CCJ for car insurance not paying out on time

[vjohn82]

Rather frustrating but despite being very careful with my credit file for the past 3 years I've now been landed with a CCJ.

 

I had a car accident in December 2012. It was alleged I drove into the back of someone.

 

 

I had fully comprehensive insurance anyway.

 

 

Despite the driver and his legal team lying in their initial statements

(they claimed that there was CCTV footage of the incident - there was not of course)

I left it in the hands of my insurer.

 

Turns out a CCJ was registered in Feb this year.

 

Does anyone have any experience of this?

[BankFodder]

You will need to give us some proper details please.

[vjohn82]

What sort of details are required? It is what it is if you know what I mean.

 

My insurer should have been liable for any and all claims against my policy. The guy who has "sued" me has successfully obtained a CCJ for the alleged incident.

[BazzaS]

Rather frustrating but despite being very careful with my credit file for the past 3 years I've now been landed with a CCJ.

 

Basically I had a car accident in December 2012. It was alleged I drove into the back of someone. I had fully comprehensive insurance anyway. Despite the driver and his legal team lying in their initial statements (they claimed that there was CCTV footage of the incident - there was not of course) I left it in the hands of my insurer.

 

Turns out a CCJ was registered in Feb this year.

 

Does anyone have any experience of this?

 

What sort of details are required? It is what it is if you know what I mean.

 

My insurer should have been liable for any and all claims against my policy. The guy who has "sued" me has successfully obtained a CCJ for the alleged incident.

 

 

I'm with BankFodder here, more details needed.

 

If I replied "well, there are things you can do ....." and left out the details, you'd likely be scathing in return.

 

So, details that might help :

 

Did you receive court papers? (if not, a set-aside might be an option). If so, did you attend the hearing?.

When did you notify your insurers of the incident, at the time, or since?. Were your insurers aware of the court action?.

 

You note "It was alleged I drove into the back of someone." Are you saying you weren't the driver during the incident?, That you were the driver but the vehicles never made contact?, That the vehicles made contact and you were the driver but that you were stationary and they reversed into you?.

 

That you did drive into the rear of another vehicle (these things happen!) but that they have inflated the claim for damage they have suffered?. Why is it merely "alleged" (since it appears a court believed them, unless you are saying that something else happened and you didn't get to defend the claim .....)

 

Similarly, you note 'The guy who has "sued" me' ... why the "sued" in quotation marks ... he clearly has sued you (and, for now at least, won....)

 

Help us to help you, with a little more detail...........

[unclebulgaria67]

You need your Insurances companies legal people to sort this out. They will look at the claims file and decide what they need to do resolve this for you. To get rid of the CCJ entry on your credit file, they may need to apply for a set aside of the CCJ. If they simply settled the debt, the CCJ would still be on your record for 6 years from the date it was added. This of course would not be acceptable to you.

 

Suggest that you register an urgent complaint with your Insurers, first by phone and then to back this up, a recorded delivery letter.

[BazzaS]

You need your Insurances companies legal people to sort this out. They will look at the claims file and decide what they need to do resolve this for you. To get rid of the CCJ entry on your credit file, they may need to apply for a set aside of the CCJ. If they simply settled the debt, the CCJ would still be on your record for 6 years from the date it was added. This of course would not be acceptable to you.

 

Suggest that you register an urgent complaint with your Insurers, first by phone and then to back this up, a recorded delivery letter.

 

Were the insurers a named party (or joined) to the County Court claim?.

 

If not, can they apply for a set aside?.

[unclebulgaria67]

Were the insurers a named party (or joined) to the County Court claim?.

 

If not, can they apply for a set aside?.

 

That will all have to be looked into. The main point is that the OP needs to work with their insurance company.

[vjohn82]

I'm with BankFodder here, more details needed.

 

If I replied "well, there are things you can do ....." and left out the details, you'd likely be scathing in return.

 

So, details that might help :

 

Did you receive court papers? (if not, a set-aside might be an option). If so, did you attend the hearing?.

When did you notify your insurers of the incident, at the time, or since?. Were your insurers aware of the court action?.

 

You note "It was alleged I drove into the back of someone." Are you saying you weren't the driver during the incident?, That you were the driver but the vehicles never made contact?, That the vehicles made contact and you were the driver but that you were stationary and they reversed into you?.

 

That you did drive into the rear of another vehicle (these things happen!) but that they have inflated the claim for damage they have suffered?. Why is it merely "alleged" (since it appears a court believed them, unless you are saying that something else happened and you didn't get to defend the claim .....)

 

Similarly, you note 'The guy who has "sued" me' ... why the "sued" in quotation marks ... he clearly has sued you (and, for now at least, won....)

