A single CCJ - What effect does it have?

steve700

Girl drives in the back of me

Girl admits fault but disputes amount of insurance claim, stating that I agreed to a figure to get the repair carried out myself.

My Insurance Co. takes her to court for their money (including my excess which they have paid back, naively believing that she would cough up).

We both attend court and it is referred back to our local court.

We both attend court again and the judge decides that she should basically pay up with costs (£1200 repair cost plus £596 costs) within a week of invoice receipt. Her dad says they will pay within 7 days as he is concerned that she may get a CCJ against her.

She now disputes that they can afford to pay and has asked to repay at £50 a week.

My solictor writes to advise her that they agreed and he will seek a CCJ if they renege on the agreement.


My question is: If she does have a CCJ, what is the effect on her gettting a mortgage, credit cards, loans, credit on white goods/electrical, etc?

Thanks

Mrs_Sparkle

Sorry, probably not the answer you want but I got a CCJ years ago and have had 2 mortgages, countless credit cards and a couple of loans since then. Someone once told me that you will never be called for jury service if you've had a CCJ but I don't know whether that's actually true or not- true in my case but could be coincidence.

steve700

I wasn't looking for a 'specific' answer. Her dad was quite vocal and adamant that his daughter should not have a CCJ.

I was just curious as to how damaging a CCJ could/could not be.

Thanks

Steve

Mrs_Sparkle

Sorry, I thought you were hoping that a CCJ would be a major problem so she'd be forced to pay up. My mistake.

Donedoingdebt

Was she uninsured? This sort of thing is usually sorted out by the insurance companies & the worse thing that should happen to her is she'll lose her no claims bonus.

steve700

Donedoingdebt wrote:

Was she uninsured? This sort of thing is usually sorted out by the insurance companies & the worse thing that should happen to her is she'll lose her no claims bonus.

She was driving her dad's 'company' car (he runs a car repair business, ironically) as her cat had been 'hit by a bus'!

Although she always said that she was insured, they wanted to pay up to avoid using her dad's excess on the business vehicle.

The excess was £1000 so it was a false economy to allow it to get to court......but she didn't feel the need to appoint a solictor and defended herself.

Because it was well over 6 months ago, whether she was insured or not, she can not be charged on that (apparently).

Cheers

steve700

Mrs_Sparkle wrote:

Sorry, I thought you were hoping that a CCJ would be a major problem so she'd be forced to pay up. My mistake.

Nah, I just want my £146 expenses back at some point in the future.

JGWT8M

they obviously don't know what's what then, the CCJ has (probably) already been issued when the judge said they must pay the £1796 within 7 days.

If they pay the full amount of the Judgement within 30 days (of Judgement) then the CCJ is set aside and not added to public records / credit report.

If they fail to pay the full £1796 within 30 days then the CCJ is entered into the "system" and she will be ordered to pay whatever amount the Court consider is fair on a monthly basis, she will probably be ordered to pay it to the Court, or your insurer directly. If she then defaults on the CCJ (i.e. forgets to pay) then the Claimant can apply for a Baillifs Warrant and you can send in the Bailiffs to take items for sale at auction.

Perhaps she doesn't want a CCJ on her record due to work?

JGWT8M

steve700 wrote:

Because it was well over 6 months ago, whether she was insured or not, she can not be charged on that (apparently).
Cheers

Utter crap, you can be charged 50 years after the event if it's a criminal offence.

Sounds to me as if the Police don't want to get involved.

file_wizzard

It sounds very much like the CCJ has already been issued as a forthwith order ( an order to pay immediately)

If they exceed the 7 days as ordered then they are in breach of the order and you can apply for a warrant of execution and the court bailiffs will recover sum / property too the sum on your behalf.

If the whole sum is paid within 28 days then the order will not be recorded at the registry trust.

In terms of impact, then yes even 1 recorded CCJ will severely limit the ability to obtain any form of mainstream credit or mortgage product.

Brassic

CCJ in hubbys case meant our mortgage had higher interest that we would have liked, and we can't get a joint account, but other than that it hasn't had too much of an effect.

I can't see that the police will charge her whenever. I watched a program where they pulled up a bloke who was driving with no licence, let alone insurance. He got let off and had to pay a token fine and was banned from driving for something like 3 months too.....how does that work?!?