Car Incident affecting Credit Score
Car Incident affecting Credit Score
Author
Discussion

BlackCup

Original Poster:

1,235 posts

206 months

Monday 23rd January 2023
quotequote all
Car incident:

Wife had a car incident, pulling out of a blind(ish) T junction. Moped coming with right of way around a line of parked cars when wife makes turn right, passes him he claims wife pulled out on him. Wife denies this says she was past him and must have startled him and he can’t have being paying attention.
Initially his claim was he hit her car but after police evidence showed no such damage he changed his tune.
He falls off before the junction, old moped written off etc. No impact with each other, he said/she said, insurance wanted to split 50/50, he wanted £4k comp.

It is a crap junction and one of those where you have to eventually take a leap of faith and hope the other traffic aren’t speeding, if you creep out it’s just as bad.

Adamant my wife did nothing wrong and we didn’t want to be punished with an insurance claim for years we insisted we fought the claim.

All irrelevant really as it went to court and although it seemed to go really well we lost… extremely disappointing but what can you do…

Looking at our policy it has a claim value of £17k, absolutely crazy?!

The next part is what I am confused about.

Wife got a message through NatWest today saying the following;

“A Court Judgment was recorded against you on 2022-12-15, which is significantly impacting your credit score.
Whilst the impact of the Court Judgment has started to reduce due to the length of time that has passed since it was added, your score will continue to be impacted until it is removed on 2028-12-15.”

Her credit score through a company called TransUnion who NatWest use was at 667/710 rated Excellent and has gone down to 550.

Can anyone explain why this has happened and is there anything that can be done?

It’s not the end of the world but after a series of really really sh*t events in the last year and being in the midst of a full on house renovation that may require further borrowing I’m keen to work out if anything can be done…

Many thanks for anyone’s legal perspective or previous experience

Matt

quinny100

1,001 posts

209 months

Monday 23rd January 2023
quotequote all
Your wife lost the case in the County Court, so now has a County Court Judgement against her.

See https://www.experian.co.uk/consumer/guides/ccjs.ht...

Specifically the section titled “Can I remove a CCJ from my credit report?“

number2

5,009 posts

210 months

Monday 23rd January 2023
quotequote all
Sounds like it's a county court judgment. Court awarded a party payment and that payment wasn't made.

Could be some confusion with the insurance company not picking up the whole tab, or it could be an unrelated issue.

I'd get a full copy of your wife's credit report, to see what it is and go from there.

If it's a misunderstanding with the insurance company I believe it's possible to get it put right/removed from the report. Might be tricky with a CCJ though.

craigjm

20,453 posts

223 months

Monday 23rd January 2023
quotequote all
Sounds like the insurance company didn’t settle the case value after the court judgement or didn’t do it in time so a CCJ was raised against you. Complain to the insurance company and if you get no joy the financial
Ombudsman. In this kind of case a CCJ can be removed and even compensation awarded by the ombudsman

BlackCup

Original Poster:

1,235 posts

206 months

Monday 23rd January 2023
quotequote all
Thanks chaps much appreciated, will get a copy of the credit report and call the Insurers asap.

Thanks again
Matt

KungFuPanda

4,583 posts

193 months

Monday 23rd January 2023
quotequote all
Probably just echoing what others have said but a CCJ in itself won't effect your credit score. Once a CCJ is made or entered, the Defendant has 30 days to pay that judgment. If it's paid within 30 days, it will be deleted from your credit record with no trace whatsoever. If it's paid after 30 days, it will still show on your credit record as "Satisfied" but it will still show.

Sounds as though your motor insurer hasn't settled the Judgment debt in a timely manner hence it's still showing on your credit record. Get onto them and play merry hell with them.

sugerbear

6,285 posts

181 months

Monday 23rd January 2023
quotequote all
KungFuPanda said:
Probably just echoing what others have said but a CCJ in itself won't effect your credit score. Once a CCJ is made or entered, the Defendant has 30 days to pay that judgment. If it's paid within 30 days, it will be deleted from your credit record with no trace whatsoever. If it's paid after 30 days, it will still show on your credit record as "Satisfied" but it will still show.

