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My daughter's previous insurer didn't notify her of a CCJ against her - should they indemnify her?
My daughter was involved in a minor supermarket car park incident three years ago. She denied responsibility at the time, which her insurers (Direct Line) seemed to accept, and the incident remained on file dormant since nothing more was heard from the third party. She has now been informed by the third party solicitors that the third party has obtained a County Court Judgement against her in default of settlement of a claim made. Since the incident, our daughter has changed insurers and has changed address and never received any notice of claim, and so could not make any response within the time, hence the judgement in default. A copy claim notice was apparently sent to Direct Line, but they failed to contact our daughter despite having her current contact details. Can she now insist that Direct Line indemnify her for their failure to make contact and can she have the CCJ set aside on the basis that she never received a copy?
Asked on 19 April 2018 by Peter Lawley
Answered by
Honest John
You need to send all correspondence to Direct Line. You would need to speak to their solicitor to ask for them to apply for the judgment to be set aside. If i was you, I would seek advice from a solicitor that you arrange, as you will need to make an application to the court for mitigating circumstances in not responding to any writs. Then ask for an appeal against the case.
Direct Line is clearly at fault here, they should have responded to the third party. My guess is that the third party solicitor did the claim directly in your name. Ask the third party for proof of correspondence they sent to Direct Line. Once you have this, raise a complaint with Direct Line and insist they provide indemnity.
Direct Line is clearly at fault here, they should have responded to the third party. My guess is that the third party solicitor did the claim directly in your name. Ask the third party for proof of correspondence they sent to Direct Line. Once you have this, raise a complaint with Direct Line and insist they provide indemnity.
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