ccj after insurance company failed to deal with compensation
Discussion
Hi, found out today i have a ccj ( a 1st ) after my insurance company has failed to deal with a compensation claim after an accident i had running into someone oct 2013.
1st knew about it was on 21/01/2015 when i received a court summons.
I phoned my well known broker explaining the situation and they tried to phone the insurance company but could get no response, but advised me to forward summons on which i did.
Roll on fri 20th feb i have received a judgement for claimant (ccj) which is showing on my credit history now.
I phoned the insurance company straight away and soon they put me on to on of there solicitors who said not to worry and just forward on the claim for judgement and acknowledged that they had received the court summons.
My problem now is i have a ccj on my credit history, which may well affect any loans i need as well as trade accounts i use for the running of my business.
Not sure what to do.?
1st knew about it was on 21/01/2015 when i received a court summons.
I phoned my well known broker explaining the situation and they tried to phone the insurance company but could get no response, but advised me to forward summons on which i did.
Roll on fri 20th feb i have received a judgement for claimant (ccj) which is showing on my credit history now.
I phoned the insurance company straight away and soon they put me on to on of there solicitors who said not to worry and just forward on the claim for judgement and acknowledged that they had received the court summons.
My problem now is i have a ccj on my credit history, which may well affect any loans i need as well as trade accounts i use for the running of my business.
Not sure what to do.?
Edited by caterhamboy on Monday 23 February 23:05
The fact that they have let it get to a ccj shows that they are inept as f
k. You need to come down on them like a ton of bricks.
You need to get on at the solicitors. Call them every 2nd day for a "progress update"
Phone the insurance company. Make them aware that it is their priority to sort this. Make them aware that they will be responsible for any loss of earnings due to the CCJ.
If you haven't already, get the insurance company to assign one person that deals with the case rather than talking to a random person from the call centre each day.
Call the insurance company every 2nd day for a "progress update"
Edit: you could pay the ccj (if you have the funds) and reclaim the money from the insurance company.
k. You need to come down on them like a ton of bricks.You need to get on at the solicitors. Call them every 2nd day for a "progress update"
Phone the insurance company. Make them aware that it is their priority to sort this. Make them aware that they will be responsible for any loss of earnings due to the CCJ.
If you haven't already, get the insurance company to assign one person that deals with the case rather than talking to a random person from the call centre each day.
Call the insurance company every 2nd day for a "progress update"
Edit: you could pay the ccj (if you have the funds) and reclaim the money from the insurance company.
Edited by MethylatedSpirit on Monday 23 February 23:27
Technically they've failed to indemnify a 3rd party claim. Therefore (grey terrotory since they're ahem, "dealing" with it) but it looks like it could be breech of contract. (I'm not a lawyer)
I would phone the insurance company and solicitors early tomorrow morning and give them 7 days (or whatever you think acceptable) to pay the ccj. Make it clear that if it is not paid then you'll be paying the ccj and suing for breech of contract. Basically be as noisy and harsh as possible to get them moving!
You could call them every single day. Obnoxious as possible. They've fked up and can't be trusted.
The 7 days should give you time to round up the money.
I would phone the insurance company and solicitors early tomorrow morning and give them 7 days (or whatever you think acceptable) to pay the ccj. Make it clear that if it is not paid then you'll be paying the ccj and suing for breech of contract. Basically be as noisy and harsh as possible to get them moving!
You could call them every single day. Obnoxious as possible. They've f
ked up and can't be trusted.The 7 days should give you time to round up the money.
Edited by MethylatedSpirit on Monday 23 February 23:48
I presume the CCJ is for a fixed sum? How much is it if ou don't mind me asking? I only ask because if it's for say less than £5kish, most panel Solicitors have delegated authority above this and it will not be worth their while getting judgment set aside and arguing the toss over a few hundred quid.
As others have said, the clock is ticking. This needs to be resolved within 30 days and preferably before then.
As others have said, the clock is ticking. This needs to be resolved within 30 days and preferably before then.
Presuming the CCJ is dated around 20th Feb, you and your Solicitors have until around 20th March to take action. That's a little less than 4 weeks before the judgment stays on your credit record for 6 years. With pressure from you, the solicitors will not let it get this far.
They can pay the judgment in full in which case the judgment will drop off your credit file within days of settlement. Given the amount, they'd probably do this.
If they want to set judgment aside, they need to show a reasonable prospect of successfully defending the claim on either quantum or liability. They can make an urgent application to the court to have it heard before the one month period is out. If successful, the judgment is set aside and they file a defence etc etc. if unsuccessful, they can still settle the claim within the timeframe. This application can be done by the court or by consent if the other side's solicitors agree.
