Defendant in an infant settlement.

[picklepepper]

I would appreciate ANY advice anyone could offer me in this situation as I've reached a dead end on my own, and it's making me sick with worry!!

In the last week I have received a small bundle of mail which has kindly been forwarded by the new owner of my previous address, and in there was a 'notice of infant settlement' dated around 6 weeks ago, naming me as a defendant. There are no details whatsoever in there as to what on earth the claim is for. Also in the mail is a second letter from the court stating that the hearing has been heard, and it is ordered that the defendant (I.e. me!) is to pay over £2500 and costs to the claimant by the 19th June. Again, there is no hint as to what this is all about. It is definitely addressed to me, though there is a small error in the spelling of my name, and it has gone to an address that I haven't lived in for more than 4 years, but luckily I left a forwarding address when I moved house.

Now, I obviously have a lot of problems with this. I've tried to do some investigation today, and called the court, who wouldn't tell me anything but gave me to name of the solicitor used by the claimant. I called the solicitor, who would give me no information, but said that I should get in touch with my car insurance company (and I think that only slipped out as I was being quite insistent that he advise me on what to do since no one will give me any indication as to what this is about).

From that, presume that this claim is from a car accident. I hav only ever had one car accident, about 5 years ago, when I (in my old fiat punto) went into the back of some bloody big thing that had a spare wheel with hard cover, making a dint in my bonnet and not so much as a smudge of red pant on theirs. Anyway the man driving the car made a claim pretty much straight away, that was sorted and I've heard nothing since....until now... I think. Does it seem likely that this claim could be from an accident 5 years ago?? And with the letter saying that the defendant is ordered to pay, would this still be paid by my insurance company? I presume they don't expect me personally to pay it? I do not have that sort of money, nowhere even near, so how does that work? This is all presuming that it relates to the accident I'm thinking of, of course.

I am completely flummoxed, and I've got an awful sick feeling in the pit of my stomach. I do not have this money, I simply cannot pay it. I equally do not want a CCJ on my record, or any black marks on my credit rating... Or anything awful like that relating to debt. How can the just happen out of the blue?!

[RedHelenB]

Ring up your insurance company & forward everything to them (keep copies for your own records) Was there a child in the car do you know?

[picklepepper]

I think that there was a young girl, about 9 years of age in the car. I've written a letter and copied the court letters to send to the insurance company who I think I was insured with at the time.... But again, I can't be sure that it definitely was that insurer, I haven't kept the policy documents from that far back. So frustrating!

[phnarphnarphnar]

It's called a subrogated claim (your insurer is acting as you as you were the driver). Your insurer will pay. The matter has been settled (between your insurer and the Claimant) and the court simply needs to approve it as the Claimant is a child. You won't have pay anything.

This is if it is the accident you refer to. If not, it may be a fraudulent claim (but again, your insurer will pay) but I would still try and get answers from your then insurance co.

[Boomboomboomboom]

definitely call your insurance company first. An infant settlement normally only arises where the Defendant's insurance company ,or indeed a defendant in person, have accepted liability and agreed a settlement sum, which goes to the court to have it checked and rubber stamped.

A contested claim, or an undefended claim (because you didn't know about it) wouldn't be called a 'settlement' AFAIK because the case hasn't been settled.

if your insurance company cannot help, you need to apply to set aside the Judgment. Where was the claim 'heard'? Go to that court and tell them that you want to set aside a Judgement. The form will then require you to fill everything out so state:

1. I have only discovered this claim as a consequence of documents being forwarded from an address that I last lived at 5 years ago.
   
2. I never received the original claim or notice of hearing so I have no idea what the claim is about but certainly have not engaged in any activity in the last 3 years or so that might lead to a personal injury claim.
   
3. anything else you think is relevant.
   

Most PI claims have a three year limitation period so it seems unlikely that it relates to the car accident 5 years ago.

Normally there is a fee to pay to set aside judgment (possibly £110).

Normally the court would list it for a hearing to determine your application.

HTH

[bico]

The three year time limit only applies in respect of the time in which proceedings must be commenced, not the time within which those proceedings must be concluded.

[Suttyshotty]

The three years limitation does not apply to cases involving minors so it could be this accident, check with the court, settlement can be made without judgment being entered.

[picklepepper]

Oh I KNEW the wise people on MN would know where to go next! I spoke to the local CAB this afternoon, and he suggested writing to the solicitor acting on behalf of the claimant, the court, and my insurer, telling them all that I've no idea what this is about, and if it is the accident that I think it is then they should contact the insurance company (with details of the company I think I was insured with). So is this a good idea? Letters are written and in envelopes, ready to be posted... But will it make a difference?

Let me get this straight, I should first try to get some info from the insurance company (tried this once today and they couldn't find anything, but I'll try again), and then go to the court and tell them I want to set aside a judgement?

And you definitely don't think I'll be chased for this money and have no other nasty consequences?

You ladies have saved me from a sleepless night... I can't thank you enough.