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pete

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Has anybody had to deal with these people. They are putting in a claim against me for almost £4000 for an accident I had over 2 years ago.

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hindsight: the science that is never wrong

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That is the court, not the claimant. 

It looks like it has been issued via Moneyclaim on line, a Government website to issue a claim. I use it all the time as a landlord or disgruntled customer. I'm currently suing Admiral insurance. 

You will need to respond, as per instructions on the paperwork or you could have a judgement issued against you in default.

Justin

 

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If you're going to pass it to your insurance co, make sure you still respond.

I got a ccj many years ago after some twat got impatient waiting for my insurance company to repair his car, after his kids were messing in my car and let the handbrake off. It rolled into his car and damaged the boot lock. We were formally friends.

I ignored the court papers as my insurance was dealing... I lost by default for not attending :(

:) 

It's getting there......

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There is no hearing for a default judgement. If you don't respond within 14 working days, the claimant can just apply on-line for the court to enter judgement by default, which the court will do. 

Reversing that judgement is possible but not easy. 

Justin

 

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No. You are liable in law. 

You don't need to do your entire defence now. Read the paperwork, respond with a brief defence, assuming you are defending the claim. 

I would suggest you contact your insurance company that insured you at the time of the event.

And contact the claimant direct if you can, to see if there has been a misunderstanding.

Justin

 

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I have spoken to my insurance company and they say they are dealing with it. The claim has already been refused by them and say I shouldn't have had the claim sent to me as it has already been dealt with through both sets of solicitors

hindsight: the science that is never wrong

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Get that in writing and send it to the court would be my advice. Otherwise they'll probably go ahead with a hearing and find against you in your absence.

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You need to do as I advised above. I'm not wrong....you can get a judgement by default against you with no court hearing. It will take the claimant a couple of clicks to get a judgement against you if you don't defend it as detailed in the paperwork.

Once you've responded to this initial summons, you can then speak with your insurance company and hope their solicitors deal with it from that point onwards. I'm sure they'll act for you if the accident claim  has already been dismissed. 

Justin

 

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  • Gold FFM

@pete as Jep has said above you absolutely must respond. Provide the documentation from the insurance as part of the response and request that the application be struck out. Failure to respond WILL result in you losing by default - and the applicant will almost certainly instruct collection agents. At that point you are in some world of pain with a ruined credit file.

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Only here once

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  • 3 weeks later...

Spoke to solicitor handling the case for my insurance company and he has submitted my defence form. Was told previously by him and the insurance company that I wasn't to answer anything , it was all to be dealt with by them

hindsight: the science that is never wrong

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