CCJ through no fault of my own

kaz16_2

Hi,

This is a long story but to keep it short here are the basics:

1. had small car accident back in Nov 2010
2. Received CCJ in Feb 2011 to pay £1000 to the claimant.
3. Sent all paperwork etc to my car insurance company to deal with (had paid for legal protection)
4. paperwork was lost and lack of communication between insurance company and the solicitors that they used meant that the claim didn't get paid within the 1 month period.
5. I'm now left with a CCJ on my record which I didnt even know about until recently when I tried to get a mortgage
6. Even though the debt was paid in April 2011 it hadn't been registered as satisfied until last month when I chased them.
7. Car insurance company paid me compensation and I wrote a letter to the courts asking for them to remove CCJ from my record. The courts said that they wouldn't remove it even though I had a letter from my insurance company admitting fault in the whole process.
My question is would it be worth me going to a solicitor and asking them to write to the courts for the CCJ to be removed? Any advice much appreciated. Never had bad credit history, always paid loans, credit cards etc. The system seems so wrong to me!!
Thank you

vax2002

You should have added the insurance company on as a defendant on the first claim , it tends to wake them up a bit.
You have a contract assigning liability to them.

YoYoY

kaz16 wrote: »

Hi,

This is a long story but to keep it short here are the basics:

1. had small car accident back in Nov 2010
2. Received CCJ in Feb 2011 to pay £1000 to the claimant.
3. Sent all paperwork etc to my car insurance company to deal with (had paid for legal protection)
4. paperwork was lost and lack of communication between insurance company and the solicitors that they used meant that the claim didn't get paid within the 1 month period.
5. I'm now left with a CCJ on my record which I didnt even know about until recently when I tried to get a mortgage
6. Even though the debt was paid in April 2011 it hadn't been registered as satisfied until last month when I chased them.
7. Car insurance company paid me compensation and I wrote a letter to the courts asking for them to remove CCJ from my record. The courts said that they wouldn't remove it even though I had a letter from my insurance company admitting fault in the whole process.
My question is would it be worth me going to a solicitor and asking them to write to the courts for the CCJ to be removed? Any advice much appreciated. Never had bad credit history, always paid loans, credit cards etc. The system seems so wrong to me!!
Thank you

What do you mean, it wasn't your fault?

You had the accident.
The court obviously agreed with the claimant else they wouldn't have got judgement.

A CCJ doesn't just miraculously appear. The Court sends you (yes you) a summons. It is your responsibility to defend that if that is your wish.

As the claim was not paid in full within the allowed time, then you are now saddled with the CCJ. The fact the claim has now been paid is a clear indication that the judgement was agreed as right and proper.

Take responsibility for your actions (or lack of them)

sarahg1969

YoYoY wrote: »

What do you mean, it wasn't your fault?

You had the accident.
The court obviously agreed with the claimant else they wouldn't have got judgement.

A CCJ doesn't just miraculously appear. The Court sends you (yes you) a summons. It is your responsibility to defend that if that is your wish.

As the claim was not paid in full within the allowed time, then you are now saddled with the CCJ. The fact the claim has now been paid is a clear indication that the judgement was agreed as right and proper.

Take responsibility for your actions (or lack of them)

It was not necessarily the OP's fault. The actual accident is irrelevant.

The procedure, when you receive a summons after an accident, is to send it to your insurers. They have clearly failed to deal with it properly, as evidenced by the compensation that they have paid to the OP.

OP, it may be a good idea to post this on the insurance board.

CAB_Swansea_Bay_representative

Hi Kaz16, thanks for your query regarding CCJ through no fault of your own.
I can appreciate how frustrated you must be by this situation. If your insurance company had paid the judgement debt within 30 days it would not have been registered on your credit report and it may have been a better option to apply for a set aside of the judgement before it was paid but both of those options are not open to you now the time limit has elapsed and the debt has been paid. I would suggest you make a complaint to your insurance company and consider a complaint the the Financial Ombudsman Service but this will not cancel the judgement or the entry on your credit reference but you may be able to seek compensation. You can find more information on making a complaint the Financial Ombudsman Service at https://www.adviceguide.org.uk and https://www.financial-ombudsman.org.uk. I would also suggest you contact the credit reference agencies and ask to put a notice of correction on your credit file to explain the circumstances behind the CCJ.

YoYoY

CAB_Swansea_Bay_representative wrote: »

... I would suggest you make a complaint to your insurance company and consider a complaint the the Financial Ombudsman Service but this will not cancel the judgement or the entry on your credit reference but you may be able to seek compensation. ...

The OP has already been paid compensation by the insurance company. See point 7.