How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17054
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I told the ins company I intend to take action.do I now wait

Customer Question

I told the ins company I intend to take action.do I now wait for the m to send the court papers
Submitted: 15 days ago.
Category: Law
Expert:  JimLawyer replied 15 days ago.

Hi, this is Jim and welcome back to Just Answer.

Expert:  JimLawyer replied 15 days ago.

For some reason I can't see the previous question. You mention and insurance company - are they threatening to sue you?

Expert:  JimLawyer replied 14 days ago.
Hi, I will need to give a general answer in the absence of further details. 

You say that you were waiting for the insurer to send you the court papers. 

They should send a letter before action to you if their debt collection attempts fail - which is required under the pre action protocol to give you the chance to avoid court action. They usually give you 14 days to pay before they will take civil court action.

It is recommended that you reply to this letter given the courts expect parties in a dispute to engage and discuss their dispute, to try and avoid court action.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help.

You should not ignore the court papers as if you do, the claimant will apply for judgment in default meaning they win and you would not be allowed to defend the claim.

A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. You should first invite the claimant to voluntarily discontinue their claim within 7 days if it gets to this point - tell them if they don't then you will apply to strike out and seek your costs if you are forced to do so. If you have no response or they reply and refuse then you could apply to strike out. The application costs £275 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. 

If you lost and if you were unable to pay the full sum owed at that point you can also ask the court to pay by instalments (a simple form is sent in, form N245, and a fee of £14 unless you qualify for a fee exemption so if you are on a low income, have low savings or in receipt of benefits then you would qualify). If the CCJ was not paid in full though bear in mind the credit record would contain the CCJ details for up to 6 years. After that it comes off the credit registers.

I can assist you going forwards if it gets to the point they issue a claim.

Expert:  JimLawyer replied 14 days ago.

I hope this helps

Expert:  JimLawyer replied 14 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Expert:  JimLawyer replied 14 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question.

I look forward to helping you again soon.

Thanks again,

Jim