Car insurance claim and a CCJ.

Loubeetoo

I'm hoping that you can give me some advice.

I was checking my credit file and found a CCJ issued against me.

I contacted the court to get the full information and it was in connection with a car accident a couple of years ago, where I was at fault and never disputed this.

I contacted my insurers who advised me that they are waiting to settle, but have had no contact from the other parties insurance, no invoices etc to process the payment.

They asked me to send all the paperwork over to them, which I have done.

I also contacted the legal firm who dealt with the CCJ, whilst I know they don't represent me I wanted to explain what was going on.

I got married shortly after the accident and moved house a year later.

My insurers were aware of my move and name change and DVLA were updated.

I only live a couple of doors away from my previous home and have had no post brought up to me, so was unaware of the proceedings.

I found it difficult to speak to the legal company as they didn't seem interested in what I had to say, they cut across me constantly stating that they hadn't had a reply from my insurers and that was all they seemed concerned with.

I am struggling to understand how something that was being dealt with by insurers has resulted in personally being given a CCJ and I feel that there has been no form of due diligence carried out in this process.

The CCJ date of judgement was issued on the 15th March  and I know these things are very time sensitive where removal is concerned.

I have asked my insurers if this can be settled quickly and I have also emailed the legal firm to put in writing what I was trying to tell them earlier and asking for a speedy resolution.

I would request the CCJ be set aside, but financially the £275 fee is more than I can afford at the moment. My previous marriage was abusive and part of the abuse was financial, so my credit rating is already poor, the CCJ has completely damaged any attempt at repairing my credit file and I am very stressed about the affects this will have on my future finances.

I feel like I am stuck in the middle of a triangle and very unsure on who I can trust and who I can complain to.

From what my insurers are telling me, it's the other insurers at fault and from what the legal team are telling me, my insurers are at fault for not responding to them, but who do I make my complaint to? 

DullGreyGuy

Firstly, dont worry. Insurers deal with millions of claims a year and inevitably occasionally drop the ball. 

Your dates seem odd though, a CCJ won't appear on your credit record until 1 month has passed since the judgement but you say the judgement was only the 15th March, I assume this year?

It will appear against you because you are the driver and so everything is ultimately done in your name. Your insurers however can put their hands up to the court and admit they are the ones that made the mistake and get the CCJ removed from your credit file. 

Its pointless apply for the judgement to set aside, to do so you have to prove not only that there is a good reason why it should be but also you have a good prospect of winning the retrial but you openly admit you were at fault so that isn't going to happen. 

Ensure your insurers have logged a complaint about their failure to deal with the case in time and that a CCJ has appeared on your credit record as a result of their failures.