CCJ because of Direct Line's late payment of insurance payout

Stafford28

Please help me. In July 2007, I was involved with another car in an accident. My insurer was Direct Line. Unbeknownst to me, the other people in the accident were making a claim for personal injuries. I only found this out when I had 2 letters come through from Basingstoke County Court saying I would be taken to court if the payments were not made. This was February 2008. I rang Direct Line and eventually discovered that they had been late in sending the cheques and that it would all be sorted out. A couple of weeks later, I received 2 more letters from the court saying that I would have a CCJ against my name if the payments (plus late fees now accruded) were not payed. I again rang Direct Line, who said that the cheques were in the post and it was all sorted, they had spoken to the representative of the claimants. I was in the process of moving into my own home, I never heard anything else (I moved out from my mum's so would've known if there was any further post). I chose not to renew my car insurance with Direct Line and to be honest, I was a bit naive believing that everything was sorted out.
Present day, I decide to check my credit report and see that there is a CCJ against my name that has no date satisfied against it, and £603 outstanding. This is because of Direct Line. What can I do? Please help me as I don't want to have this against my name for the next 6 years, I'll never get anymore credit
All advice greatfully accepted )

GeorgeUK

I would contact National debtline and see what they say about it. You should have possibly entered a defence when the court letter came through, but you may be able to have this set aside.

Nilrem

I would contact Directline (even if you're not with them now), and politely tell them what has happened as a first port of call, as it was their responsibility to get it sorted, and that responsibility continues long after you stop using them for anything that happened whilst you were with them.

IIRC it's more common than it should be for Insurance companies to have this happen, so they should have specific procedures to deal with it, and it is the insurance companies fault, so they have a responsibility to help deal with it.
I saw a similar thread on the 5ive-0 forums where a mod (insurance guy), reckoned there shouldn't be too much trouble getting it sorted.

Nomoneytospendexpert

This has just happened to me; you need to do this.

1. Copy and pass all CCJ documents to your insurance company, they must apply for set aside immediately.
2. Ring the County Court and tell them what you are doing and why?
3. Ring the claimants solicitor and only tell them you have received the CCJ documents and that you are passing it on to your insurance company (get the name of the person you talk to, time and date), do not enter into any other correspondence with them, you are not a solicitor and do not want to make yourself liable for anything - that's what you paid your insurance premium for.
4. Get the name and telephone number of the case handler from your insurance company dealing with your CCJ.
5. Ring and email the case handler and request daily updates by telephone and email on the progress from them to you at the same time every day i.e. 11:00.
6. Confirm any telephone conversations with your insurance company by email the same day.
7. Make sure that your insurance company is aware that you will later need a letter from their solicitors explaining how this has come to be so that you have supporting documentation against the cancellation certificate which will be issued from the court on your request.
8. Ensure that on settlement you receive a certificate from the court confirming cancellation of the CCJ - there will be a fee for this which if i was you I wouldn't expect to pay, I would expect it to be reimbursed from my insurers.
9. Make sure you speak to your insurers Customer Services dept now and lodge an initial complaint for their and yours records; you can follow up with a formal complaint when everything is sorted out and your records are straight.
10. Make sure that you have told your insurance company that you will on completion of the case need to receive a letter describing the cycle of events etc that have occurred from the time of your registering the accident.
11. Make sure you keep a diary of everything that has and is happening with names, times and details of correspondence as it happens; don't write it down later you will get it wrong.
12. Do not let off the pressure, keep onto them every day, this is serious stuff which you need to cover yourself for incase it goes to court - you will not be able to accurately remember everything; write it all down as it happens.
13. Also, for back up contact the Financial Services Ombudsman; explain what is happening and get your enquiry reference number from them and request that they send you an FSO Complaints Form. If at the end of everything you do not get a satisfactory answer from your insurers you can pass on the whole case history start to finish to the ombudsmen and they will follow it up for you and if they consider the outcome inappropriate get one that is.