CCJ on file dispute

phillylad

Hi I have just joined credit monitor and noticed a CCJ from 2017. I’ve contacted the relevant court and have been informed it’s from a minor car accident in 2016. My insurance company were settling the case either through 50/50 or paying the claim. I have emails to confirm this. I assumed it had all been taken care off, so I don’t understand why I have this CCJ. Clearly it’s affected my credit scoring and I have been declined on a few occasions over the last couple of years. I’ve contacted the insurance company but not had a reply yet. Do I have grounds to set it aside and compensation?

phillylad

The amount was for £1,778 btw! 

sourcrates

Can`t answer that one till we know why you were issued the judgement in the first place.

Don`t pin your hopes on a big payday in the meantime.

MinuteNoodles

I'm guessing the third party got fed up with waiting for your insurance company to pay out so put in a claim directly. Was the car registered to the address you were living at at the time, as the address from the V5 from the DVLA is what the other party will have used as a contact address.

No idea what compensation you think you're due as you've suffered no monetary loss and were completely unaware of it.

phillylad

Thanks, I’m not after a big payout. However we pay our insurance companies to cover and support us when called upon, it appears somethings gone wrong here and it’s affected my ability to get credit or at least decent APRs! I’ll wait to see what they say

PaulW922

You need to find out who made the claim - was it the insurer or the driver for example? The other issue is going to be why you did not respond to any court papers etc. Have you moved house?

phillylad

Thanks, I took the court documentation to the my local insurance branch as I assumed they were dealing with it. The file for the CCJ was made by the solicitors for the driver ( according to the court document) these are the emails from my insurance. My last email to them said regarding the ans phone message I’m happy for you to conclude the case and for it to be closed. That’s why I’m confused! 
‘We refer to the above claim.

Having considered the circumstances of the incident, we have previously asked the third party solicitor to take instruction on a 50/50 without prejudice settlement.  This is because both drivers were performing manoeuvres immediately prior to the incident.  However, they have failed to respond to our request and have simply sent a copy of an unsealed court clam form to us, which suggests that they may have issued Proceedings against you to Court.  If so, our options are to either pay the third party claim in full to conclude the matter, or instruct our panel solicitor's to liaise with you directly, in order to submit a Defence to Proceedings and potentially attend a Court hearing if settlement cannot be negotiated beforehand

Please could you contact our office to advise if you would be prepared to attend a Court hearing in order to defend the matter? 

‘ We refer to the above claim and confirm receipt of your email dated 3 January 2017. 

We have reiterated our offer to the third party solicitor and asked them to confirm a definite acceptance or rejection of the 50/50 without prejudice settlement, which we have put forward.

We currently await their response and we will contact you further upon receipt of the same.

phillylad

A reply from the insurance company....

Good Afternoon,

Thank you for your recent email. I can see from the file that payment was raised after we received a copy of a Judgment.

As this was paid on time, it may be a case that the solicitors did not notify the Court when they received our payment.

I will write a letter to the Registry Trust to explain this, what they then do is remove the Judgment from record as this is related to an insurance claim rather than a bad debt. This process can take around 3/4 weeks, it may be slightly longer due to the current situation.

The response will then be sent back either to myself, which I will then send on to you, or this may be sent directly to you.

I do apologise that this has happened and I will make the third party solicitors aware of this.