I know it sounds serious but you're far from fked.
Although having said that, I did have one file where someone in the same situation as you got judgment, sat on it for a while then passed it onto her insurers. Then they passed it onto me as I was on their panel of solicitors. By the time it got to me and I had received instructions to settle, the month was out and she was stuck with a CCJ. It was through no fault of my own but down to her failing to pass the judgment onto her insurers expeditiously.
You did the right thing by passing it onto your insurers asap. Just keep on at them and you'll be fine.
They can pay the judgment in full in which case the judgment will drop off your credit file within days of settlement. Given the amount, they'd probably do this.
If they want to set judgment aside, they need to show a reasonable prospect of successfully defending the claim on either quantum or liability. They can make an urgent application to the court to have it heard before the one month period is out. If successful, the judgment is set aside and they file a defence etc etc. if unsuccessful, they can still settle the claim within the timeframe. This application can be done by the court or by consent if the other side's solicitors agree.
I know it sounds serious but you're far from f
ked.Although having said that, I did have one file where someone in the same situation as you got judgment, sat on it for a while then passed it onto her insurers. Then they passed it onto me as I was on their panel of solicitors. By the time it got to me and I had received instructions to settle, the month was out and she was stuck with a CCJ. It was through no fault of my own but down to her failing to pass the judgment onto her insurers expeditiously.
You did the right thing by passing it onto your insurers asap. Just keep on at them and you'll be fine.
Edited by KungFuPanda on Tuesday 24th February 00:22
Well,
Been on to the insurance and brokers and they say that a full payment has been made today.
There solicitors are going to try and get the ccj removed but not always straight forward by the sound of it and will take time.
They have offered no valid reason why its gone this far.
So i'm stuck with a ccj for the foreseeable future.
Thanks for all the advice.
Been on to the insurance and brokers and they say that a full payment has been made today.
There solicitors are going to try and get the ccj removed but not always straight forward by the sound of it and will take time.
They have offered no valid reason why its gone this far.
So i'm stuck with a ccj for the foreseeable future.
Thanks for all the advice.
caterhamboy said:
Well,
Been on to the insurance and brokers and they say that a full payment has been made today.
There solicitors are going to try and get the ccj removed but not always straight forward by the sound of it and will take time.
They have offered no valid reason why its gone this far.
So i'm stuck with a ccj for the foreseeable future.
Thanks for all the advice.
Caterhamboy, you need to complain, and loudly. Write to the Chief Executive of the company, threaten him with the Financial Ombudsman Service if he does not sort it out - sounds like a complete cock up, you are the one suffering, and they need to sort it. May be tough as it's not now totally in their hands, but itf it does not get removed I would be screaming for compensation for loss of reputation etc.Been on to the insurance and brokers and they say that a full payment has been made today.
There solicitors are going to try and get the ccj removed but not always straight forward by the sound of it and will take time.
They have offered no valid reason why its gone this far.
So i'm stuck with a ccj for the foreseeable future.
Thanks for all the advice.
caterhamboy said:
Hi, found out today i have a ccj ( a 1st ) after my insurance company has failed to deal with a compensation claim after an accident i had running into someone oct 2013.
1st knew about it was on 21/01/2015 when i received a court summons.
A summons was the first thing you received about this? Ever? The third party's solicitor will have sent at least two or three letters, and they obviously had your correct address if you received a summons. Court is a last resort. Something's not quite right there.1st knew about it was on 21/01/2015 when i received a court summons.
Yes 1st thing i had received since accident, it was oct 2013 and i thought it must have been all settled by this point.
Person i spoke to earlier sad that they had made an interim payment but were negotiating over costs.
What really gets me is that i sent the summons to them and they still didn't act, and the fact that on friday when i phoned them that i had received a county court judgement they said it was nothing to worry about and just send it to them.
I'm not a solicitor so why would i doubt this.
Last night when i got in from work i opened my mail from a company called
GK insolvency limited
saying that i had recently got a ccj and they could help.
that's when i checked my credit history.
If i hadn't who knows if they would have paid in the 28 days.
Person i spoke to earlier sad that they had made an interim payment but were negotiating over costs.
What really gets me is that i sent the summons to them and they still didn't act, and the fact that on friday when i phoned them that i had received a county court judgement they said it was nothing to worry about and just send it to them.
I'm not a solicitor so why would i doubt this.
Last night when i got in from work i opened my mail from a company called
GK insolvency limited
saying that i had recently got a ccj and they could help.
that's when i checked my credit history.
If i hadn't who knows if they would have paid in the 28 days.
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