Ccj possibley due to car insurance claim please help.

Marktheshark

I would if you need a clean credit file.
Concealing the claim from you is very bad practice by the company solicitor and enough to get them struck off.
You could have entered a defence of indemnity and batted it all out to the insurance company.
Once it becomes set which is 14 days from the judgment the only way to remove the ccj is to file N244 and request a new hearing.

debtout

Marktheshark wrote: »

I would if you need a clean credit file.
Concealing the claim from you is very bad practice by the company solicitor and enough to get them struck off.
You could have entered a defence of indemnity and batted it all out to the insurance company.
Once it becomes set which is 14 days from the judgment the only way to remove the ccj is to file N244 and request a new hearing.

Thanks am getting a bit lost as usual. So should I give the insurance company until at least next week Friday to see if they will pay and if not then apply for a set aside? Also the ccj was issued on 21st September but only got the letter yesterday. I just don't want to be stung so need to think ahead thanks.

Marktheshark

If they fail to pay it within 14 days, you have a CCJ for the next 6 years.
If they pay it after 14 days, you have a CCJ for 6 years.

Can you afford to pay it on the last day if they dont then sue the insurance if they dont reimburse you ?

debtout

Marktheshark wrote: »

If they fail to pay it within 14 days, you have a CCJ for the next 6 years.
If they pay it after 14 days, you have a CCJ for 6 years.

Can you afford to pay it on the last day if they dont then sue the insurance if they dont reimburse you ?

Is it 14 days or 30 days from date of issue? The letter states it was issued on the 21st September and it also states of its paid within 30 days, then I can ask the court to cancel it from the register?

debtout

debtout wrote: »

Is it 14 days or 30 days from date of issue? The letter states it was issued on the 21st September and it also states of its paid within 30 days, then I can ask the court to cancel it from the register?

Should the money be paid in 14 or 30 days please?

tastyhog

debtout wrote: »

Should the money be paid in 14 or 30 days please?

I think the poster has got confused.

the 14 days is the time to reply to any claim form that gets sent to you before a judgement is made.

you have 30 days to clear a judgement before it gets lodged as a CCJ and gets reported to the credit reference agencies.

https://www.gov.uk/county-court-judgments-ccj-for-debt

setting aside the debt - although this will just reset the process, which will ultimately lead to the judgement being made again against you because the debt is owed by yourself not your insurers and it is your debt, but in the usual course of events your insurer simply picks up the tab.

This will cost you £255 (unless you claim benefits and the like) but you can claim this from your insurers, along with an additional sum for you because of their tomfoolery.

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

i'd maybe give it 3 weeks from the date of the judgement for the insurers to settle it, phone your insurers and talk to the person handling your claim, there will be a specific person handling it, and give them this deadline because you don't want the CCJ to appear on your credit report etc.

but don't worry about it, they will likely settle it as soon as they get the paperwork form you, it's just a slip up by the insurers, it happens all the time, but even if you do have to pay it, or it does appear on your credit file, it can be sorted out, because ultimately the insurer is liable and not you, it's what you pay your premiums for, despite you being named as the defendant.

debtout

Hello all been pressing the insurance company as worried due to the limited time I have. This is the most recent response

Good Morning

We are still investigating the matter, we have passed the claim over to our legal team to act, they picked the claim up on 03/10/17. They will be corresponding with the court and Third Party. Please allow them time to process.
But once a defence is entered, no further action can take place on the judgement
They will email or contact you as soon as we have an outcome.

Yours faithfully R.

Is this good enough and should I just give them time or I should be doing something else?

Quentin

tastyhog wrote: »

you have 30 days to clear a judgement before it gets lodged as a CCJ and gets reported to the credit reference agencies.

No.


A CCJ is registered immediately. (And the CRAs)


If it is paid in full within the month following the judgement then it gets removed from the register (and subsequently the CRAs will remove it from your file)