Need advice re CCJ

Madgem

Last year I had a very minor collision in my car. Swapped details with the other driver (company car) and informed my insurance company. I admitted fault as I hit a patch of black ice and used the other vehicle to bring myself to a 'controlled stop'. Only damage to the other vehicle was minor scratching to the bumper.

Insurance company received a claim from the other party for what I considered were excess costs. My insurance company said they would rather settle the claim than incur more costs. Fair enough.

Six months later I received a court notice saying as I hadnt settled the claim (?) they were taking me to County Court for claim amount plus additional costs. Again passed all information to my insurance company who said 'dont worry we will deal with it'.

Court date came and went and I heard nothing more. That was 7 months ago.

Last week I received a letter from my bank saying they were not reissuing my debit card and my preferred overdraft would no longer be available. I called in to a branch to speak to them. I was told that I had a judgement against me.

Came home went online and checked my credit report. Sure enough a CCJ was issued against me 7 months as I had not settled a claim from the company who's car I had hit :eek:


Called my now ex insurance company. They had attempted to settle the claim the week after the court hearing BUT they wrote the cheque out to the wrong name :mad: Opposing company let them know it was incorrectly written 2 months later. Ex insurance company re wrote cheque in the correct name, opposing company cashed it but didnt tell the court it had been satisfied.

I wrote to the company involved asking that they please add all circumstances regarding payment/settlement in a letter to the court and they have refused. The only settlement notice they will give is for the date the second cheque cleared.

My ex insurance company have said they will refund the cost of a 'certificate of satisfaction' - £15.

I have been advised today that I will have to put an N244 to the court to see if this judgement can be set aside - £75. I have also been advised to seek specialised legal advice - may as well write a blank cheque!

I am :mad: :mad: :mad:

This has affected our standing with the bank, my wife's business due to association etc etc

Having never had any blemishes on our credit reports we really dont know what to do next.
Should I add a notice of correction to my file?
Why the heck do I have to pay for all this when it is completely my EX insurance company's fault?

penguin83

Hi Madgem - sorry to hear about the problems you are having with your old insurers - unfortunately this situation is quite common. The insurance companies tell you to forward on any court paperwork to them and they will deal with it - they then dont do what they should in time meaning you end up with a judgment.

Speak to the insurance company again - they can get their solicitors to draw up a consent order if the other side agree to sign it stating they have no objections to the judgment being set aside. This costs £40.00 (your insurers should bear the costs - if it was their delays that caused the problems).

If the claimants solicitors wont agree to signing it then the insurance company should be making the application - again with them bearing the costs.

Really hope you get this sorted but it will most likely take a lot of phone calling and chasing to your insurers unfortunately x x

Good Luck x x