Really upset, need some advice

loverington

I got my £2 staturory credit report today and it says i have a ccj for £490! Now I had a car accident back in july 2008 that was my fault but as i'm fully comp, Swift were going to sort it, so seeing this on my report is a huge surprise. I rang up the court who said they havent receieved a certificate of satisfaction form the solicitors so cant remove it(if it was paid within 28 days) or mark it as saitisfied. So I rang the solicitors and the case file handler isnt there today, next port of call Swift.... they said they paid £490 in July 2009 so it shouldnt be there. Is this likely to be removed? surely this shouldnt be a ccj? after all thats what I pay £500 a year for to be fully comp. Myself and my husband were thinking of applying for a mortgae in the next few months so am absolutley devastated that I have a CCJ that isnt down to me.

Any advice at all would be greatly appriciated.

Tixy

Did you receive court papers? what did you do with them? Sounds like you may be able to get the judgement set aside, or if you can prove the payment was made in 30days of the judgement then it should not appear. Do you know the date of the CCJ?

loverington

I got the court letter and sent it straight to Swift as thats what they told me to do. As for proving if it was paid within the 30 days I havent got a clue, Swift are saying they paid it in time but the court is saying they havent had anything from the solicitors to say it was paid in time. If it was set aside does that mean it will show as I have never had a CCJ? I just cant believe Swift can play with peoples futures like this.... If it isnt removed then I will have to live with this for 6 years wont I??

GeorgeUK

I would suggest contacting the credit reference agencies to get a note put on your file about this. This will also flag up to any automated credit search that manual intervention is required for the check.

Tixy

Yes if you managed to get it set aside it would be as if it was never there, but to get it setaside it not easy (as you obviously were aware of the legal action if you received the court papers) and if you are working there is a fee to pay to do so anyway.

I'd say wait for swift's response first. What is the date of the CCJ? was it jun/july 09 or earlier? (as they say they paid in July).

At the very least you need to get a notice of satisfaction to show its a paid CCJ.
If the worse comes and you cannot remove it you could add a notice of correction to your credit file to say this related to an insurance claim and the judgement was settled late by the insurance company. (it might help a bit)

Sorry - i've no idea where you stand with a complaint to swift if they did not act as they promised - or as quick as they could have done.

bargainbetty

Have another chat with Swift, and get them to send you something in writing confirming their status on this. Then call the solictiors concerned, and explain to them that their failure to complete that section of the process has adversely affected you, your credit rating and your legal standing, and is in direct breach of the code of conduct and the Solicitors Accounts Rules (SAR is taken very seriously). Explain to them that not only will they produce the certificate within 24 hours, you also hold them personally responsible for the CCj being awarded against you, and therefore you expect them to contact the court and have it set aside/completely removed, without further charge or inconvenience to you.

Mention the censure they would face should you report it to the Law Society as a breach of the Code of Conduct (which it is) and I am sure they will start to fix things. Get an email response from the Senior partner in the Insurance department confirming the action that will be taken, and hold them to every heartbeat of it.

Any questions, PM me..... used to work for solicitors, might be able to find other inroads....

Good luck x

loverington

Thanks everyone, I managed to get hold of the solicitors and they confirmed that the judgement was paid in time and they will get hold of the third party (???) to send them on the certificate of satisfaction which will then be passed on to the court. So I think this means that I no longer have a CCJ??

RobertoMoir

loverington wrote: »

Thanks everyone, I managed to get hold of the solicitors and they confirmed that the judgement was paid in time and they will get hold of the third party (???) to send them on the certificate of satisfaction which will then be passed on to the court. So I think this means that I no longer have a CCJ??

I think this means that while you might not need to follow betty's advice to the letter, the overall strategy of making it the solicitor's problem to correct and monitoring them until they do is a good one.