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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In October 2010 I had a very minor accident. I was in my own

Customer Question

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.


Any help on this will be very appreciated!
Scott.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was it from the Company or from their insurers please?

Customer:

Great thanks for coming back to me. Can I just confirm that this is for UK law and not USA?

Customer:

The company in question is called Vinci Construction

Alex Watts :

Yes I am a Midlands Solicitor.

Alex Watts :

Ok - when did you find out about the Judgment please?

Customer:

Personally I found out about it only a couple of days ago. It is dated 27th March 2014

Alex Watts :

Ok. You need to apply to set aside Judgment in default.

Alex Watts :

For this you need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You need to show the Court you have a real defence.

Alex Watts :

What you are claiming is that this was a LVI - low velocity impact.

Alex Watts :

You will also have to pay a Court fee to have the application heard.

Alex Watts :

It will be listed for a hearing and you explain to the Judge about the accident and your defence

Alex Watts :

A Judge would then decide whether to set it aside.

Alex Watts :

But in any event they may be out of time - you need to know the issue date.

Alex Watts :

If it was more than 3 years after the accident they are out of time

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Right ok. I don't believe the accident was anyones fault. But if it turns out to be my fault, will I have to pay the full £3000 even though they've not gone through my insurance?

Alex Watts :

No - they would have to prove that you caused that amount of damage.

Customer:

Where do I have to send the N244, there is no address on it.

Alex Watts :

The Court that you got the CCJ from

Alex Watts :

If it was online it will be Northampton

Customer:

Ah yes it was Northampton. Would that mean I'd have to travel all that way to stand in court, or can this be done in my local court? Or would it all be done online. Sorry I am very new to all of this

Alex Watts :

No - it will be transferred to your local Court

Alex Watts :

Can I clarify anything else?

Customer:

Right, ok. I think that covers everything. So just to confirm, if the CCJ was issued 3 years after the accident, then they're 100% out of time regardless of who's fault it was?

Alex Watts :

Yes

Customer:

That's great, thank you for your time.

Alex Watts :

It needs to be date of ISSUE not date of JUDGMENT

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

How will I find that issue date out?

Alex Watts :

You need to ask the Court

Alex Watts :

Can I clarify anything else?

Customer:

Right ok, that is all. Thank you.

Alex Watts :

Great - please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Sorry to have to open this again. I am in the middle of filling my N244 form out but unsure on whether I should be providing evidence. I don't have any form of evidence on when the accident took place. Can the company actually lodge a 'Judgment for Claimant' against me? I thought these were only for lenders/company's that you've borrowed money from? I really do not want this on my credit report and believe they shouldn't be demanding this from me having not contacted my car insurance company. Please advise, thank you!
Customer: replied 3 years ago.
Also to add, the issue date was the 3rd March this year. Which makes it 3 years and 4 months since the accident. I just have no way of proving it was on this date, except some images that have a Windows timestamp of when the photo was taken, can't see his being enough though.
Expert:  Ash replied 3 years ago.
Yes they can - you MUST reply to the claim form. If you don't then Judgment can be entered as you have failed to file a defence, as required by law.

Alex

Customer: replied 3 years ago.
Reply in the form of the N244, who can I go to for help filling this out? Would attaching the photos help my case?
Customer: replied 3 years ago.
Also, is there a way I can find out what the company has sent to the court, as they may have included the accident date, I would like to know this before I try and prove the date. If they've already provided the date then I can use their own evidence to show that they're out of time.
Expert:  Ash replied 3 years ago.
Yes you can prepare a short statement with photographs.

As for N244 you could post a new question here for my attention and I would be happy to assist.

You can also use their evidence if you wish.

Alex

Customer: replied 3 years ago.
Am I able to phone someone to get an outline of what they've put forward to the court or can I get this via the post? Also, I have lost my judgment as this was delivered to my mums address and she's thrown it away! Will create a new question regarding the N244, thanks.
Expert:  Ash replied 3 years ago.
Sadly no - its against site rules.

Please put the new question: for Alex W and I can assist.

Alex

Customer: replied 3 years ago.
I don't mean phone yourself... Do you know who I should phone to get an outline of what the company put forward to the court?
Expert:  Ash replied 3 years ago.
I don't quite understand the question I am sorry?

Customer: replied 3 years ago.

The company who's van I hit into, wouldn't they have presented a case to the court before judgment was sent to me? I.e. their account on what happened, as to why they're demanding the money. If this is the case, then is there any way I can find out exactly what they've presented to the court?

Expert:  Ash replied 3 years ago.
You should ask the court for a copy of the claim form. Then you respond to that.

Alex

Customer: replied 3 years ago.

You mentioned that 3 years after the accident would mean they're out of time. Does this include damages and loss of earning etc...?


For some reason, someone I know believe this is 6 years for damages. Can you confirm? Thanks.

Expert:  Ash replied 3 years ago.
Negligence is 3 years.

Alex

Customer: replied 3 years ago.

Isn't that medical though, not vehicle damage?

Expert:  Ash replied 3 years ago.
There should be some evidence of that.

Alex

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