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

[julie1475]

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.

[steampowered]

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.

[julie1475]

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

[BazzaS]

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.

[Ell-enn]

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

[BazzaS]

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??

[Ell-enn]

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.......