address. I thought it should be dealt by Swiftcover. I was even told by Swiftcover team so. I do not why this person send me a CCJ claim form. She even did not give me any warning or any notice for this. It was issued by a solicitor firm of Kent.

 

Can she do that and what should I do now. Can someone send CCJ claim form when I am insured and she made claim to my insurance company already...

 

The POC says as follows:

 

The claimant claims damages due to the defendants negligent driving. Failed to take avoiding action, steering, swerving or otherwise, so as to avoid the said collission. on 00-08-10 at (road name) a collission occured betweeen vehicle driven by claimant regd n0.... and vehicle driven by defendant regd no....... The defendant reversed into claimant's stationery vehicle causing damage and the claimant claims:

1. The sum of £1xxx.05

2. Statutory interest pursuant to section 69 of Country Court Act 1984 at a rate of 8.00 % per annum from 07.09.10 to 19.07.11, £129.95 and thereafter at a daily rate of 0.41 untill judgment or sooner payment

Repairs xxxx.67

Excess xxx.00

Avica's Hire xxx.xx

The truth is I was stationery and she hit my backside, Also her car had minor damage, Cause she hit my backside I had no damage. there were no witness for none of us. Today I checked the status of the claim in Swiftcover which says 'OPEN'

Please advice what shall I do.. I will lose my career if I get CCJ…

[rebel11]

Hi JM

 

Pass it on to Swiftcover, send it Recorded, get the address right, it's bizzare but a similar thing happened to my relative.

Keep a copy, just incase they lose it.

 

Thread moved.

[raydetinu]

email them as well!

[Feebee_71]

I would also recommend ringing Swiftcover to inform them you have received this claim form.

 

It sounds as if her insurers have refused to pay out (perchance her cover was only third party?) and as if Swiftcover are taking their time to close claim either way - or they may have declined her claim but haven't finished with the file hence it still showing as open!

 

Feebee_71

[Mwynci]

It's not abnormal, so no need to worry there. the claim is against you, with your insurer being paid by you, to cover you for it, but in the eyes of the law the action is against you.

For whatever reason the third party is now suing you for their damages, as advised above, send it in recorded delivery and get the insurer to deal.

They should have had an idea this was about to happen (95% of the time they know this, it leads up to this), so they should have sent you a letter or similar to advise you what to do if you get a summons.

[jason_mnm]

Hi guys thank you for your support. Today I had email contact with Swiftcover and they guy from SWiftcover told me to email him the CCJ claim form which I did and he said he will deal with the matter accordingly. However end of today I have not got any confirmation on what he has done yet. I guess I should leave with him for 2 days and then chase him again.

 

By the by swiftcover never told me in advance that this will happen.. I was told by Swiftcover that the third party have not contacted them after initial contact...

[jason_mnm]

Hi thr I was told by Swiftcover they have settled the case and issued the cheque to the third party solicitors. However I was told by the third party solicitor they will not stop the court action untill the cheques is recievd and cleared. Now I have not acknowledge the CCJ claim form which last date is this friday as I had sent the CCJ claim form to Swiftcover. However it does not seem that SWiftcover had acknowledge the claim form either.

 

Now if the claim form is not acknowledged while the case are being settled with the thrid party solicior, will I get judgment automatically against me. What should I do now?

[unclebulgaria67]

I would not worry about it. Even if they get a judgement, the courts allow 30 days for settlement before the judgment is registered. By then it would have all been dealt with.

[jason_mnm]

Thanks for prompt reply Uncle. U mean there is no risk of CCJ registered in my name and I do not need to acknowledge it at all...

[unclebulgaria67]

Thanks for prompt reply Uncle. U mean there is no risk of CCJ registered in my name and I do not need to acknowledge it at all...

 

Yes I don't think it will happen if Swiftcover have issued the settlement cheque to the third parties solicitor.

 

I think you should make a complaint to Swiftcover for putting you through this. There are many other similar posts online, so they must be having problems.

[slick132]

Hi Jason - responding to your PM.

 

I think you'd be wise to protect your interests here. I agree with what UncleB says but I think you'd be unwise to assume Swiftcover have responded to the court claim.

 

I suggest you respond to the Claim using the Acknowledgement form which you should send back to the court before the deadline.

 

You need only say something like:-

 

This is an vehicle insurance-related matter that I believe has been settled by my insurer, Swiftcover, on my behalf. Accordingly, I deny all of the claim on the basis that it has been handled, and settled, by my insurers.

 

I understand that the Claimant has now been paid in full thus enabling them to Discontinue this court claim against me.

 

[jason_mnm]

Hi Slick thank you for your reply. Thought you are on holiday.

 

However I should tell you that I emailed MCOL team of the Northampton County Court with the email that I recievd from the claimant solicitor where the claimant solicitor suggested that I do not need to acknowledge the form as the claimant solicitor received comfirmation from Swiftcover that a cheque being issued.

 

MCOL (Money Claim Onlien team) of Court replied me back saying they have updated the system but they will need confirmation from the claimant that the payment has been made.

 

Do you think I will still need to acknowledge it. Can I write all those you suggested if I acknowledge online?

 

Thanks.

Edited August 4, 2011 by jason_mnm

[slick132]

Just to be safe, acknowledge the claim in the manner I suggested above.

 

[jason_mnm]

Thank you Slick I will do as you said...