Delayed Car Insurance payout caused CCJ - Any Advice Pls.

[Don4071]

In 2004 my husband reported to our insurance company that he had a slight accident with another driver, who happened to be driving their company car.

 

Shortly afterwards my husband got sick with depression. The company who owned the other car hadn't been paid for the repairs by our insurance company and decided to come after us for the money.

 

Eventually they got a CCJ against my husband - and shortly afterwards our insurance company (who by the way are Norwich Union) paid the repairs.

 

I alwasy thougth that once a CCJ was placed on our file that that was that, we wouldn't get it removed for 6 years. However having recently learned that some CCJ are removed upon particular grounds I thought I would ask you fine gurus what you thought and if anyone had any help, advice , guidance or anything really to help.

 

Many thanks.

[freakyleaky]

This will give you a list of valid reasons to have CCJ's removed/set aside.

 

Removal of CCJ's - Valid reasons to have your judgements set aside

 

Hope it helps.

[Filthy Monkey]

Somebody else will have to clarify this, but I believe it is possible to have a judgement set aside if it was entered due to a delayed insurance payout. I'll have a scout about on the net and see what I can find out.

[scarletboyambyth]

Do not fear...Salvation is here!! haha

 

i have just got my credit report and it has a ccj due a car accident and insurance not paying out in time...its satisfied now but still on my record...so.....with the insurance company being inept and the court not really helping, I called Experian....all you need to do is get your insurance company to write a letter with all the court details, including case number, date, amount etc, and then also your details, and it must state that they were liable for the fees not you...it will then be removed!!! I hope...

[Don4071]

brill thanks. will c how we gets on

[scarletboyambyth]

let us know how it goes...i will do the same...only called exerian yesterday and it takes upto 28days to remove it.....i was thinking of suing the insurance company as loan got turned down, credit cards got hiked up etc...had perfect history until this debarcle.

[scarletboyambyth]

how did you get on? mine was removed from all records and now i am chasing the insurance company who are playing silly beggars.....FSO are on my side tho!

[postggj]

ime a little confused

so a letter was sent to experian with the court details and a letter from the insurance co saying not me guv,

and the ccj was deleated from your credit file

 

poppy cock

 

not being nasty so dont take it the wrong way

 

a ccj is a court judgement and gets registered with the registry trust, as its a public document, it gets reported to the credit ref agencies

 

the only people that can remove a ccj from your credit file are county court judges through a set asside hearing

 

the credit agencies have a legal obligation to show this info

 

if i am wrong i will be the first to put my hands up and say sorry but as a rule the cra just stick two fingers up ref complaints

[scarletboyambyth]

Firstly not taken the wrong way....I was shocked too and may have negated to put a few inportant bits of info.. Firstly, My insurance company (who were responsible for the debt) had to write and send a cheque for £75 to the court stating that it was indeed they who were responsible for the debt. - So CCJ removed by court.

secondly, the insurance company had to write to each credit agency (experian, equifax and call credit) who them removed the CCJ. All this was the advice of creditexpert and my creit and score on all 3 sites now show in the fair-good category.

 

I have recently had a loan approved and my credit card interest rates have lowered.

 

does this make it easier to understand?

 

Scarletboyambyth

[scarletboyambyth]

also, if you call experian and explain that its a CCj incurred due to late insurance payout, each reference agency has protocol for this as it is apparently quite common. Please by all means call and ask them in regards to their criteria. I am not a regular poster on this site but i see that you often help people (kudos) on this site and may be able to pass on this info in the future.

[scarletboyambyth]

Hi All, Just an update: THe FSO has adjudged the insurance company to be at fault and although after much leg work I had it removed, they are now to pay me compensation or circa £1000 - Result!

[scarletboyambyth]

sorry for thread Hijack!

[Rclean]

Hi All, Just an update: THe FSO has adjudged the insurance company to be at fault and although after much leg work I had it removed, they are now to pay me compensation or circa £1000 - Result!

 

It really is bad that a silly little amount like £1000 could even be suggested for the grief it causes.

I was placed in a very similar situation and I would have no reason to accept less than 10 times that figure.

The costs caused to me in relation to not being able to gain credit are even close on 20k.

Being in business my credit line was all important and having this ability to gain credit at a fair rate was more so again.

Now losing that credit line and good rate on already used credit meant I was placed in a rising rate and not small rises but 5% jumps on apr overnight basically and with capping and sopping of allowed crediting.

Lost £8k in credit line and inability to make planned purchases of new vehicles to keep us covered from mechanical issues with 3 yrs cover. Guess what I had to buy used which I had got away from whilst growing my business.

And 9k later I have 2 broken vans both requiring another £1500+ to get them back usable now that is in 15 month only.

The CCJ was there for 2yrs 6 months now gone and now if I had the money to put the deposit down I could get new but because the ccj was there I had to buy used and that was deposit money all gone.

Now without the ccj being there i would have gained the credit at 5% flat rate and paid over half the vans off and still been 6 month left on warranty. Beggars belief how the insurance companies are allowed to get away so cheaply when they really mess peoples lives and business's up. They gave me an interim payment which I reluctsntly took with express outining this had no bearing on my claim for damages and they said they would pay me out by taking the law firm under professional misconduct as they had not acted correctly on behalf of BRIT insurance now riverstone. Guess what happened they said we are not doing any more and basically write to the FSO.

Pay large money for insurance then they rip you off.

I hope to succeed in getting a fair amount to cover my extremely effected life for nearly 3 years.

I am still too scarred to apply for credit in fear of rejection.

As rejection will knock me back again.

[postggj]

Unlawful default has now been set at £10 k

 

A CCJ is even worse

 

Look up Durkin v DSG RETAIL LTD

[AndyOrch]

Unlawful default has now been set at £10 k

 

Could you point me/provide a link to that legislation Postggj?

 

Regards

 

Andy

[postggj]

Sorry, it was 8 k awarded. NOT 10

 

http://www.scotcourts.gov.uk/opinions/A187_04.html

 

 

121. In these circumstances and standing such a recent decision where the claims appear to have been treated as being capable of existing together, I find that the pursuer is entitled to an award for the general damage to his credit in addition to an award in respect of the actual loss flowed sustained. Having regard to all the circumstances I consider that an appropriate award would be £8,000.

[AndyOrch]

At the discretion of the Court and that particular DJ and that particular claim...nothing set in stone.

[postggj]

And a Scottish court, not English

 

But i would think that case can be referenced in any damages claim

[AndyOrch]

And a Scottish court, not English

 

But i would think that case can be referenced in any damages claim

 

Not particulary...this one tried :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321174-how-to-take-legal-action-against-hsbc&highlight=Durkin

[postggj]

Thanks for the link

 

Supreme court hearing on 28th Jan 2014, according to Richard Durkins twitter feed.

 

A bit late in this case but at least we will have closure through case law in the new year. With that appeal, speculation and uncertainty will end once and for all

 

Good luck Richard

Edited June 18, 2013 by postggj