CCJ after mess up with insurers/solicitors

hermy90210

Hi all, first post.

Just to say, i've had a CCJ marked down on my credit report as "satisfied" but is greatly affecting my ability to get credit and sort out my finances by putting everything in one place.

Back in mid 2009 was involved in a motorbike accident, i basically rear ended someone so admitted liability. My insurers then went on to pay the other person for damages, thought it was all done. But then, more or less a year later i get a notification of CCJ through the post, so contact my insurers as it was related to the accident, and they sort out legal cover. The solicitors then kept on sending all the info to my old address, my parents, even though i informed them i was at my student address at the time, and it ended up with them paying off the other party late (to be exact.... 5 days after the 1 month limit was up). What also took the mick was how slow they generally were, the court issued my notification of discontinuation of proceedings a week after the cheque was received, but after sending it to my solicitors it took almost a month for them to then send it out to me.....

I wasnt aware of the fact it would be down on my credit report until recently when i tried applying for an extension of one overdraft, so that i could start putting all my debt into one account. Okay so i'm an ex student, but trying to get everything back on track and managing my debts quite well now, no missed payments these last 6 months, no file searches, etc.

Okay i may have blabbered on... apologies but seeing red at the moment.

Any idea if A: a person is allowed to follow up an insurance settlement with a CCJ, and B: if im at fault for my solicitors taking too long paying out, and C: if its possible, can i get the CCJ removed from my credit report?

Thankyou for any advice guys
-Adam

Quentin

It may be possible - the payment that was made by the insurer could have been simply to pay the debt (rather than to satisfy the CCJ).


Your insurer (via their legal team) should have taken the ccj aspect back to court at the time and requested it be "set aside", which would have expunged it from the records.


Get in touch with the insurer and get them to now look into this for you and get the CCJ removed.

magpiecottage

Quentin wrote: »

Get in touch with the insurer and get them to now look into this for you and get the CCJ removed.

Make it clear that this is a complaint against the insurer and that you are seeking not only to have it removed but redress for the distress and inconvenience it has caused you including the inability to obtain credit.

hermy90210

thanks for the advice guys, i'll give them a ring on one of my days off during the week.
Cheers

McKneff

It's rare you can get a default removed but to be honest I think this one of those times that you could

My daughter had one removed last year because of misadministration of HSBC and full and final settlements, they gave her a figure, she paid it in full and then moved. They for some reason decided she owed more than they told her, kept sending
letters to her old address which she never got, as the redirection has lapsed by then. She had no knowledge of the default till she applied for a mortgage. She got it removed eventually because they had given her the wrong figure so keep at them.
Good luck

Quentin

McKneff wrote: »

It's rare you can get a default removed

Not so.

It's rare not to get a CCJ by default removed when the defendant can show he/she knew nothing about it!

hermy90210

Aye, but in my case, i knew about it, but was told by my solicitor to send them the initial court paper (the one you fill out n send to the court to say what action you're taking), and everything else that i received in the post related to it.
So the reason it is still on my file is cus of my solicitor....
But yeah, ringing up my old insurer to complain on tuesday, when i have a proper day off work, heh. Will try n sort it all out then, and see where i can go from there.
My only question is, how is it dealt with? Do i just ring the insurer and demand they sort it out and have it removed? What action specifically should i do on my part?

Cheers

magpiecottage

tbh it is the insurer's problem. I would suggest you actually fax the insurer today if you can. You will need a fax (or fax modem on your PC) and to find out if they have a fax number by looking at the FSA register.

If you do that, they have 8 weeks, starting from tomorrow, to get things sorted to your satisfaction or you can take them to FOS. Keep the receipt for the fax so you can prove they got it if you need to.

The main reason, though, is that you will probably not get somebody who knows what they are doing on the other end of the phone. They should know but I would not guarantee it.

A piece of paper in the office that they know you can prove they received tends to focus the mind!

Quentin

hermy90210 wrote: »

My only question is, how is it dealt with? Do i just ring the insurer and demand they sort it out and have it removed? What action specifically should i do on my part?

You could DIY (ie request a "Set aside" hearing), but this does involve the cost of the hearing as well as getting yourself some legal advice (maybe representation).

Much better (and cheaper!) for you to get this done for you by the insurer's legal team.

Get to a manager about this, and keep on to them if you don't see things happening.

hermy90210

So i should be able to get them to sort out the majority of it even though i'm not with them for my motorbike insurance any more?
They are still responsible i guess so dont think i should have to pay to correct their mistakes.

magpiecottage

hermy90210 wrote: »

So i should be able to get them to sort out the majority of it even though i'm not with them for my motorbike insurance any more?
They are still responsible i guess so dont think i should have to pay to correct their mistakes.

Absolutely.

As I say, you should also be seeking redress for the distress and inconvenience of what was really an entirely forseeable consequence of any complacency on their part.