Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • debtout
    • By debtout 28th Sep 17, 7:18 PM
    • 26Posts
    • 2Thanks
    debtout
    Ccj possibley due to car insurance claim please help.
    • #1
    • 28th Sep 17, 7:18 PM
    Ccj possibley due to car insurance claim please help. 28th Sep 17 at 7:18 PM
    Long story but here goes as worried sick. Just received a letter stating "judgement for claimant" and low and behold checked my Credit file and have a ccj. The ccj letter states its from transport of London and the only thing I can think of is the accident I had in December 2016,when my car failed to stop and I hit a traffic signal pole in London. I claimed on my insurance and they initially advised me the claim was worth about 2700. I had nothing again following the accident until today when the ccj turned up, giving me 30 days to pay out 3.8k. I then started retracing my steps as by this time the insurance company is shut son had nothing to work on. I discovered that my no claims bonus letter had an amount of about 6.735 as the total insurance claim and yet when I asked the amount of the claim a few months ago they stated it was 2700 and have this via email. The ccj letter also states I owe 4.076 minus the 404.67 which I have already paid and yet I never actually paid anything directly myself which made me believe it should be the insurance claim. When I add the initial claim cost they gave me of 2.700 and the 4.076 on the claims letter it's near to the £6,735.84 which my no claims letter came as showing the full amount of the claim.

    So now what do I do as worried till I get in touch with the insurance company tomorrow and court to establish what this is. I have also recently moved from the car insurance company involved in the claim to a new company and will this have an impact. I did however disclose the accident to my new insurance company. Please help!
Page 1
    • zx81
    • By zx81 28th Sep 17, 7:22 PM
    • 14,401 Posts
    • 15,197 Thanks
    zx81
    • #2
    • 28th Sep 17, 7:22 PM
    • #2
    • 28th Sep 17, 7:22 PM
    This is far too complicated for us to be guessing at.

    Speak to your insurance company tomorrow.
    • tastyhog
    • By tastyhog 28th Sep 17, 8:57 PM
    • 186 Posts
    • 277 Thanks
    tastyhog
    • #3
    • 28th Sep 17, 8:57 PM
    • #3
    • 28th Sep 17, 8:57 PM
    forward it to your (old) insurance company and follow it up every day, even multiple times a day until they settle it, also put in a complaint regarding them not fully settling the claim and seek some compensation on your part for their error.

    it's strange how you haven't got any claim forms though, if the insurance company wasn't paying they should have lodged a claim at the court in your name, your insurance company would then indemnify you.

    but to buy some time you could apply to have the judgement set aside if you didn't receive the claim forms.
    Last edited by tastyhog; 28-09-2017 at 9:01 PM.
    • debtout
    • By debtout 28th Sep 17, 9:34 PM
    • 26 Posts
    • 2 Thanks
    debtout
    • #4
    • 28th Sep 17, 9:34 PM
    • #4
    • 28th Sep 17, 9:34 PM
    forward it to your (old) insurance company and follow it up every day, even multiple times a day until they settle it, also put in a complaint regarding them not fully settling the claim and seek some compensation on your part for their error.

    it's strange how you haven't got any claim forms though, if the insurance company wasn't paying they should have lodged a claim at the court in your name, your insurance company would then indemnify you.

    but to buy some time you could apply to have the judgement set aside if you didn't receive the claim forms.
    Originally posted by tastyhog
    Thanks will call the insurance company first thing. It's all strange because someone am assuming the insurance company paid the 400 which is mentioned on the ccj as I did not. I also didn't receive any paperwork until now so am assuming whatever paperwork must have been sent to the insurance company. Will speak to the insurance company first thing and I hope they won't play me up as am totally livid at this whole affair. So if applying for set aside, it will be based on me not receiving any prior paperwork and the fact that someone obviously not me paid the 400 for which is mentioned on the ccj forms as I didn't pay that grr.
    • debtout
    • By debtout 28th Sep 17, 9:38 PM
    • 26 Posts
    • 2 Thanks
    debtout
    • #5
    • 28th Sep 17, 9:38 PM
    • #5
    • 28th Sep 17, 9:38 PM
    And then again not even sure if the debt is mine as I didn't pay transport of London 400,so really not great to have been convicted based on false pretense.
    • zx81
    • By zx81 28th Sep 17, 9:42 PM
    • 14,401 Posts
    • 15,197 Thanks
    zx81
    • #6
    • 28th Sep 17, 9:42 PM
    • #6
    • 28th Sep 17, 9:42 PM
    Don't worry. You haven't been convicted.

    A CCJ isn't a conviction and you won't go to the slammer for it.
    • StopIt
    • By StopIt 29th Sep 17, 8:43 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #7
    • 29th Sep 17, 8:43 AM
    • #7
    • 29th Sep 17, 8:43 AM
    And then again not even sure if the debt is mine as I didn't pay transport of London 400,so really not great to have been convicted based on false pretense.
    Originally posted by debtout

    You didn't, your insurance company likely did.


