We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
CCJ due to Car Insurers delayed action.
Options
*Geebee*
Posts: 1 Newbie
Just looking for a little help/advice as this situation is causing me quite a bit of stress and anxiety.. (Hence the midnight posting!)
In November 2014 I was involved in a minor accident. I went into the back of another car around 7mph. There was very little damage and all very friendly and amicable at the scene. Me and the other lady involved exchanged details and went on our way. I later had a call from the other party to discuss the damage to her bumper, and then she would like to settle outside of using insurance and me to pay for the repair. Long story short.. She kept increasing the quotes she had been given and I thought it best to go through the insurance. I informed my insurance on the day of the accident and accepted full responsibility.
My insurance said they would handle it all.. And nothing more was needed from me.
Fast forward to March 2016, and I decided to check my credit rating as me and my partner are looking to apply for mortgages in the near future. It was by chance that I came across a CCJ for over £5,000. After many phone calls to the court I found it to have been raised by the third party involved in the accident. Looking further into it, it transpires her insurance put in a claim for over £5,000 (a lot from a replacement bumper) and my insurance requested additional information as to why the claim amount was so high. My insurance say they then had no further correspondence for her insurers.. And the claim file remains open.
It's worth mentioning I had received no court papers or summons regarding the judgment - I purely stumbled across it by chance. After contacting her solicitors, I was informed that they had sent all papers to not my previous address.. But the address I lived at before that (I have moved twice!) and not even the address that was on my insurance policy at the time. They told me they were aware I no longer resided at that address after calling the current owners.
Having been through all this with my insurance, they gave me verbal confirmation that they know of this particular solicitor, and that it is common for them to 'jump the gun' and go straight for a judgement. The told me they would not only pay the outstanding amount, but also instruct their solicitors to get the CCJ completely set aside, so as not to completely ruin my otherwise perfect credit rating. I actually specifically asked if they would get it set aside.. As I didn't care if it was myself or them who was doing it, as long as it was done - and they assured me they would take care of everything.
Fast forward 3 months, and my insurance are now claiming they never made such promises to get it set aside. I have asked for all recordings of the phone calls, which they have told me they have to write to an external party to get (I have been waiting a month at this point and yet to receive anything) so I can prove they promised me they would get it set aside.
Playing devils advocate, I asked.. "What happens if these recordings do prove you promised to get it set aside?", and the representative told me that they would simply apologise...and I would have to instruct solicitors to prove I have been finicially at a loss due to the CCJ being on my file, albeit satisfied.. As their solicitors do not believe it will be, although this CCJ will remain on my file for 6 years.
Apologies for the long-winded message.. I just feel like a very small fish being bullied and ignored by a large company, and I'm not quite sure what I can do!
Any help is gratefully appreciated!
In November 2014 I was involved in a minor accident. I went into the back of another car around 7mph. There was very little damage and all very friendly and amicable at the scene. Me and the other lady involved exchanged details and went on our way. I later had a call from the other party to discuss the damage to her bumper, and then she would like to settle outside of using insurance and me to pay for the repair. Long story short.. She kept increasing the quotes she had been given and I thought it best to go through the insurance. I informed my insurance on the day of the accident and accepted full responsibility.
My insurance said they would handle it all.. And nothing more was needed from me.
Fast forward to March 2016, and I decided to check my credit rating as me and my partner are looking to apply for mortgages in the near future. It was by chance that I came across a CCJ for over £5,000. After many phone calls to the court I found it to have been raised by the third party involved in the accident. Looking further into it, it transpires her insurance put in a claim for over £5,000 (a lot from a replacement bumper) and my insurance requested additional information as to why the claim amount was so high. My insurance say they then had no further correspondence for her insurers.. And the claim file remains open.
It's worth mentioning I had received no court papers or summons regarding the judgment - I purely stumbled across it by chance. After contacting her solicitors, I was informed that they had sent all papers to not my previous address.. But the address I lived at before that (I have moved twice!) and not even the address that was on my insurance policy at the time. They told me they were aware I no longer resided at that address after calling the current owners.
Having been through all this with my insurance, they gave me verbal confirmation that they know of this particular solicitor, and that it is common for them to 'jump the gun' and go straight for a judgement. The told me they would not only pay the outstanding amount, but also instruct their solicitors to get the CCJ completely set aside, so as not to completely ruin my otherwise perfect credit rating. I actually specifically asked if they would get it set aside.. As I didn't care if it was myself or them who was doing it, as long as it was done - and they assured me they would take care of everything.
Fast forward 3 months, and my insurance are now claiming they never made such promises to get it set aside. I have asked for all recordings of the phone calls, which they have told me they have to write to an external party to get (I have been waiting a month at this point and yet to receive anything) so I can prove they promised me they would get it set aside.
Playing devils advocate, I asked.. "What happens if these recordings do prove you promised to get it set aside?", and the representative told me that they would simply apologise...and I would have to instruct solicitors to prove I have been finicially at a loss due to the CCJ being on my file, albeit satisfied.. As their solicitors do not believe it will be, although this CCJ will remain on my file for 6 years.
Apologies for the long-winded message.. I just feel like a very small fish being bullied and ignored by a large company, and I'm not quite sure what I can do!
Any help is gratefully appreciated!
0
Comments
-
I was in a similar position but through my health insurance.
I can't remember what form you need but apply for it to be set aside yourself! State the facts that you had no correspondence from the courts and that you had logged the claim with your insurance provider. I did this and was removed!0 -
Hi
Yoshiyella is right that you can apply to set aside yourself. There is a factsheet which goes into more detail here:
www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx
It sounds like you would benefit from some legal advice too. You may be able to access free legal advice through the following organisations:
www.lawworks.org.uk
www.lawcentes.org.uk
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards