Jump to content

 

BankFodder BankFodder


julie1475

Car insurers messed up we have now been issued with a CCJ!!!!!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 820 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all I need advice.

 

2 years ago we had a minor car accident which we believed had been resolved by our insurers!!

 

Last week we received a letter from the court asking for £1556 as the insurance company had not paid the total amount we now have a CCJ.

 

I have spoken to the insurance company who have assured me that they will resolve the issue ( they have admitted fault) someone forgot to pay some of the fees and they have not responded to any letters sent to them!!

 

Now to me even though they have promised us that they will resolve the issue I can't help but feel that this is negligence by the insurance company - getting to this stage to me is totally unacceptable unfortunately only now we have received a letter about it otherwise I would have been on to them a hell of a lot sooner.

 

Any advice on this situation would be very much appreciated.

Share this post


Link to post
Share on other sites

Hi and welcome to CAG

 

What does the letter actually say please? Are you sure it is a CCJ?

 

If it is just a matter of receiving a letter, that is one thing. But if you have actually got a CCJ you may need to apply to court to make sure you don't have a CCJ sitting on your credit record.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Yes it is def a CCJ the insurance legal team are currently working to have it removed

Share this post


Link to post
Share on other sites

It certainly is appaling, and a breach of their duty of care.

It sounds 'negligent' : but that has a particular legal meaning - including that you suffer harm as a result.

 

You could certainly argue that you have suffered inconvenience, and the hassle of having to spend time getting them to sort this out.

I expect they'd pay you a "gesture of goodwill" (huh!) payment to cover that.

 

Have you suffered other demonstrable harm (been refused credit?, only offered credit at a less advantageous rate?, had trouble with employment due to an employer requiring you not to have a CCJ??)

If so, you can certainly claim for those losses that arise directly as a result of their negligence, (and that are 'reasonably forseeable' as a result of that negligent act).

 

Who has sought the CCJ?. If it is the other party's insurers they should agree to a set-aside of the CCJ if your insurers give them an undertaking to settle the outstanding amount and the costs of the set-aside.

Share this post


Link to post
Share on other sites

Did you receive a county court claim form prior to receiving notification of the CCJ ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites
Did you receive a county court claim form prior to receiving notification of the CCJ ?

 

Even if the OP did, they may have had assurances from the insurers that the insurers were dealing with it?. After all, the insurers settled some (most??) according to the OP.

 

Why should the OP have to attend court and settle any judgment sum if the insurers said they were dealing with it? That’s what the OP pays the insurers for, surely?

 

If you were going down the route of “OP wasn’t aware of a claim” : they’d still be better going down the route of a set-aside by consent rather than a potentially contested set-aside??

Share this post


Link to post
Share on other sites

I wasn't implying the OP should have dealt with the claim or go to court etc - I was just interested to know if he actually received a court claim, that was all.......


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...