    They then dropped the ball, and because you're named as the person liable for the damage caused, you get the CCJ to pay for it.


    Get your insurance company to sort this out, then tell them to pay for the case to be set-aside as of course the entire point of insurance is to pay the claimants for damage when your car decides that it enjoys intimate contact with council property.
    • Tarambor
    • By Tarambor 29th Sep 17, 5:37 PM
    • 1,761 Posts
    • 1,208 Thanks
    Tarambor
    • #8
    • 29th Sep 17, 5:37 PM
    • #8
    • 29th Sep 17, 5:37 PM
    And then again not even sure if the debt is mine
    Originally posted by debtout
    It is. When you have an accident in your car a claim is made against you, not your insurance and are deemed at fault you are liable for the cost of damage to the other vehicle/object plus any other losses that are claimable (personal injury, hire car etc of the third party). What you pay for when you buy insurance is a policy to cover the cost of a claim, not liability.

    What your insurance company do in the event of an accident where you are at fault is deal with the person making the claim and pay out for that claim against you on your behalf. In the event that your insurance company don't pay out or drag their heels for a ridiculous amount of time then a claimant can continue to make a direct claim against you and enforce it in court.

    In your case because your insurance company have dragged their heels in paying out TFL have decided to claim against you directly which they are perfectly entitled to do. The CCJ is valid and the debt is enforceable and collectable from you with bailiff action should TFL choose so it is up to you whether you want to pay it out and recoup it from the insurers, avoiding the chance of enforcement action or pursue your old insurers to honour the payout through the policy you had with them but in the knowledge the bailiffs could turn up.
    Last edited by Tarambor; 29-09-2017 at 6:26 PM.
    • debtout
    • By debtout 29th Sep 17, 10:10 PM
    • 26 Posts
    • 2 Thanks
    debtout
    • #9
    • 29th Sep 17, 10:10 PM
    • #9
    • 29th Sep 17, 10:10 PM
    So rang the insurance company and they asked me to send the ccj letter and they will sort this out. Unbelievable to say the least. They only paid 404 instead of the required £4k which was needed, so will chase them up daily to ensure they pay and get this taken off my file. So after they have paid the amount in full how do I ensure this is taken off from my file?
    Also much to my surprise about this issue, is the fact that when I hit the traffic pole, the chap who came to fix it literally yanked it back in place and he walked away. Not sure how this came to 4k at all to be honest.
    • Marktheshark
    • By Marktheshark 29th Sep 17, 10:21 PM
    • 5,697 Posts
    • 7,166 Thanks
    Marktheshark
    Escalate this immediately to the insurance companies complaints team and as for a deadlock letter if they do not want to deal with it.
    Do not trust them blindly to sort this out, inform them this will be your course of action.
    You only have 14 days of you have a CCJ on your credit file for 6 years.
    You need a plan and implementation schedule from the insurance.

    Inform them that if it is not settled in the timescale and becomes set you will issue a N244 Form to reset and counter claim the CCJ from the idemnity which is your insurance.
    Brexit will become whatever they invent it to be.
    • debtout
    • By debtout 29th Sep 17, 10:28 PM
    • 26 Posts
    • 2 Thanks
    debtout
    Escalate this immediately to the insurance companies complaints team and as for a deadlock letter if they do not want to deal with it.
    Do not trust them blindly to sort this out, inform them this will be your course of action.
    You only have 14 days of you have a CCJ on your credit file for 6 years.
    You need a plan and implementation schedule from the insurance.

    Inform them that if it is not settled in the timescale and becomes set you will issue a N244 Form to reset and counter claim the CCJ from the idemnity which is your insurance.
    Originally posted by Marktheshark
    Many thanks. I intend to call them daily next week,to get this sorted out. So let's say if it's 6th October which is next Friday and they still haven't paid, do I then apply for a set aside using form n244?. I believe I would have to pay some money towards it but would it then buy time and instead shift the blame to the insurance company?
    • Marktheshark
    • By Marktheshark 29th Sep 17, 10:33 PM
    • 5,697 Posts
    • 7,166 Thanks
    Marktheshark
    I would if you need a clean credit file.
    Concealing the claim from you is very bad practice by the company solicitor and enough to get them struck off.
    You could have entered a defence of indemnity and batted it all out to the insurance company.
    Once it becomes set which is 14 days from the judgment the only way to remove the ccj is to file N244 and request a new hearing.
    Brexit will become whatever they invent it to be.
    • debtout
    • By debtout 29th Sep 17, 10:36 PM
    • 26 Posts
    • 2 Thanks
    debtout
    I would if you need a clean credit file.
    Concealing the claim from you is very bad practice by the company solicitor and enough to get them struck off.
    You could have entered a defence of indemnity and batted it all out to the insurance company.
    Once it becomes set which is 14 days from the judgment the only way to remove the ccj is to file N244 and request a new hearing.
    Originally posted by Marktheshark
    Thanks am getting a bit lost as usual. So should I give the insurance company until at least next week Friday to see if they will pay and if not then apply for a set aside? Also the ccj was issued on 21st September but only got the letter yesterday. I just don't want to be stung so need to think ahead thanks.
    • Marktheshark
    • By Marktheshark 29th Sep 17, 10:48 PM
    • 5,697 Posts
    • 7,166 Thanks
    Marktheshark
    If they fail to pay it within 14 days, you have a CCJ for the next 6 years.
    If they pay it after 14 days, you have a CCJ for 6 years.

