Satisfied CCJ help!

no_money_4

Hi hope someone can help...

Basically the story goes, i got a ccj put on my name through no fault of my own, it was because of a car accident i had back in 2001. I admitted fault and everything went through fine (third partys vehicle fixed etc) . Then in 2005 i recieved court letters saying i owe money to the 3rd party insurers (i assume my insurance company didn't settle the claim fully). I forwarded these letters to my insurance company who assured me they would sort this out .. i continued recieving these letters and kept forwarding them to my insurance company who assured me they were sorting it... Anyway i eventually got a letter from court saying i have had a ccj put on my name. Even after this i was continously contacting the claims company who had taken over the debt (the original insurance company had gone into administration) and they constantly said they will sort it. Eventually the debt was paid and the CCJ was satisfied, however this doesnt help me much as now i still have a CCJ on my file albeit in a state of satisfied.

Now my question is, is there any way i can apply to the court to get this completly removed? I am always carefull with my debts and always ensure i pay on time, so i feel this CCJ is very unfair, especially as it was in no way my fault .

Any advice appreciated, i dont want this Satisfied CCJ on my file stopping me from getting a decent value mortage in the future

fermi

Have a look through the reasons and procedures that allow you to have a CCJ set aside.

Link: Factsheet | How to set aside a judgment in the County Court

Because you received the court papers at the time and failed to deal with them, then I'm not sure that you would have sufficient grounds. But it would be worth taking some free professional advice on that.

no_money_4

Thanks for the reply.

I realise that i recieved the court papers in time however i was sending these straight to my insurance company who responsibilty (at least i thought) it was to deal with these? Will the court not look at the fact that i was doing everything i could to deal with the claim and it was my insurance company who was negligent?

fermi

If the claim was addressed to you, then I'm not sure that in this case the legal responsibility for dealing with it doesn't stop with you as well.

The court may well consider it, but I'm not sure.

That is why I would suggest giving National Debtline (the authors of that factsheet) a call tomorrow if no one here can be more definite.

Balich_2

Hi,

I am in exactly the same boat as no_money. It would be nice to hear from no_money on the result of his apeal for Set aside judgement. That is if no_money submitted an application to court. Please let us know

I plan to contact my insurance company/their solicitors and request a letter from them stating reason for delay in payment. I will send this letter in support of my application for set aside judgement.

I wonder if i can take insurance company/their solicitors to court for delay which resulted in CCJ against me? That is if Set aside judgement will be refused by the judge.

In my case i have informed my insurance company straight after accident. They have also advised me to send all of the correspondence to them in a letter. the court procedings against me 2 month after this letter. I therefore simply sent the documents and was reassured a number of times that the solicitors dealing with it.

It is only this month i found out that i have a CCJ against me :mad:.