Ccj

Reesy1981

Hello.
I have litterally just received a letter for a Judgement, but the address is wrong. I have only got this as someone has sent it back and the post office have sent this to me.
Is it possible then to have this set aside as i have not been notified of the debt and have not received any other paperwork, and obviously need to challenge the debt to find out where it originates.
The last thing i want is a CCJ.

fermi

Depends on the circumstances.

Info here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Reesy1981

Right, i know what this is about.

Back on the 2nd Dec last year, a daft woman drove into my car, wouldnt accept responsibility and caled the police out etc.
So now for some reason she and a legal company she has been in touch with have put a claim in against me, even though i am fully comprehensive and have legal cover etc.
My insurance company even tried to contact her about it but never heard anything for ages so just closed the claim.
Now i have a CCJ which i should not have.
Talk about being livid. Here i amtrying to build a credit history after never having had one, and just as i start to be getting somewhere with it, some daft moo comes along and in one swoop wrecks it.
I have been intouch with the insurance company who have told me to recorded delivery it over to them asap, but thats all well and good, how can i get them to get the ccj removed? Its them the claim should have gone to, not me.

fermi

Well, it sounds like you have good grounds to get it set aside.

I can't remember offhand how theses things work with insurance companies, but they may be willing to do the grunt work or help get it set aside.

If not, you of course can just apply yourself.

So I suppose the first thing to do is have words with them?

Reesy1981

I have spoke to them, and they want the judgment paper so that they can get there solicitors onto it for me, so they are going to deal with things, but i just do not want a ruddy CCJ!!!
They even said the third partys solicitor should have sent the paperwork to them and not to me.

Wonder if there is a counter claim available somewhere as i am diagnosed with clinical depression so this aint gonna help things.

Reesy1981

I have just spoken to the third parties solicitors who have informed me that the reason they have issued a judgement against myself is because they got no response from the insurers. Surely then, they should have issued the judgment to the insurers and not to myself grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

jamesd

Phone the court that issued the CCJ and let them know what's happening as well. Want to be sure that nothing falls through the cracks.

It's you who has the liability, not your insurers, so nothing wrong in theory with taking action against you if they can't get a response from the insurers. But chances are that they were using the wrong address with them as well and that may be why they got nowhere with them.

At this point it should be clear to them that they didn't properly get a CCJ and if they were being nice about it they should have offered to contact the court and have it withdrawn without making you get it set aside.

Reesy1981

They wont do that with the court, the guy was on about me paying it, unless i dispute liability. So i told the guy to read between the lines. If i am asking them whether they would object to me asking for it to be set aside, then i obviously do not accept liability.