    Can you afford to pay it on the last day if they dont then sue the insurance if they dont reimburse you ?
    Brexit will become whatever they invent it to be.
    • debtout
    • By debtout 29th Sep 17, 10:52 PM
    • 26 Posts
    • 2 Thanks
    debtout
    If they fail to pay it within 14 days, you have a CCJ for the next 6 years.
    If they pay it after 14 days, you have a CCJ for 6 years.

    Can you afford to pay it on the last day if they dont then sue the insurance if they dont reimburse you ?
    Originally posted by Marktheshark
    Is it 14 days or 30 days from date of issue? The letter states it was issued on the 21st September and it also states of its paid within 30 days, then I can ask the court to cancel it from the register?
    • debtout
    • By debtout 30th Sep 17, 12:44 PM
    • 26 Posts
    • 2 Thanks
    debtout
    Is it 14 days or 30 days from date of issue? The letter states it was issued on the 21st September and it also states of its paid within 30 days, then I can ask the court to cancel it from the register?
    Originally posted by debtout
    Should the money be paid in 14 or 30 days please?
    • tastyhog
    • By tastyhog 30th Sep 17, 11:52 PM
    • 186 Posts
    • 277 Thanks
    tastyhog
    Should the money be paid in 14 or 30 days please?
    Originally posted by debtout
    I think the poster has got confused.

    the 14 days is the time to reply to any claim form that gets sent to you before a judgement is made.

    you have 30 days to clear a judgement before it gets lodged as a CCJ and gets reported to the credit reference agencies.

    https://www.gov.uk/county-court-judgments-ccj-for-debt

    setting aside the debt - although this will just reset the process, which will ultimately lead to the judgement being made again against you because the debt is owed by yourself not your insurers and it is your debt, but in the usual course of events your insurer simply picks up the tab.

    This will cost you £255 (unless you claim benefits and the like) but you can claim this from your insurers, along with an additional sum for you because of their tomfoolery.

    https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

    i'd maybe give it 3 weeks from the date of the judgement for the insurers to settle it, phone your insurers and talk to the person handling your claim, there will be a specific person handling it, and give them this deadline because you don't want the CCJ to appear on your credit report etc.

    but don't worry about it, they will likely settle it as soon as they get the paperwork form you, it's just a slip up by the insurers, it happens all the time, but even if you do have to pay it, or it does appear on your credit file, it can be sorted out, because ultimately the insurer is liable and not you, it's what you pay your premiums for, despite you being named as the defendant.
    Last edited by tastyhog; 30-09-2017 at 11:57 PM.
    • debtout
    • By debtout 7th Oct 17, 7:42 PM
    • 26 Posts
    • 2 Thanks
    debtout
    Hello all been pressing the insurance company as worried due to the limited time I have. This is the most recent response

    Good Morning

    We are still investigating the matter, we have passed the claim over to our legal team to act, they picked the claim up on 03/10/17. They will be corresponding with the court and Third Party. Please allow them time to process.
    But once a defence is entered, no further action can take place on the judgement
    They will email or contact you as soon as we have an outcome.

    Yours faithfully R.

    Is this good enough and should I just give them time or I should be doing something else?
    • Quentin
    • By Quentin 7th Oct 17, 9:29 PM
    • 33,605 Posts
    • 17,504 Thanks
    Quentin
    you have 30 days to clear a judgement before it gets lodged as a CCJ and gets reported to the credit reference agencies.
    Originally posted by tastyhog
    No.


    A CCJ is registered immediately. (And the CRAs)


    If it is paid in full within the month following the judgement then it gets removed from the register (and subsequently the CRAs will remove it from your file)
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

489Posts Today

3,638Users online

Martin's Twitter
  • RT @bearface83: @MartinSLewis check out the @Missguided new 60% off offer. Upping the cost of items almost double to make us think it?s a?

  • RT @efitzpat: Thank you SO SO much @MartinSLewis for your Student Loans refund advice! I just got a grand refunded right before Xmas! Whoop?

  • Have a lovely weekend folks. Don't do anything (fiscally) that I wouldn't do!

  • Follow Martin