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By leo
#463873 Hi.it would appear i have had a CCJ against me.but never received a letter to the correct Address.now all of a sudden,i have had a notice stuck on my door.it seems the person has transferred the CCJ from the County Courts.to an HCE.i being they believe thats where i live.so a Bailiff has been to try and collect goods to the affect of what they want from me.it appears they can make 3 visits within 12 months.hence the notice.
the reason for this action is.over 15 months ago.i was behind this person at the traffic lights.when turned to green she moved off and has to turn immediate right.hence she faces the other lights on red for the traffic waiting on the left.she decided to stop for which i braked also.blew my horn as if to say what are you doing.moves off again for which i follow and she stops again.this time i clip her rear end scuff the bumper and a thumb nail dent in her tailgate.no damage to my car..very angry with her ,she said she just panicked.
basically told her to call at the garage near the traffic lights where i worked and gave her my Name.and said i would get it repaired for her no other details where passed. .She did not come to the garage but instead looked up my name in the Telephone Book and went and called to the said address which was my Parents House. and left a number for them to contact me.basically i did not want to pay the access charge with my insurance and lose no claims.so i offered that i would get it repaired by professional repair garage.but her Husband refused and wanted to take it to one of his choice.i said providing it was not to expensive we would go from there. basically to cut a long story short he tried to get the repairer to make a bigger invoice.he refused saying he did most of his work from where he got the car from..so he had to go through the channels that way.the invoice was around 8 to 900 pound which was a Joke.the person to repair said he did not do trade prices.i tried to explain all this to her Husband who did not care to have a sensible solution with me.hence foolish maybe i ignored letters from there insurance company.so it would appear he got it repaired through his insurance company.hence now this situation.by rule of thumb,yes you have to have a certain distance between the vehicle in front.but at traffic lights thats impossible being it would never work.i feel driving without due care and attention on her behalf..i received this notice on the 28th Jan 2014.but i am out of Europe till June when i will be back,for which the Bailiff has been informed.i also believe she is claiming for whiplash which is a complete joke.no damage to my car.so overall rightly or wrongly this is the situation i am in now.
i understand certain things i can do,but not whats the best situation for all this.i come back in June to Cheshire where i live, for a couple of months then i will be going back to live abroad in defiantly.of course i may visit UK now and then who knows.i borrowed Money from my Father but just in case i dont pay him back.he has a Legal charge on my property.so i think the worse case scenario for them is to make me Bankrupt or try and negotiate some payment back,for which i feel something is better than nothing for them..
please can you advise?
User avatar
By TalbotWoods
#463923 First question

Why was this not handled by your vehicle insurance company, as that will direct the correct response.

However, even with that information we are NOT able to comment the circumstances around the claim, that is a legal matter.

Tim
By leo
#463963 Hi Tim.
the reason it was not passed on to the insurance company.was the damage was not worth me going through my insurance,firstly i would have to pay the first 400 pound access on my insurance which then in turn i would lose no claims bonus..
but the Women Husband would not allow me to take it to a professional car repairer for which i could have got done at trade.hence everyone Happy they have there car fixed.i would have paid for the same or less than my access on insurance,but would not ,lose no claims bonuses.
basically he did everything sneaky.never ever came to see me to resolve this matter as i have explained on the above..and then decided to get it repaired with his insurance company for which he paid the first 300 pound access on his insurance hence the the invoice of around 900 pound for the repair of the car.......but the CCJ never came to me.it ended up at someone else address.where they had to prove they live there with there ID...so again i have had no chance to contest this,and now the bailiffs have come and stuck a notice on my Parents Caravan Holiday Home...for which on both accounts i am not there being i am living outside of Europe and not back till June to the UK. so its now from 900 pounds to double that now...also if he paid the fist 300 pounds access for the repair of the car.is that not down to him for doing this..so for example OK i give him is 300 access back,but his insurance covers the extra 600 pound plus being the CCJ sent to wrong Address surly common sense prevails in starting the situation off from the beginning again??
User avatar
By TalbotWoods
#463993 Hi

You MUST let the insurance deal with the claims from the other side, as you are already seeing these are much much more than you expected.

If you have NOT received a CCJ before now you can apply to have it set aside, and this is now you ONLY option.

He other persons solicitors acting on their behalf may well contend this, and as soon as you have had it set aside they may well apply for a new one.

Be aware that this is a matter that should and must be dealt with via the insurers. As it is, they may have proceed into court obtained the CCJ and registered as being uninsured, which may make it vary very difficult for you to obtain any further insurance in the UK.

Please use the links below to get a CCJ set aside.

The N244 (Application Notice) can be found here:

http://hmctsformfinder.justice.gov.uk/c ... 44-eng.pdf

The N244 must be sent to the court that ISSUED the original CCJ

The guidance notes can be found here:

http://hmctsformfinder.justice.gov.uk/c ... es-eng.pdf


Tim
By leo
#464003 Hi Tim.
Thanks for your reply.so whats do you think my chances are in setting aside this CCJ.being its correct it was sent to the wrong address.plus is it advisable to explain i wont be back in UK till June,so be it someone represent me before then or ask them to wait till i am back?
also you mention useing my insurance being i was insured at the time..is there still time to do this or may it be to late?
User avatar
By TalbotWoods
#464103 The N244 is a form you submit to the court, and on that you JUST tell them why you want the CCJ set aside. In this case the CCJ was served on an address you did not live there, so as a result you were not able to defend it.

But be aware that IF the address given is an address you notified the other party off, or is an address you lived at in the past, then it is possible the court will refuse the set aside.

Insurance can be used at any time afterwards, as sometime a claim may not be made against you for many months or even years after the incidence. The only thing that matters is that it was in force at the time.

Tim
By nomlas
#464133 leo; to summarise: - YOU blew the horn at her. YOU then run up the back of her. YOU then became very angry. But YOU feel that it it was SHE who was guilty of driving without due care an attention.

It must of been quite a shock that her Husband was so unreasonable :roll:
By leo
#464143 Well how come he did everything sneaky.from not calling at my Garage to checking me out through the phone book..and also try to make extra money by seeing the car repairer from his side.i was prepared to get the car fixed at a professional Garage repairer.to save paying access and losing no claims.so do you call that unreasonable also?hope it never happens to you!!!