CCJ after accident

[SBDJ]

Slightly strange situation - I was involved in an accident a year ago. I was injured at the time and taken to hospital and the police attended too. Details of my insurer were provided but I was unable to take the third parties details. My insurer contacted me shortly after to say they had been contacted by the third parties insurer. Since then I've chased my insurance company quite a few times to see what was happening but just got a still ongoing response. Last I heard in February fault hadn't yet even been assigned.

Today I have received through a CCJ from the person involved in the accident via her solicitor firm. I've not received a letter before action nor a claim form.

I don't understand why I've been claimed against personally rather than my insurer given that they had them. More worryingly I don't know what to do about this CCJ and don't feel I'm personally liable since I was insured. I've tried speaking to my insurer who bounced me around a bit and got me nowhere. The email address they gave me to email the CCJ paperwork to bounced, so I've emailed it to the claim team but they usually take an absolute age to respond - sometimes a few weeks!

[trickywoo]

Sounds like its gone too far and you need to get onto the Financial Ombudsman.

Have you really had County Court Judgment? That implies there has been a court case already and you've been ruled against and then you have further failed to pay the judgement hence the CCJ.

[SBDJ]

I received a "Judgement for Claimant (in default)" today. First communication I've had :/

Just spoke to my insurer again, they have received my picture of the court documents and will get back to me within 24 business hours. Stupid bank holiday weekend

Edited by SBDJ on Friday 3rd May 15:26

[SydneyBridge]

it is standard for a claim to be issued against the Defendant, by the Claimant, but it would have to go a long way beyond that for a CCJ to be granted. Is your address correct on the claim form? have you moved recently or anything?

[SBDJ]

My address on the claim form is correct, and I've lived there for almost 3 years prior to the accident. I'm baffled as to how this is the first I'm hearing!

[KungFuPanda]

Is it a CCJ for a fixed sum or for an undefined amount for Personal Injury?

[bad company]

I don’t understand how you can get a CCJ against you and not know about it. You would have had letters sent to you by the claimant’s lawyers and the Court.

Something is wrong here.

[SAS Tom]

I have had the same issue in the past OP. I had an accident where I was at fault. Held my hands up and told the insurers to pay out. They didn’t pay for some unknown reason and the third party’s insurer filed a claim with the court.

I contacted my insurer who said they would sort it out. The next I heard was a letter from the court saying they had ruled in the third party’s favour. I contacted my insurer to find out what was going on and what options there were. They said they would have to apply for the judgement to be set aside and there was a good chance it would be set aside as we didn’t turn up to court for the hearing. You or your insurer will need to do this ASAP but I would suggest that part of it will be that the insurer will have to commit to settling the claim.

Once the judgement is set aside there will be no record of a CCJ so it won’t affect you but you will have to make sure you apply for it to be set aside within the time frame specified. This can take a few months and your credit rating will be fked in the meantime. You won’t be able to get credit for pretty much anything whilst the CCJ is showing. I was applying to rent a flat at the time and had to get guarantor’s etc plus it took about 3 months for the estate agent to sort it out.

As for the person that doesn’t believe this has happened, it can and does happen. It has happened to me and I can remember at least one other person on here who has asked for advice in the same situation.

[Sheepshanks]

SAS Tom said:

.... and the third party’s insurer filed a claim with the court.

You knew this happened. The OP is saying he didn't know.

[SAS Tom]

Sheepshanks said:

SAS Tom said:

.... and the third party’s insurer filed a claim with the court.

You knew this happened. The OP is saying he didn't know.

To be fair it’s a single letter which if I remember correctly the envelope isn’t anything obvious. Maybe he didn’t open it, I can’t claim to have opened all of my post.

Have you never had anything go missing in the post? If you’re not expecting it how would you know it was missing?

That’s just some of the various outcomes that really aren’t relevant at this stage now he does know.

[bad company]

SAS Tom said:

To be fair it’s a single letter which if I remember correctly the envelope isn’t anything obvious. Maybe he didn’t open it, I can’t claim to have opened all of my post.

Have you never had anything go missing in the post? If you’re not expecting it how would you know it was missing?

That’s just some of the various outcomes that really aren’t relevant at this stage now he does know.

They’d have been more than one envelope.

Sorry but I think the op is being economical with the facts.

[SAS Tom]

I only got one letter before the one with the ruling. I would expect the same.

OP are you disputing liability? If so then that’s probably why they took you to court. If that is the case you would have to get the judgement set aside then go to another hearing and put across your side of the story.

[SBDJ]

I have absolutely not received anything relating to court action prior to this.

I received a letter from their law firm shortly after the accident asking me to pass their letter on to my insurer. I did so.

Next I knew was the judgement arriving.

I reported it to my insurer as non fault. Last I heard the insurers were still arguing over that. My insurers say they will get back to me on Tuesday/Wednesday.

[bad company]

SBDJ said:

I have absolutely not received anything relating to court action prior to this.

I received a letter from their law firm shortly after the accident asking me to pass their letter on to my insurer. I did so.

Next I knew was the judgement arriving.

I reported it to my insurer as non fault. Last I heard the insurers were still arguing over that. My insurers say they will get back to me on Tuesday/Wednesday.

So the Court didn’t contact you before the hearing, they just wrote and said you’d lost and you have a CCJ?

[SBDJ]

For the last time, if they did, I didn't receive it. Otherwise I would have passed it to my insurance company to contest, and failing that I would have contested it myself instead of permitting judgement in default.

I'm well aware I should have received something. I did not for some reason.

I once received a parking ticket for a car I'd sold and had the confirmation letter back from the DVLA. I sent that to the council concerned and they told me that was the end of the matter for me. A few months down the road county court papers arrived and I promptly called the council back and they cancelled it. So I'm aware of the correspondence I should have had, and I would have absolutely done something about it instead of binning it...

Edited by SBDJ on Sunday 5th May 10:17

[bad company]

SBDJ said:

For the last time, if they did, I didn't receive it. Otherwise I would have passed it to my insurance company to contest, and failing that I would have contested it myself instead of permitting judgement in default.

If that’s really the case you need to contact the Court saying that you had no opportunity to defend yourself and requesting the judgment to be set aside.