Regarding a CCJ resulting from a crash
Discussion
Hi guys
A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). He therefore paid out of his own pocket to repair the car and the other car was sorted too. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. He's trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
He is seeking legal damage but is there anything else we can do in this situation?
A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). He therefore paid out of his own pocket to repair the car and the other car was sorted too. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. He's trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
He is seeking legal damage but is there anything else we can do in this situation?
rayyan171 said:
A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). He therefore paid out of his own pocket to repair the car and the other car was sorted too. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. He's trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
He is seeking legal damage but is there anything else we can do in this situation?
So much of this makes zero sense...He is seeking legal damage but is there anything else we can do in this situation?
You don't get a "CCJ" from somebody else. You might have a claim from them, but a CCJ is a JUDGEMENT. It comes from a court. It means the case has been heard, and you've lost.
If he paid for the damage, what's being claimed for now?
If this other driver reckons there's other costs, why not just pass it to his own insurance?
Is your friend SURE he wasn't insured? No DOC cover? The uninsured driving didn't make it to the police?
What is your friend seeking "damages" for, and how much?
rayyan171 said:
Hi guys
A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). He therefore paid out of his own pocket to repair the car and the other car was sorted too. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. He's trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
He is seeking legal damage but is there anything else we can do in this situation?
You have not given enough info....A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). He therefore paid out of his own pocket to repair the car and the other car was sorted too. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. He's trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
He is seeking legal damage but is there anything else we can do in this situation?
Can we break this down a bit to get the True story
Your "FRIEND" who had this accident, was he driving with the owner of the car and was the owner of said car insured?
Did your "Friend" cause the accident?
Were the Police called and did the case ever go to court?
Was your "Friend" fined /banned as a result of driving a car with no insurance and causing alleged accident?
What was he ordered to pay by the Judge?
If your "friend" never bothered to go to court then the chances are there were judgements made against him?
You also say that he paid for repairs, was the other car insured and who did he pay the monies to, Insurance company or owner? Is there a paper trail?
Please do not tell us he paid out cash?
If so did he pay the Garage or Owner of cars?
Edited by fatboy18 on Monday 30th January 15:31
TooMany2cvs said:
You don't get a "CCJ" from somebody else. You might have a claim from them, but a CCJ is a JUDGEMENT. It comes from a court. It means the case has been heard, and you've lost.
Or a default judgement after moving house and never seeing any of the original claim documents.I'm working with a friend who has just been refused a mortgage due to a CCJ for a private parking ticket they knew nothing about, as it was all sent to a previous address during the DVLA V5 changeover.
The PPC has issued a claim and won a default judgement, then done an address/person trace to try to enforce it.
Sounds like a personal injury claim and I agree a judgment in default of no defence being entered. Or it's just a county court claim that's been issued with a CCJ yet to be entered. You say the other side is "trying" to claim so it is not yet at judgment stage.
Any receipts received for the money paid to date?
Any receipts received for the money paid to date?
S11Steve said:
TooMany2cvs said:
You don't get a "CCJ" from somebody else. You might have a claim from them, but a CCJ is a JUDGEMENT. It comes from a court. It means the case has been heard, and you've lost.
Or a default judgement after moving house and never seeing any of the original claim documents.I'm working with a friend who has just been refused a mortgage due to a CCJ for a private parking ticket they knew nothing about, as it was all sent to a previous address during the DVLA V5 changeover.
The PPC has issued a claim and won a default judgement, then done an address/person trace to try to enforce it.
They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
TooMany2cvs said:
Yep, like I said... The judgement came from the court who heard the case, and the friend lost.
They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
You're very certain of all your facts for someone who can't even properly call a judgment a judgment! They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
TooMany2cvs said:
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
I'll assume the DVLA will have given the RK details to an ambulance chaser - we get a lot of these, and some will include a copy of the DVLA request form. And itemise the cost of it in their vastly inflated claims...!corrected post said:
Hi guys
A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). The friend therefore paid out of his own pocket to repair the car and the other car was sorted too, not too sure if the police were involved. Fast forward to a few days ago and a CCJ came through the post from the crown court Birkenhead. The other driver has claimed off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident. He is trying to claim personal injury even though he walked away from the incident.
My friend is seeking legal advice but is there anything else we can do in this situation?
So sorry guys, few amendments had to be made to the post, got some points wrong. A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). The friend therefore paid out of his own pocket to repair the car and the other car was sorted too, not too sure if the police were involved. Fast forward to a few days ago and a CCJ came through the post from the crown court Birkenhead. The other driver has claimed off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident. He is trying to claim personal injury even though he walked away from the incident.
