CCJ incurred thru insurers error

Quentin

No.

Once a ccj is issued, the only way to automatically (ie without going through and winning a "set aside" hearing) prevent it being registered is to settle it within a month. After that all judgements are entered in the register and held there for 6 years (whether or not they are paid).

Tozer

So have the insurers now satisfied the judgment (within the time period)? If so, there is no issue.

Quentin

See the op:

I have a CCJ against me as a consequence of my insurers failure to act, as a result I cannot get the credit I need to furnish an apartment I'm buying

And subsequent post:

The credit agencies need my insurers to clear the CCJ first and I've already been turned down for credit before I realised this was a problem

Tozer

Pretty surprised that the insurers solicitors missed the defence, missed the judgment, failed to set aside (now undoubtedly too late and not cost-effective) and failed to discharge the judgment.

Quentin

It happens. You only get 14 days to enter a defence - and the summons would first be issued to the op, who in turn would have forwarded it to his insurer.

failed to set aside (now undoubtedly too late and not cost-effective)

Why do you say this? In cases of judgement by default it is a regular remedy. (Judgements go astray etc - the court just send them via normal snail mail to the defendant)

cogito

and the summons would first be issued to the op, who in turn would have forwarded it to his insurer.

Not if the OP had authorised his insurer's nominated solicitors to accept service on his behalf.

Quentin

Correct.

We don't know the full circs - I was just trying to point out how ccjs in default are easy to get because of the tight time schedules (and the chance that documents get lost).

Annoyingly it does take much longer (weeks/months) to arrange a set aside hearing for a quickly obtained ccj in default.

Tozer

Not applied to set aside a judgment for years. But I seem to recall that delay in applying (there must have been at least 6 weeks which have passed) is one of the crucial aspects.

Quentin

It takes longer than 6 weeks to arrange a hearing!

From what the op says, it's in hand:

I've also contacted my insurers and I expect the CCJ to be removed

Tozer

Not to make the application though. In our local County Courts hearings like this are brought on within a few weeks.