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CCJ Surprise - Car Accident - Help needed

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Hi all,


Here's my story:


A few days ago, I have applied for a mortgage (first time buyer). Unfortunately, my application got rejected despite only 1 week ago having a perfect credit score (999 on Experian).
I have then logged on to Experian, and nearly fainted as my credit score was all of a sudden showing as very low.
Investigating the reason on their website, I have noticed that the main problem was a CCJ which appeared under my name (issued only a few days prior). Since I never really had one, or knew what a CCJ was, I had to Google around to find more info about it.
Long story short, after digging for a bit and calling up the court issuing it, I found out it was due to a solicitor's company having taken me to court for a car accident which has happened over 2 years ago.
Now, I have always been insured and ticked all of the boxes when buying the car insurance (one which includes the legal cover) and back when the accident happened, have been assured by my insurance that there is nothing which I need to do and they will solve the case.
I have never received any comms from anyone ever since so you can imagine the shock I've had when noticing this! At the time of accident I was residing at a different address but have always kept my insurance company informed about this.


Would greatly appreciate if you could give me any advice on what I could do in this situation? Surely it is my insurance's responsibility to represent me in any such matters related to a car accident and pay for any damages? I have contacted them and they just said that they will investigate this as a matter of urgency...but had no comms back ever since (3 days ago).


P.S.: Please, let me know if I have posted in the wrong area, I will gladly move the thread to the correct place on the forum.


Many thanks

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 10 December 2018 at 2:06PM
    If this is down to your insurer not dealing with the third party and paying them, then get onto the insurer involved now and get them to urgently deal with this and get the CCJ set aside (or paid off within a month of the issue of the CCJ if they have simply neglected to oay of the third party)


    Escalate as high as you can with the insurer
  • Ignore the 999 scores - they mean nothing.

    You should contact the insurance company in the first instance and ask them what has happened and to provide any communications and findings to you reference the accident.
  • fwor
    fwor Posts: 6,862 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Probably the most important initial thing to do is to contact the court to find out how much time you have to apply for a set aside. Then contact the insurance company and confirm that they can commit to resolve it in that timescale.

    If not, it may be worth doing so yourself - but be aware that there is a not insignificant cost. See the guidance here:

    https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx
  • Thank you for your replies.




    I know that it is critical to have the CCJ sorted within 30 days, otherwise it will stay on my record for the next 6 years. When calling my insurance company, should I press them to pay the CCJ in full ASAP? If they don't do it, will I then be able to take my insurance company to court and claim compensation? Or alternatively, pay it myself within the 30 days limit and then claim that back on them?


    I'm just trying to weigh in my options as I'm currently really desperate to solve this. I don't even want to consider the impact this will have on my life if it stays on the record for the next 6 years...


    Many thanks again for your advice.
  • Ok, so I have heard back from my insurance company just now. They have asked me to provide them with a "CCJ explanation letter" which would include all of the details of the CCJ and said that they will take care of it afterwards.


    The problem is that I have 0 letters/comms regarding this case (otherwise, I would have informed them about it much earlier), henceforth, I do not currently posses any such letter.


    Would anyone be able to advise me on how to get hold of it?
  • sourcrates
    sourcrates Posts: 31,516 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Johnny_BRR wrote: »
    Ok, so I have heard back from my insurance company just now. They have asked me to provide them with a "CCJ explanation letter" which would include all of the details of the CCJ and said that they will take care of it afterwards.


    The problem is that I have 0 letters/comms regarding this case (otherwise, I would have informed them about it much earlier), henceforth, I do not currently posses any such letter.


    Would anyone be able to advise me on how to get hold of it?


    If it was the 3rd party that took you to court, then they must of used your old address, as firstly there would of been a "letter before action" then a "claim form", then a notice of "judgement in default".


    They must of been sent somewhere, usually its the last known address they use, you could ask them, or there solicitor, for a copy of all the documents they have sent to you, also ask which address they used while your at it.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates wrote: »
    If it was the 3rd party that took you to court, then they must of used your old address, as firstly there would of been a "letter before action" then a "claim form", then a notice of "judgement in default".


    They must of been sent somewhere, usually its the last known address they use, you could ask them, or there solicitor, for a copy of all the documents they have sent to you, also ask which address they used while your at it.


    Indeed, I can see the address which has been used as part of the Experian report and it is an old address of mine. Unfortunately, I don't have access to it anymore, as I was renting the place and the phone number which I had as the Landlord's contact seems to be offline now. Have dropped the agency an email, I'll see if they could provide me with any help. Furthermore, being that it was an apartment, it's inside a secured block and I cannot reach the door, so there's no way that I could just go there, knock on the door and ask nicely for any letters.


    I did however ring the Northampton County Court and asked them if they could provide me with some evidence and they said that they will send me a "Copy of the judgement". Will forward that to the insurance and see what they come back with.
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