Insurance Incompetence

[Tafford]

I was involved in any accident early in October last year - I maintain not my fault (I was stationary), other party disagrees but whatever, I leave it to my insurance Co ( who are supposedly one of the more reputable companies) to sort out.
Forward to April and I receive a County Court money claims form direct from the other parties solicitors claiming for clients loss of use of car etc. I then rang my insurance Co; they asked me to email it to them and they would sort it. I followed this up several weeks later with a further email and a phone call to check they were dealing with it - they assured me they were.
Forward to today - I've just received notice from the court of a judgement in absence of any defence requesting that I pay many £1000s immediately.

Questions- can I request this be set aside using the reason that I believed my insurance Co were dealing with it / submitting a defence? Or will this not be taken as a valid reason? I really don't want a ccj against my name and in any case dispute the claim. I'm beginng to think I need to use a solicitor for what I assumed was a minor reason.

To add insult to injury my car still hasn't been repaired as parts are unavailable....

Edited by Tafford on Tuesday 25th June 21:55

[Tafford]

No, haven't told the insurer as the letter was only received when I got home last night - asking them what the hells going on is this mornings job.

Even assuming they'll pay I'm still left with a CCJ against my name until such time as they do pay.

[Tafford]

Sadly in my name - issued by other parties solicitor not their insurer so I guess this means I'm screwed....

[Tafford]

No, I didn't submit a defence - I was under the (mistaken) understanding that the insurance co was going to do that. And it's a lot more than £1k - more like £7.5K

[Tafford]

Simpo Two said:

Sorry, misunderstood. Even more reason to get it sorted out then.

If the writ has your name on it then personally I would apply for setaside myself, and well before the deadline. You already let the insurers deal with it and they dropped the ball, I wouldn't trust them again, especially given the deadline. So if YOU are facing a CCJ for six years I'd barrel in there pdq.

I think it's an easy case but having insurance companies floating about has muddied the waters.



NB 'clients loss of use of car etc.' = £7.5K?

Thanks - I've spoken to and emailed the insurer today requesting they get back to me by return with their proposals to sort this. They gave the impression that their lawyers should have dealt with and couldn't understand why it has got to this point. I agree, though, that should they not come up with proof they're either paying it or asking for it to be set aside I'll have to do it myself.

£7.5k is, I also agree, quite expensive compared with hire costs - maybe he was very attached to his particular car......

[Tafford]

I've just had an email confirming that the insurers solicitors are actioning the judgement to have it set aside - I'll keep harrying them until I receive proof this has actually happened though given their track record so far