My friend is seeking legal advice but is there anything else we can do in this situation?
Edited by rayyan171 on Monday 30th January 15:54
rayyan171 said:
corrected post said:
Hi guys
A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). The friend therefore paid out of his own pocket to repair the car and the other car was sorted too, not too sure if the police were involved. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. The other driver is trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
My friend is seeking legal advice but is there anything else we can do in this situation?
So sorry guys, few amendments had to be made to the post, got some points wrong. A friend of mine had an accident in someone else's car about two years ago (therefore he wasn't insured in that car). The friend therefore paid out of his own pocket to repair the car and the other car was sorted too, not too sure if the police were involved. Fast forward to a few days ago and a CCJ came through the post from the other car's owner. The other driver is trying to claim off damages and other complete lies etc. and is really just trying to bag a pretty penny through this already sorted incident.
My friend is seeking legal advice but is there anything else we can do in this situation?
TooMany2cvs said:
So much of this makes zero sense...
You don't get a "CCJ" from somebody else. You might have a claim from them, but a CCJ is a JUDGEMENT. It comes from a court. It means the case has been heard, and you've lost.
If he paid for the damage, what's being claimed for now?
If this other driver reckons there's other costs, why not just pass it to his own insurance?
Is your friend SURE he wasn't insured? No DOC cover? The uninsured driving didn't make it to the police?
What is your friend seeking "damages" for, and how much?
Yes, the CCJ is from crown court Birkenhead I think, and the other driver is claiming for damages to himself, injury and one more thing that I can't remember. I believe he wasn't insured but I'll ask him to check with his insurer as he was insured on a car at the time of the incident. You don't get a "CCJ" from somebody else. You might have a claim from them, but a CCJ is a JUDGEMENT. It comes from a court. It means the case has been heard, and you've lost.
If he paid for the damage, what's being claimed for now?
If this other driver reckons there's other costs, why not just pass it to his own insurance?
Is your friend SURE he wasn't insured? No DOC cover? The uninsured driving didn't make it to the police?
What is your friend seeking "damages" for, and how much?
We believe the other drive has been approached by the usual 'have you had an accident in the past three years' firms.
BTW, what is a DOC? I've never heard of this term before.
Again, the first post was very wrong in some points, sorry about that.
fatboy18 said:
ou have not given enough info....
Can we break this down a bit to get the True story
Your "FRIEND" who had this accident, was he driving with the owner of the car and was the owner of said car insured?
Did your "Friend" cause the accident?
Were the Police called and did the case ever go to court?
Was your "Friend" fined /banned as a result of driving a car with no insurance and causing alleged accident?
What was he ordered to pay by the Judge?
If your "friend" never bothered to go to court then the chances are there were judgements made against him?
You also say that he paid for repairs, was the other car insured and who did he pay the monies to, Insurance company or owner? Is there a paper trail?
Please do not tell us he paid out cash?
If so did he pay the Garage or Owner of cars?
The 'friend' was with the owner, I believe. The owner is insured. Can we break this down a bit to get the True story
Your "FRIEND" who had this accident, was he driving with the owner of the car and was the owner of said car insured?
Did your "Friend" cause the accident?
Were the Police called and did the case ever go to court?
Was your "Friend" fined /banned as a result of driving a car with no insurance and causing alleged accident?
What was he ordered to pay by the Judge?
If your "friend" never bothered to go to court then the chances are there were judgements made against him?
You also say that he paid for repairs, was the other car insured and who did he pay the monies to, Insurance company or owner? Is there a paper trail?
Please do not tell us he paid out cash?
If so did he pay the Garage or Owner of cars?
Edited by fatboy18 on Monday 30th January 15:31
The friend did cause the accident.
The police were on scene but I don't think it went to court. I believe the other driver paid out for his car himself as he didn't want insurance involved, and there wasn't too much damage to his car.
He only paid repairs for the car he was driving. The other car had minimal damage and he covered the repair costs on the car he drove. There is a paper trail.
TooMany2cvs said:
Yep, like I said... The judgement came from the court who heard the case, and the friend lost.
They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
Friend hasn't moved. They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
janesmith1950 said:
TooMany2cvs said:
Yep, like I said... The judgement came from the court who heard the case, and the friend lost.
