Judgment for Claimant 3.5 years after an accident

[scob]

Key Facts:

• Accident that happened 3.5 years ago (21st October 2010)
• Judgment issue date: 3rd March 2014
• I hit into a company van
• The company failed to make a single attempt to claim through my insurance
• Judgment for Claimant received at my old address which I haven't lived at for 2 years

Hello all,
In October 2010 I had a very minor accident. I was in my own personal car and I bumped into a company van. The damage caused was very little, the van came off with next to no damage, maybe a tiny dent in the side of it.
I swapped insurance details with the driver and we left it at that, I wasn't going to make a claim against them as the damage was so minimal, it wasn't worth it.
They made absolutely no attempt to make a claim through my insurance, which I have confirmed with the insurance company today.
However, I checked my credit report yesterday and found that I have a public record against me for almost £3000. Upon digging further, I have discovered that this is a Judgment that has come from the company which van I had an accident with.
They have been sending letters to my old address, years after the accident. Luckily my mother lives there so I have been able to obtain a couple of the letters, but being 200 miles away from my mothers home, it hasn't been a priority to get my mail.

Is the company allowed to just make a claim like this against me? Should they have gone through my insurance in the first instance? Where do I stand?
What if my mum wasn't at that address and a stranger had moved into my house to receive them letters, I would never have known that they were sending them anyway!?

I can't have something like this on my credit report, I consider myself to be very wise with money and will eventually be buying a house. This is going to wreck my credit rating.
I just feel that the company shouldn't have gone about it this way, and I'm unsure whether they're actually allowed to go about it this way without going through my insurance.

I spoke to a solicitor who wasn't much help to be honest, they advised me to fill out an N244 form and send to the court. Am I supposed to send a cheque along with this or..?
Also I don't really have any way to prove that this was the date of the accident, other than pictures that were taken that have a Windows time-stamp.
A police officer did attend the incident, is there a way I can request that the police send me a letter confirming that they attended on this date? Otherwise I'm unsure how I can actually prove this.
Unless, the company has put forward to the court the actual date of the accident, can I request to see what they put forward to the court?
I need to get this sorted before the 27th this month so that this doesn't stay on my credit report.


Any help on this will be very appreciated!
Scott.

[Amethyst]

Re: Judgment for Claimant 3.5 years after an accident

The N244 form is to apply to have the judgment set aside. The fee for this would be £45 or £80 with a hearing. Before you do this you should contact the court and ask them to forward on any documents pertaining to the case and give them your new address. I believe that your insurers should deal with the claim though so once you have copies of the court papers get back in touch with them. Do you have added legal cover on your insurance policy?

[EXC]

Re: Judgment for Claimant 3.5 years after an accident

Have the claimants not attempted to enforce the judgment? Has you mother had any visits from enforcement officers?

[scob]

Re: Judgment for Claimant 3.5 years after an accident

Thanks Amethyst, how do I pay this, the original Judgment letter has been lost.

As far as I'm aware they've made no attempt to enforce it, they may have sent some letters to my mums address, but I have not received these myself. The solicitor told me that they would be 'out of time' to claim if the accident was over 3 years ago to the issue date of the judgment (which it is). I just need a way to prove this.
So if I request the court to send me a copy of the documents for the case, how long would these usually take? As I really need this resolved by the 27th this month.

[Amethyst]

Re: Judgment for Claimant 3.5 years after an accident

Firstly ring the court where the judgment was issued, if it was in default that would most likely be Northampton bulk processing centre, and ask for them to send you copies of the claim and judgment documents.
Northampton Bulk Centre (CCBC) 0300 123 1056 / 01604 619400 - only way to find out how long that would take would be to ask them. They might be able to send you them electronically.

Why the 27th April ? If the Judgment was 3rd March then the CCJ would be registered from 3rd April ish. Setting it aside and then successfully defending will enable you to have it removed.

[scob]

Re: Judgment for Claimant 3.5 years after an accident

Thank you very much, I will do. Would they reset the date seeing as I no longer live at my mums address?
Also, can this be removed from my credit report after the 27th of this month if the court see this in my favour?

Thanks.

[Amethyst]

Re: Judgment for Claimant 3.5 years after an accident

Re this

The solicitor told me that they would be 'out of time' to claim if the accident was over 3 years ago to the issue date of the judgment (which it is). I just need a way to prove this.

I think it would depend what they have actually claimed for. If it IS a claim for personal injury then yes there is a 3 year limit, however if it is for loss of earnings, damage etc it could allow them 6 years (I'm not an insurance expert btw)


(on the 3 years thing also, it's three years from when the injury was discovered to have been caused by the accident not three years from the accident)

[scob]

Re: Judgment for Claimant 3.5 years after an accident

Ah I see, I believe this was for damages and hire van costs etc.
The damage was so minimal though, a tiny dent in the door of the van, I honestly don't understand how they can ask for almost £3000.
Can they actually do this without going through my insurance, it seems so horrible that a company can just pin this on somebody.

[scob]

Re: Judgment for Claimant 3.5 years after an accident

Thanks everyone for your help, my insurance has just randomly called me to advise they're going to settle the amount and get the CCJ against me, removed. I'm unsure how this has come about to be honest and why they've randomly phoned me, but I won't question it.

[Amethyst]

Re: Judgment for Claimant 3.5 years after an accident

Blimey, well umm I would question it a little - are you 100% the call was from your insurance company? (I'm getting cynical)

[scob]

Re: Judgment for Claimant 3.5 years after an accident

It must have been, at the time the policy was in my mums name, they phoned her and asked from me, it was the correct insurance company. Can't see any reason why it isn't them.

[EXC]

Re: Judgment for Claimant 3.5 years after an accident

Thanks everyone for your help, my insurance has just randomly called me to advise they're going to settle the amount and get the CCJ against me, removed. I'm unsure how this has come about to be honest and why they've randomly phoned me, but I won't question it.

How can the insurance company get your CCJ removed? Doesn't sound at all right to me.

[scob]

Re: Judgment for Claimant 3.5 years after an accident

They told me they're settling the amount to have it removed.

[scob]

Re: Judgment for Claimant 3.5 years after an accident

I'm going to search for the number that called me to verify the identity. You've got me doubting myself now.

[EXC]

Re: Judgment for Claimant 3.5 years after an accident

Why would they tell you out of the blue they were settling the amount? In your first post you said you and the other side hadn't made a claim?