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I had a car accident in 2008 which resulted in a personal injury claim which dragged on until it was finalised in court in nov 2014. As I was unsucessful in the claim I was ordered to pay the defendants cost's. I have hear nothing since the case was closed until a few weeks ago when I was sent a default cost certificate for £130,645. I am a single mum with 4 children under 13 and i have no way whatsoever of paying this debt whatsoever. My obvious solution is to file for bankrupcy, but I don't even have the funds to pay to go bankrupt. My Question is can the solicitors act on this default cost certificate and send bailiffs straight away or would they have to apply to the courts to obtain a county court judgement and then pursue me for the debt? I am just trying to work my options out as I know if I can get through till January I would be able to save the money I need to file for bankrupcy and also try to put a little aside for when my bank accounts get frozen etc etc
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Re: Default cost certificate been served on me - advice needed please
Hi catlady,
sorry but I have no idea how these things work, hold on and i will see if anyone else can help.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username. -
Re: Default cost certificate been served on me - advice needed please
Where were the insurance company who no doubt advised you to seek a personal injury claim? We're you not covered for costs via your insurance?I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Default cost certificate been served on me - advice needed please
I should have been covered under a no win no fee, but as an allegation of exaggeration was made they are refusing to pay out (there was surveillence evidence) They did not prove this exaggeration but the insurance are refusing to pay outComment
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Re: Default cost certificate been served on me - advice needed please
have the police been involved for fraud? If not, I can't see how the insurance company can walk away.Comment
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Re: Default cost certificate been served on me - advice needed please
No, they didnt even plead fraud. I am more concerned at the minute worrying if I am going to get bailliffs at my door :-(Comment
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Re: Default cost certificate been served on me - advice needed please
So what exactly did they win on at the court hearing? I'm a bit confused as refusing the pay and finding they are not liable are two different things.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Default cost certificate been served on me - advice needed please
Earlier on in the case I had been offered £30,000 which my solicitors told me to reject as the case was worth more. On the day in court I was only awarded £9,000 so I then became liable for the solicitors costs from the date of the offer of £30,000Comment
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Re: Default cost certificate been served on me - advice needed please
If you have proof that they told you to reject the £30k, then it's their fault as you were ill advised.Comment
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