 

Help us to help you, with a little more detail...........

 

I'm quite experience with set asides of CCJs etc... I was just asking a general question about whether anyone has had experience of an insurance company not resolving a claim and then it leading to the insured receiving a CCJ.

 

I literally had sparse details at this time.

 

That being said, I was driving a vehicle but the driver in front reversed into me at the lights. A bus needs to make a very sharp turn at the junction; so much so that lines are marked out. He went over the lines due to traffic build up, saw his car was going to be swiped and in my opinion panicked and reversed back. No damage was visible on either car but I informed my own insurance company that he had reversed into me.

 

Nothing else was ever done about it. I have since moved address. No claims registered against my insurance. Nothing. Hence this all being such a mystery.

 

I have obtained the POC. I have the CCJ ref. I have the solicitors details.

 

When I said "sued me" it was because I'm not sure if it was him directly or the insurers suing me to cover a loss. So I'm not going to write something here which is an assumption. The courts have not been that forthcoming with the information either.

 

I'm waiting on a callback from the solicitors so I'll update when I have a chance later on.

[steampowered]

The first thing you need to do is contact both the court and the other side get yourself a copy of all the documentation. Right now the key is to gather as much information as you possibly can.

[BazzaS]

I'm quite experience with set asides of CCJs etc... I was just asking a general question about whether anyone has had experience of an insurance company not resolving a claim and then it leading to the insured receiving a CCJ.

 

I literally had sparse details at this time.

 

That being said, I was driving a vehicle but the driver in front reversed into me at the lights. A bus needs to make a very sharp turn at the junction; so much so that lines are marked out. He went over the lines due to traffic build up, saw his car was going to be swiped and in my opinion panicked and reversed back. No damage was visible on either car but I informed my own insurance company that he had reversed into me.

 

Nothing else was ever done about it. I have since moved address. No claims registered against my insurance. Nothing. Hence this all being such a mystery.

 

I have obtained the POC. I have the CCJ ref. I have the solicitors details.

 

When I said "sued me" it was because I'm not sure if it was him directly or the insurers suing me to cover a loss. So I'm not going to write something here which is an assumption. The courts have not been that forthcoming with the information either.

 

I'm waiting on a callback from the solicitors so I'll update when I have a chance later on.

 

"whether anyone has had experience of an insurance company not resolving a claim and then it leading to the insured receiving a CCJ" seems a little at odds with " No claims registered against my insurance ".

 

If your insurers were never advised of a claim by the 3rd party it is unsurprising they didn't "resolve it".

 

If you never received court papers (due to moving) then a set aside should be fairly easy.

You can then a) involve your insurers, and b) advise the 3rd party that you will defend any direct claim as well as involving your insurers ("joining" them into any action).

[vjohn82]

"whether anyone has had experience of an insurance company not resolving a claim and then it leading to the insured receiving a CCJ" seems a little at odds with " No claims registered against my insurance ".

 

If your insurers were never advised of a claim by the 3rd party it is unsurprising they didn't "resolve it".

 

If you never received court papers (due to moving) then a set aside should be fairly easy.

You can then a) involve your insurers, and b) advise the 3rd party that you will defend any direct claim as well as involving your insurers ("joining" them into any action).

 

Not really. There are no claims against my insurance. So if my insurer disputed a claim made against my policy, for whatever reason, I have now been landed with a CCJ from the guy/solicitor/insurer who attempted to make that claim.

[Ganymede]

You need to urgently contact your insurer from the time of the accident and send them the paperwork. They will pass it to their panel solicitors who will deal with it for you.

 

I'm assuming that this is a judgment in default and it didn't go to a trial?

[BazzaS]

Not really. There are no claims against my insurance. So if my insurer disputed a claim made against my policy, for whatever reason, I have now been landed with a CCJ from the guy/solicitor/insurer who attempted to make that claim.

 

Yes, really - and here is why.

 

You get the set aside, and the CCJ is rescinded.

The claimant can then claim against your insurers or restart the County Court claim against you. If your insurers deny the claim and the claimant reissues the claim against you : you can still "join" the insurer to the claim.

 

In order to have a judgement against you, with you liable for the value of judgement, then:

a) there would have to be a new claim,

b) the court would have to find in the claimants favour at the same time as

c) finding the insurer not liable.

 

I suggest this is unlikely. Even if it did happen, you'd have 30 days to settle for the judgement value before the CCJ became registerable to show on your credit file.

 

If the insurer was held liable and didn't pay up, you could pay to avoid the CCJ being shown on the register, and recover from the insurer.