Wrongly issued CCJ due to an Insurance company

alykat

Hi,
In 2009 I had a damage only car accident involving another car. My car was repaired and that was the last I heard until March this year ( over 4 years after the accident ) I received an email from my ins co stating that I needed to get a certificate of satisfaction from the county court. As I had no idea what they were talking about I called them and found out that they had disputed the other parties excessive hire care costs so failed to settle, the other drivers ins co legal team issued a ccj against my name , no correspondence was ever received from anyone about this) Over the last few years I was unable to get any credit whatsoever from a store card to a remortgage and was at a loss as to why . I have started the complaints procedure with my insurance company as to their negligence and lack of duty of care to inform me of what was going on and the effect this has had on me over the last few years . Any advice would be appreciated.
Many Thanks

_Andy_

Wait until they respond to the complaint and then take things from there.

What exactly have you asked them to do to resolve the complaint?

magpiecottage

Try to gather together a record of all occasions when you are aware that the CCJ has adversely affected you and how.

From that you will be able to quantify the value of this - or, more probably, FOS will.

opinions4u

Why did you never check your credit file when being declined for loans?

Buzby

The other drivers legal team can only request a hearing, not 'issue a CCJ', as only the court can do this AFTER you refuse to pay the Judgement.

Since you were never cited to appear and defend, you need to seek a cancellation of the order, and this will re-run the action - your insurer should pay for this. As you were never asked to appear and defend, the other sides lawyers will be in deep doodoo as they had to confirm you had been cited.

kingstreet

I suspect the OP simply forwarded the correspondence to the insurer and left it at that. Insurers don't always deal with the matter quickly and if there's no-one attending court on the day, the plaintiff would be given judgment by default.

Whenever we get such cases on here, I always suggest the policyholder takes every possible step to ensure the insurer has representation in court if they don't agree to settle beforehand. The policyholder should not get involved in the court proceedings directly though.

For example;-

https://forums.moneysavingexpert.com/discussion/4648165

Quentin

Buzby wrote: »

The other drivers legal team can only request a hearing, not 'issue a CCJ', as only the court can do this AFTER you refuse to pay the Judgement.

Since you were never cited to appear and defend, you need to seek a cancellation of the order, and this will re-run the action - your insurer should pay for this. As you were never asked to appear and defend, the other sides lawyers will be in deep doodoo as they had to confirm you had been cited.

This tutorial on ccjs is in the main made up.

A ccj can be issued against you in default on request of the claimant (without a hearing taking place).

Ccjs are the court's judgement and are issued immediately on the judgement being given.

The issue isn't about refusal to pay - if you pay a ccj in full within a month of it being issued then the ccj won't go on the register of ccjs, but if you pay it off in instalments or delay paying then it will go on the register.

As explained you can get a ccj without knowing about it and there is no bad reflection at all on the other side, and no doodoo for their lawyers.

The op should not be contacting the court to resolve this but should get their insurer to sort this at their expense.

BertTheRaccoon

Odds are the legal team of the third party issued proceedings against the OP but the proceedings will have been served on a firm of solicitors nominated by the OP's insurers, which will be why the OP knew nothing about this.

There is either a default judgment if the amount issued is a fixed and specified amount, such as credit hire charges, so when a defence is not filed in time the third party sols will just get default judgment and then present that to the OP's insurers who then have to pay as RTA insurer.

Or this could have been a judgment as a result of a hearing where the court have determined the amount and made a judgment order, which again the insurers have to pay.

The OP's insurers should have a copy of the proceedings which will include the judgment notice and the OP needs to get a copy of these from their insurer so that they can then liaise with the appropriate court. Also, the Claimant (third party) needs to notify the court that the sum was paid. This is something the OP's insurers need to liaise with the third party's solicitors about.

That will help in getting the judgment marked as satisfied, but the OP's insurers need raping for the situation this has left the OP in and amounts to Maladministration, which is the territory for the FCA/ Ombudsman.

magpiecottage

BertTheRaccoon wrote: »

the OP's insurers need raping for the situation this has left the OP in

I am not sure that sexually assualting the insurer is an appropriate redress.