They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
You're very certain of all your facts for someone who can't even properly call a judgment a judgment! They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
I believe he is correct, my friend only heard of this claim going through after he received the letter, which is the first he has heard of the case after all. He had no idea that a claim was being made against him.
Is there no way to appeal/challenge the ruling?
rayyan171 said:
Yes, the CCJ is from crown court Birkenhead I think, and the other driver is claiming for damages to himself, injury and one more thing that I can't remember. I believe he wasn't insured but I'll ask him to check with his insurer as he was insured on a car at the time of the incident.
We believe the other drive has been approached by the usual 'have you had an accident in the past three years' firms.
BTW, what is a DOC? I've never heard of this term before.
Again, the first post was very wrong in some points, sorry about that.
At this stage it's not a CCJ it's just a county court claim against him. He could do with taking some legal advice (half hour often free). I would suggest that as your friend has paid out for the vehicle damage the other party thinks he can now get some more money for his personal injury whether genuine or not, more as likely not. They may not know that he wasn't insured, but simply elected instead to deal with this outside of the insurance privately as is his right. His problem now is the PI claim and associated legal costs. We believe the other drive has been approached by the usual 'have you had an accident in the past three years' firms.
BTW, what is a DOC? I've never heard of this term before.
Again, the first post was very wrong in some points, sorry about that.
My own view if it were me I would come clean that I had no insurance to the defendant representatives and make them an offer to settle all outstanding claims. Alternatively if I had not the means to pay anything other than a token amount per week/month to confirm the same and suggest that the defendant instruct the MIB to payout. Then deal with the MIB.
It is worthwhile the driver looking into seeing if he had a DOC (Driving Other Cars) extension on his own policy which may cover third party risks at the time of the accident (check the policy wording). Although the insurers if there is one may well ask for an explanation why it has taken him so long to notify them.
edited: if the "at fault" car was actually insured as you are now suggesting, but not the driver, then there should still be an indemnity to pay out for third party costs under the RTA section of the policy. I guess the insurance company have never been notified so will not act. The owner of the vehicle your friend was driving must contact their insurance immediately.
Edited by anniesdad on Monday 30th January 16:18
Edited by anniesdad on Monday 30th January 16:22
rayyan171 said:
TooMany2cvs said:
Yep, like I said... The judgement came from the court who heard the case, and the friend lost.
They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
Friend hasn't moved. They lost because they didn't enter a defence because they didn't hear from the court about the case, but the case was heard. The CCJ didn't come from the PPC or the other driver.
Has the OP's friend moved? DVLA aren't relevant, because they weren't involved.
After this the process will be re-set and re-run with the ability to supply evidence to defend. However....how much is being claimed? - are you, well your friend, confident of getting a different result, even if the process is re-run? - this sounds like injury compo, not damage which could be otherwise proven, injury is impossible to disprove and the judge will place additional weight on the doctor paid to sign the injury forms...
rayyan171 said:
The 'friend' was with the owner, I believe. The owner is insured.
The friend did cause the accident.
The police were on scene but I don't think it went to court. I believe the other driver paid out for his car himself as he didn't want insurance involved, and there wasn't too much damage to his car.
He only paid repairs for the car he was driving. The other car had minimal damage and he covered the repair costs on the car he drove. There is a paper trail.
The vehicle is insured not the owner!! Your friend should be fine but the owner will need to instruct his insurers to deal/defend the claim. The friend did cause the accident.
The police were on scene but I don't think it went to court. I believe the other driver paid out for his car himself as he didn't want insurance involved, and there wasn't too much damage to his car.
He only paid repairs for the car he was driving. The other car had minimal damage and he covered the repair costs on the car he drove. There is a paper trail.
rayyan171 said:
Yes, the CCJ is from crown court Birkenhead I think, and the other driver is claiming for damages to himself, injury and one more thing that I can't remember.
So it's not a CCJ - J for Judg(e)ment. It's a claim at the moment. He has the opportunity to put a defence in. If his defence isn't believed, or if he doesn't defend himself, then it's a CCJ, which will be found by any future credit searches and which can be enforced if he doesn't pay in short order. If his defence is believed, then he owes nothing.rayyan17 said:
BTW, what is a DOC? I've never heard of this term before.
Driving Other Cars cover - does his insurance cover him for driving his mate's car, even if he's not a named driver? It won't pay for the damage to the mate's car, but will to the car he hit. And, importantly, to any injury claims.It does sound like the phone ambulance-chasers have got to this other person, so it's entirely likely the claim is spurious.
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