Received a court claim for an RTC?

[jsmith589]

Hi, a good number of months back I received a county court claim for a claimant from an RTC accident which was my fault.
I immediately contacted my insurance company as it said they needed a response within 14 days.

They told me they would deal with it and not to worry. I didn't send any forms back to the court and left it up to the insurers to sort. I sent them copies of everything I had received.

I have just had another identical set of forms sent out to me but this time the original date the court wanted a response by has been crossed out and it now says 'date of service 17th July', giving me two working days to respond?
What does this mean?

I am going to contact the insurance company again on Monday morning, but I am quite concerned about what is going on as this is now the second letter. It seems to me as though the insurance company are not sorting this out and are just letting it linger.

I am getting increasingly worried that this will affect my credit score.

The claim form says that negotiations broke down between my insurer and the claimants representative, and a figure could not be agreed for their costs (whiplash and hire car I am assuming).

Any help would be greatly appreciated.

[miliitant]

Re: Received a court claim for an RTC?

please tell me the claim has not been brought by MIB as the claimant

[jsmith589]

Re: Received a court claim for an RTC?

Hi thanks for your post. I don't know if this is what they have done or not. The insurer didn't mention it. They had insurance and so did I. The form is a CPR part 8. My insurer said they had already settled the claim and were surprised at the form.

[miliitant]

Re: Received a court claim for an RTC?

CPR 8 is used for anything else owed apart from money.

My view is that they have commenced the claim under the wrong procedure.


Part 8 you dont actually need to file I defence I dont think, there is no normal 14/28 day rule

give me 20 minutes on what is going on

why am i giving advice

please phone your insurers first thing monday

its their job to sort this out

[jsmith589]

Re: Received a court claim for an RTC?

CPR 8 is used for anything else owed apart from money.

My view is that they have commenced the claim under the wrong procedure.


Part 8 you dont actually need to file I defence I dont think, there is no normal 14/28 day rule

give me 20 minutes on what is going on

why am i giving advice

please phone your insurers first thing monday

its their job to sort this out

Hi, thanks again for the post. Will call insurers again on Monday. Just worried that this is going to affect me personally.
I had noticed that the form mentions the claimants solicitor. The same solicitor they used to claim for PI.

I will give insurers a call tomorrow and ask for them to address it expeditiously.

Many thanks for your comments.

[miliitant]

Re: Received a court claim for an RTC?

part 7 claims are for money, not part 8

please tell me the claim is from northampton ccbc, if so, its the wrong court

[jsmith589]

Re: Received a court claim for an RTC?

part 7 claims are for money, not part 8

please tell me the claim is from northampton ccbc, if so, its the wrong court

Hi, no it was from either Stockton or Stockport county court. I think it was the latter.

[bluebottle]

Re: Received a court claim for an RTC?

Something doesn't add up here. In my experience, personal injury claims are normally lodged with a District Registry of the High Court. Neither Stockton or Stockport County Courts are District Registries of the High Court. The nearest District Registry to Stockton is Teeside County Court, which is in Middlesborough, and the nearest District Registry to Stockport is Manchester County Court. Could you please check which court it was? I'm also rather concerned details had been crossed out on a court form. Had the crossing-out been initialled at all?

[jsmith589]

Re: Received a court claim for an RTC?

Hi there, thanks for your post. I have just taken another look, it is from Stockport County Court and is an N208 Claim Form (CPR Part 8)
The original date has a round stamp with "Date of Service", then Date and then "or Solicitors Service" below.
The new stamp says "Date of Service 17th July 2012" but does not say or Solicitors Service below.

There are no initials. The original stamp just has an X drawn over it with normal biro pen.

Further down the page, there is an Issue Date Column, the old date has again been crossed out in black biro and a new one of 13 Jul 2012 has been stamped in.
When I got the original form many months ago, the insurance company seemed to think it could be to do with any hire cars the claimant had needed? - or that it was to do with these no win no fee deals that the solicitors do (which the claimant did take out).
Unlike the last set of forms which came though, these all appear to be photocopies, the quality if different.
The envelope does have the official stamps as well as the court manager's address.

Something doesn't add up here. In my experience, personal injury claims are normally lodged with a District Registry of the High Court. Neither Stockton or Stockport County Courts are District Registries of the High Court. The nearest District Registry to Stockton is Teeside County Court, which is in Middlesborough, and the nearest District Registry to Stockport is Manchester County Court. Could you please check which court it was? I'm also rather concerned details had been crossed out on a court form. Had the crossing-out been initialled at all?

[bluebottle]

Re: Received a court claim for an RTC?

Speak to your insurers today and find out what they want you to do.

[jsmith589]

Re: Received a court claim for an RTC?

Speak to your insurers today and find out what they want you to do.

Ok, will do. Thanks.