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Was it from the Company or from their insurers please?
Great thanks for coming back to me. Can I just confirm that this is for UK law and not USA?
The company in question is called Vinci Construction
Yes I am a Midlands Solicitor.
Ok - when did you find out about the Judgment please?
Personally I found out about it only a couple of days ago. It is dated 27th March 2014
Ok. You need to apply to set aside Judgment in default.
For this you need to complete form N244
You need to show the Court you have a real defence.
What you are claiming is that this was a LVI - low velocity impact.
You will also have to pay a Court fee to have the application heard.
It will be listed for a hearing and you explain to the Judge about the accident and your defence
A Judge would then decide whether to set it aside.
But in any event they may be out of time - you need to know the issue date.
If it was more than 3 years after the accident they are out of time
Can I clarify anything for you about this today please?
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?
No - they would have to prove that you caused that amount of damage.
Where do I have to send the N244, there is no address on it.
The Court that you got the CCJ from
If it was online it will be Northampton
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
No - it will be transferred to your local Court
Can I clarify anything else?
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?
That's great, thank you for your time.
It needs to be date of ISSUE not date of JUDGMENT
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How will I find that issue date out?
You need to ask the Court
Right ok, that is all. Thank you.
Great - please remember to leave feedback before you go today
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?
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.
Isn't that medical though, not vehicle damage?