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Ccj due to insurance not returning form-effect on mortgage app?!

hi i am totally panicing and need advice from anyone that can help! long story so please bare with me!

we were involved in a bump in a car park in april in my partners company car, the other party tried to claim through insurance and failed and we received a letter about 6 weeks ago from the court service saying they were trying to take my partner to court for £900, the incident was not our fault so rang the company insurance broker and they insisted they would deal with this on our behalf no problem and to sent the form recorded delivery to them to complete the defence and send to the court. we sent the form and the lady at the insurance firm emailed to acknowledge receipt of it and said she would take it from there. this morning however we have received a county court judgement in the post stating that the court recieved no response to the letter and have concequently found us guilty!! obviously the insurance have not forwarded the form within the given deadlines and i am beyond furious and dont know what to do!

the complication is we have sold our house, and are in the middle of negotiating the price on the house we want to buy and have an appointment at the bank this friday to apply for the new mortgage, i have checked my partner's credit report online and the court judgement is already there so obviously i am pertified this will prevent us from getting the new mortgage (our credit reports are totally fine apart from this) we are supposed to be completing in January and just dont know if that is going to be possible now if this has smashed our chances of getting a new mortgage.

the insurance co and courts and bank are all unavailable until monday so just looking for some advice to get me through the weekend as feel like my dream new home is dissapearing beacuase of someones total incompetence, i even wanted to send the origional form back to the court myself as im a bit obsessive about making sure things are done correctly but the insurance people insisted they did it as they were the "experts"

sorry for the long post but as you can see this could have a massive knock on effect for us and im desparate for advice!

Comments

  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A CCJ will have a massive effect on an application.

    A CCJ which is paid in full within 30 days of the judgement will be removed as if it never occured.

    I would pay the cash to save credit rating and recover it from the insurance broker who failed to do their job.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Many thanks for the reply, im so angry about this as you can imagine, the implications for our house move are huge. Our credit ratings have no other issues at all then this bloody huge problem crops up 5 days before our appt with the bank to apply for the new mortgage. I have checked his credit report and it is already showing up, if we pay do you know how long it takes for the register to be updated and when it will dissapear from the credit reports? Just so i know roughly i will have to put the application appt off until, which will obv delay progressing our purchase!
  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Pay within 30 days of issue. Get confirmation from the creditor stating debt paid in full. You then need to apply to the issuing court for a Certificate of Satisfaction ( think they charge £15 for it)

    CCJ should then be removed.

    Time is vital and pay with instant funds whether cash or card. I had a client with a CCJ which was satified after 26 days, unfortunately he paid with a cheque which cleared 2 days late. The CCJ remains on file, albeit satisfied.

    You need to get it removed not marked as satisfied.

    Won't be done in time for your appointment with the bank. May want to delay this.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Well the judgement is dated 21st and arrived in today's post so if i get oh onto work and broker first thing in monday morning i can ring the insurance co on the judgement form as its states send payment to them and see if i can pay over the phone and get a confirmation of payment and then get onto the court. I will delay bank until i can see it is removed from credit report, just hoping this happens realitivly quickly and we dont lose the house due to having to delay mortgage app, survey etc! Thanks so much for your advice, really very much appreciated.
  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Once paid the courts will inform credit agencies who will remove it.

    Good luck
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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