CCJ appeared no idea about it

DullGreyGuy

Teaandbiscuits21 said:

Hi so bare with me I’ll try not to make it too long

so I phoned up this morning to find out what the hell this CCJ is all about. Anyhow back in December 2022 I reversed into a parked car and drove off. The owner of the parked car found me unfortunately (power of social media and ring door bell footage). Anyway we went through the whole insurance malarkey and i thought that was that. I ended up with a claim on my insurance so that put my premiums up. All done end of. So I thought.

anyhow come October 2023 I received a message from the “lady” who’s car I went into:

 “Hi there. You went into my car back In December last year. I had asked for you to pass my details on so this was dealt with through your insurance. They have contacted me today of which still no response from your side. My insurance have now issued a final letter and for 14 days response otherwise next step will be court and had asked me if I would be happy to attend court. Just to give you a heads up might be worth reaching out to your insurance to avoid that.”

I responded saying has she got any proof of this , the claim from my end is showing on the motor insurance database so basically she must be talking sh*te. (She’d been a pain in the backside to deal with since the start). She responded basically saying blah blah legal action in 14 days. This was back in October 2023 as I say. I have heard no more since so didn’t think anything more of it. 

Fast forward to today. Claim of over 2 grand made. I never received any court papers so I was completely oblivious this was going to happen . I mean good grief the incident occurred nearly 2 years ago. Anyway it’s her, herself who’s made the claim against me. Why did my insurance not pay out? Why have I got a claim against me if they haven’t? That’s what I don’t understand. 

Anyhow I got the sealed claim form emailed over to me and that’s been a hassle too, I’ve been back on the phone. I’ve got a couple of pages with mine and her details on and that’s it, no claim particulars. Instead attached I’ve got another claim case on it between two other people not related to me so the solicitor has messed up massively there when passing documents over.

I’ve spoke on the phone as I say with the civil money claims service and the nice gent on the phone suggested applying to get it set aside and I could get help with fees due to low income and being on UC.

how successful do people think I’ll be?

i am so fed up. I have enough problems as it is. Plus it doesn’t help this person who’s put the claim in lives in close proximity. It makes me want to move out the town I live in to be honest. 

Leaving the scene of an accident and then criticising social media? I'm highly tempted not post a response.


A car accident will always be Driver 1 -v- Driver 2; when an insurer deals with your claim they get the right to step into your shoes and pursue your rights against the other driver. Its then technically their choice if issue as the driver or themselves but in most cases it will be the two drivers facing. 

You need to speak to your insurers so find out what has happened. it would on the surface sound like there was some form of dispute and when they couldn't come to an agreement the claimant's insurers litigated against you. What should have happened is that you received the claim form from the courts, you pass it to your insurers and they take the matters on from there. 

You have already admitted on this thread that your V5c is not registered to your home address... you presumably never gave them your current address so the insurer will have done a DVLA search, obtained the address and then litigated against it. 

I'm not sure what you are hoping to achieve by having it set aside though? You hit a parked car and committed a criminal offence by fleeing the scene and not reporting it to the police. What different outcome are you expecting the court to come to on the retrial?

Speaking to your insurers they will most likely acquire the correct paperwork and settle the monies due as even though you've caused them problems and costs they are ultimately on the hook to pay for your transgressions. 

Teaandbiscuits21

ChirpyChicken said:

Do not rush your application 
You can fill the form out online and then fill it it in but you need to show to the court under what rule it should be set aside. (Under Civil procedure rules)
Also write a witness statement to go with the application 
And a draft order for the court
This will take time. Get it right though.
It may take several months to get set aside depending on the local court.

Have you got any tips? I’ve got the paper N244 here ready to fill in. You’re suggesting put a witness statement with it too?  A draft order what do you mean by that? (Sorry  to sound stupid it’s all very alien to me).

ChirpyChicken

I would type it out. Far better the pdf can be filled in online
Yes it needs a witness statement ideally
The draft order is what you want the court to do
Use your computer not a phone. Do plenty of research 

Teaandbiscuits21

If the judgement does get aside, could I still end up back in court? I don’t think I’ve got a successful case so I’m tempted just to find the money and pay it to get it removed as I’ve got a young family and enough problems without the stress of this. Also the removal of the ccj is really important to me as without it basically I’m a no go for credit for six years and that’s pretty tough. I can say goodbye to a mortgage anytime soon. 

ManyWays

If the judgment is set aside as the papers went to the wrong address, the claimant will very often restart a new claim immediately. So there is no point in doing this unless you have a defence, and for you to know that you have to know what happened about the insurance. My suggestion is to talk to the insurance company first before applying for a set aside. 
(The other option is to revisit your whole debt situation and consider a debt relief order that would clear this CCJ and your other debts as well.)

DullGreyGuy

Teaandbiscuits21 said:

If the judgement does get aside, could I still end up back in court? I don’t think I’ve got a successful case so I’m tempted just to find the money and pay it to get it removed as I’ve got a young family and enough problems without the stress of this. Also the removal of the ccj is really important to me as without it basically I’m a no go for credit for six years and that’s pretty tough. I can say goodbye to a mortgage anytime soon. 

A CCJ/ "county court judgement" is a stupid name for what appears on your credit record for a range of reasons, I personally think the names need changing but we are where we are. 

A CCJ is not what it sounds, it is a civil court judgement (can be county court or high court) against you that was not satisified within one month of the judgement. At that point it goes on your record and stays there for 6 years irrespective of if you subsequently pay it or not. 

I'm curious why you liked my prior post but then haven't responded to any of the points in it? There is no need for you to pay the sum, your insurers will do that. If you speak to them and it turns out they messed up then at times they can have the CCJ marker removed from your file without having the judgement set aside.  You should also be speaking to them about applying for it to be set aside because they are the ones that should be dealing with the retrial. 

The advantage of getting it set aside is that whilst you will have another case and you will lose again you or your insurers can then settle within a month of the new judgement so you dont get a CCJ on your credit file

Teaandbiscuits21

Hi so update is I am basically going to have to pay up. Which is what I was about to do.

however on the judgement form they’ve sent me all I’ve got is an address to send payment to. Which doesn’t help, no bank details or anything. I need to pay within one month so that’s the 22nd April (Tuesday) so time is ticking. I can’t ring the court today it’s a Saturday and the company I’m sending money to I can’t contact til Tuesday either.

so if I pay Tuesday does that still count to get it removed? Tuesday will be the 30 day mark; thanks 

Teaandbiscuits21

In fact 30 days is Monday! Am I screwed? Obviously Monday is a BH so I can’t do anything 

I don’t want to pay and still be stuck with this on my file for six years 

Teaandbiscuits21

Bump…………..

sourcrates

You are perilously close to the time limit here, once you’ve repaid the debt, you must write to the court explaining that you’ve paid the full balance. This will require a signature from your creditor but, if you can’t get this information, you must still send whatever evidence you can, such as a copy of your bank statement. 

The court will then try to contact your creditor to verify your claim.

If they confirm payment, this will get the CCJ removed from your credit report and the public register as if it never happened