Car Insurance CCJ - Help!!

rlatarche

Back in 2006 I had a car accident and the usual thing happened no-one took the blame for the crash - this then went to court for which I was summoned.

The documents I recieved from the court arrived with only a few days before the court appearance. I contacted my car insurance company and they asked me to send in the summons and they would appoint solicitors to deal with it. (i was fully comp and had full legal protection).

Anyways I heard nothing for a number of months and then a CCJ dropped through my letterbox saying I had failed to pay the damages to the other insurance company.

Much tooing and frooing between my insurance company and the solicitors appointed to represent me in the case eventually led to the fact that the paperwork never made it in time to the solictors so they never turned up - as a result the damages were awarded to the other insurance company.

I immediatley got the insurance company to pay the full amount being asked by the court - and me being ignorant believed this was the end of it and I would have a CCJ against me for the next 6 years.

It was only when I went to rent a property in 2008 that a credit check was carried out and I was declined due to an unsatisfied CCJ on my account.

Again much tooing and frooing between the insurance company and the solicitors. Ending up in them requesting a certificate of satisfaction.

My credit report now shows the CCJ as being satisfied.

I then proceeded to try and get the solicitors to request the CCJ be set aside as this was clearly not my fault and I had done everything within my power to sort the damn problem out.

Apparently the request for the CCJ to be set aside was rejected by the other insurance company and the case was closed.

Another year passes and I decide to make a move from renting to buying and last year I bought my first house - however the interest rate is extremley high due to the CCJ and the value of it £2000.

I have read on several sites (Callcredit, Equifax) that a CCJ can be removed from your file if it relates to:

The courts will also allow a judgment to be removed if:

• It was paid within one month and a Certificate of Satisfaction or Cancellation has been issued
• An insurance company (related to the debt) is not paying a claim on time

Now I think I fall into both of these categories and that the CCJ be removed....

Does anybody have any advice because I would love for the CCJ to be removed from my file as its holding my scoring back massivley.

Also I have atriple credit check done monthly through checkmyfile.com - Experian report is totally devoid of all information and always has been. Callcredit has not shown the CCJ on my account for the past 3 months and only Equifax has shown the CCJ properly.

2 questions - why is experian totally empty and how to I sort that out and secondly why has the CCJ disappeared from call credit??


Please help!!

10past6

rlatarche wrote: »

Apparently the request for the CCJ to be set aside was rejected by the other insurance company and the case was closed

Who did you make the CCJ “set aside” application through?

Did you complete a form like this?

If a solicitor was appointed to act in your interest, but you believe you have been penalised due to their negligence, then you should seek advice from here

rlatarche

10past6 - Thanks for the prompt reply - I never filled in any paperwork - I basically complained to the solicitors that the CCJ was unfair - it was the insurance company and themselves that had made an error and I was being penalised for there actions.
They then came back (New Law Solicitors) and said the only way they could try and get it reveresed was to asked for the judgment to be set aside.

I asked them to try and get it set aside and they said they would try - they later informed me that the claimant insurance company denied the set aside request and that was that.

It was both a combination of my car insurance company and the solicitors that failed to act on behalf - like I mentioned I paid my car insurance and had full legal cover!

Thanks

10past6

You can make a “Set Aside” application using the link I posted in post 2, however, a word or warning, courts don't deal with he said / she said / they said, they deal on the evidence presented to them, therefore you MUST include all written correspondence showing showing the CCJ was issued incorrectly.

If you feel strong enough, you may also register a complaint with the organisation I mentioned in the link above, a complaint should also strengthen your set aside application, no one can say whether your application will be successful, only the court can make a ruling.

Should you decide to make a set aside application, the fee is £75.00, however, should your application be successful, you can request your costs be refunded, again, that's for the court to decide.