MIB court claim - need advice

[jj69]

The courts going by other comments are in a mess. Is there a way of doing the acknowledement online for this court, just to make sure ?

 

If not it may be wise to phone the court again later to see if they will make a note, that you did send them the acknowledgement on 28th Feb, so they should have it. You are a co defendent, so the MIB will have done the same I am sure.

 

Just noticed I can send via email address so thats the first step.

I forgot about the MIB thanks for that , will check to see if their AOS has been submitted.

[jj69]

MIB have not submitted AOS and MIB solicitors not been in touch which is a little strange ! Anyway downloaded doc and scanned onto PC , then emailed over so certainly should have it now.

Wondering if MIB are going to let it go and pay out ?

[jj69]

Hi All..

I have received a court order/judgement letter today from local court

asking for payment of £7000 by the 14th October in relation to accident a couple of years back where I was at fault.

 

There was an issue with my car insurance not being in place correctly which is another story

but it looks like the claimant has successfully got a court order for injuries with myself not being correctly insured.

 

It has me listed as 1st defendant with no ref and MIB as the 2nd with a ref and just states that defendant must by 14th October.

 

Does this mean that MIB is being forced to pay or both of us ?

 

As it is the weekend I can't get in touch with court but

have not received any correspondence in defending this in court

so can I overturn this or dispute the amount to pay ?

[jj69]

Sorry just to add I did send Order of Acknowledgement and to defend claim a few months back but heard no further from court

[citizenB]

When you receive a claim, you have a timeline as follows..

 

Date of issue of claim XX + 5 days for service = ?? + 14 days to acknowledge claim = ?? + 14 days to submit a defence = ??.

 

You say you did send the acknowledgment, but did you submit a defence ?

 

If so, I fail to see how a default judgment has been obtained, which this appears to be.

 

Do you know if MIB also acknowledged and submitted a defence ?

[jj69]

When you receive a claim, you have a timeline as follows..

 

Date of issue of claim XX + 5 days for service = ?? + 14 days to acknowledge claim = ?? + 14 days to submit a defence = ??.

 

You say you did send the acknowledgment, but did you submit a defence ?

 

If so, I fail to see how a default judgment has been obtained, which this appears to be.

 

Do you know if MIB also acknowledged and submitted a defence ?

 

 

 

Hi !

Yes submitted a defence but got no further correspondence to attend court. I don't think MIB have acknowledged ! I can't contact them until Monday now

[citizenB]

It might also be a good idea to speak to the court and establish why no further paperwork was sent to you (or if it was and you didn't receive it)

 

Once a defence has been submitted, the natural progression is that the claimant advises the court they want to proceed and the claim is then sent to the defendant's local court for further action. Which would have been - A Direction Questionnaire which you would have been required to complete and return - then a court date.

 

Was this an MCOL (Money claim online) claim or did it come from a court proper.

 

Did you file your acknowledgement and defence online or by email/post ? If by either of these did you obtain read receipts or delivery receipts ?

[jj69]

It might also be a good idea to speak to the court and establish why no further paperwork was sent to you (or if it was and you didn't receive it)

 

Once a defence has been submitted, the natural progression is that the claimant advises the court they want to proceed and the claim is then sent to the defendant's local court for further action. Which would have been - A Direction Questionnaire which you would have been required to complete and return - then a court date.

 

Was this an MCOL (Money claim online) claim or did it come from a court proper.

 

Did you file your acknowledgement and defence online or by email/post ? If by either of these did you obtain read receipts or delivery receipts ?

 

I did not get a court date and all documentation sent by post.

It came from court no MCOL !

If I have researched correctly than MIB pay out and I then have to reimburse MIB.

[jj69]

My post is terrible for deliveries plus working away for days at a time I don't have time to chase up down the local sorting depot !

[unclebulgaria67]

Find out from the court on Monday what has happened and then report back here.

 

If you submitted a defence, you need to know what happened to it. Some of the county courts are in a mess and it is possible that a default judgement was entered against you, because the court messed up.

 

The MIB would pay the third party and then the MIB would expect you to enter into a repayment arrangement with them. But you have a right to defend the court claim.

[jj69]

Find out from the court on Monday what has happened and then report back here.

 

If you submitted a defence, you need to know what happened to it. Some of the county courts are in a mess and it is possible that a default judgement was entered against you, because the court messed up.

 

The MIB would pay the third party and then the MIB would expect you to enter into a repayment arrangement with them. But you have a right to defend the court claim.

 

 

 

So on my credit file it will show as a CCJ now ? Any chance I can get this removed ?

Yes defence submitted and I am guessing I should have received a court date to defend but as stated nothing has been sent.

If payment has been made to 3rd party how can I possibly submit a defenc now after judgement has been made ?

I also need to confirm with MIB if they have sent payment.

[citizenB]

Did you mail your defence using a tracked method - that way you can check if it was received. Did you put a "return to sender" address on the back of the envelope ?

 

I think if you pay any judgment debt up to 28 days after then it isn't recorded anywhere after 28 days and it will be recorded on trust online and your credit file.

 

http://www.trustonline.org.uk/search-yourself

[jj69]

I believe I did sent it with proof of posting ( need to find receipt ) but did not have return to sender address !

Unable to pay that amount in one go so when is the CCJ likely to hit credit file will it be after 28 days ?

[unclebulgaria67]

I believe I did sent it with proof of posting ( need to find receipt ) but did not have return to sender address !

Unable to pay that amount in one go so when is the CCJ likely to hit credit file will it be after 28 days ?

 

The CCJ is registered on your credit record 28 days after judgement, unless the claimant confirms to the court that they have received full payment within the 28 days allowed.

 

Your next step is to phone the court Monday to find out what they did with your defence. They can cancel the default judgement if a mistake has been made and then it will move towards a hearing to decide on things.

[jj69]

The CCJ is registered on your credit record 28 days after judgement, unless the claimant confirms to the court that they have received full payment within the 28 days allowed.

 

Your next step is to phone the court Monday to find out what they did with your defence. They can cancel the default judgement if a mistake has been made and then it will move towards a hearing to decide on things.

 

 

 

Thanks for the advice so far , yep first thing Monday is a call to the court ! Hopefully I can get the CCJ removed and get a date for another hearing.

[Ganymede]

Thanks for the advice so far , yep first thing Monday is a call to the court ! Hopefully I can get the CCJ removed and get a date for another hearing.

 

Hi, please can you copy and paste the Defence you submitted (less identifiable details).