Sounds as though your motor insurer hasn't settled the Judgment debt in a timely manner hence it's still showing on your credit record. Get onto them and play merry hell with them.
Once the CCJ is past the 30 days the OP will find it incredibly hard to obtain credit and if they do it will be at rates that are very high compared to their pre-CCJ days.


BlackCup

Original Poster:

1,235 posts

206 months

Monday 23rd January 2023
quotequote all
Thanks everyone, got this back from the solicitor; (I.C stands for insurance company)

Following the court hearing, Mrs BlackCup was found to be responsible for the incident and therefore Judgment was entered against her. The Court ordered payment to be paid by the 12 January 2023. In fact, payment was made before Christmas via BACS to the Claimant’s solicitor. It is therefore likely the Claimant’s solicitor has failed to inform the court, hence why the Judgment has been registered by the Court despite payment in satisfaction.

I have asked the Claimant’s solicitor for confirmation that they have informed the court of satisfaction as it could be an error on the courts end due to delays processing over the Christmas period.

Ultimately as this Judgment was satisfied within time scales, it should have been ‘cancelled’ and should not have appeared on your partners credit file. Once the claimant’s solicitor sends me the confirmation of satisfaction, I can file a form with the court to confirm cancellation. I will update you once this has been done.

I.C do not have access to the court record or credit history databases so the only way anyone at I.C could be informed is by the customer (in this case, yourself).

I can write to the registry trust who can remove Judgments from an individuals credit history for these sorts of judgments however it would be better and more appropriate to ensure it is cancelled on the Courts end which will filter back through to the credit agencies.

KungFuPanda

4,583 posts

193 months

Monday 23rd January 2023
quotequote all
sugerbear said:
KungFuPanda said:
Probably just echoing what others have said but a CCJ in itself won't effect your credit score. Once a CCJ is made or entered, the Defendant has 30 days to pay that judgment. If it's paid within 30 days, it will be deleted from your credit record with no trace whatsoever. If it's paid after 30 days, it will still show on your credit record as "Satisfied" but it will still show.

Sounds as though your motor insurer hasn't settled the Judgment debt in a timely manner hence it's still showing on your credit record. Get onto them and play merry hell with them.
Once the CCJ is past the 30 days the OP will find it incredibly hard to obtain credit and if they do it will be at rates that are very high compared to their pre-CCJ days.
Yep you're right. That's why the OP needs to get onto his insurers to sort this out. If it's after the 30 days, I'm not sure what they can do.

KungFuPanda

4,583 posts

193 months

Monday 23rd January 2023
quotequote all
BlackCup said:
Thanks everyone, got this back from the solicitor; (I.C stands for insurance company)

Following the court hearing, Mrs BlackCup was found to be responsible for the incident and therefore Judgment was entered against her. The Court ordered payment to be paid by the 12 January 2023. In fact, payment was made before Christmas via BACS to the Claimant’s solicitor. It is therefore likely the Claimant’s solicitor has failed to inform the court, hence why the Judgment has been registered by the Court despite payment in satisfaction.

I have asked the Claimant’s solicitor for confirmation that they have informed the court of satisfaction as it could be an error on the courts end due to delays processing over the Christmas period.

Ultimately as this Judgment was satisfied within time scales, it should have been ‘cancelled’ and should not have appeared on your partners credit file. Once the claimant’s solicitor sends me the confirmation of satisfaction, I can file a form with the court to confirm cancellation. I will update you once this has been done.

I.C do not have access to the court record or credit history databases so the only way anyone at I.C could be informed is by the customer (in this case, yourself).

I can write to the registry trust who can remove Judgments from an individuals credit history for these sorts of judgments however it would be better and more appropriate to ensure it is cancelled on the Courts end which will filter back through to the credit agencies.
Good news for you. Just reinforces my long held view that all Claimant Solicitors are scum...


craigjm

20,453 posts

223 months

Monday 23rd January 2023
quotequote all
KungFuPanda said:
Good news for you. Just reinforces my long held view that all Claimant Solicitors are scum...
or more importantly you should keep an eye on your credit record as the OP has done

surveyor_101

5,069 posts

202 months

Monday 23rd January 2023
quotequote all
KungFuPanda said:
Good news for you. Just reinforces my long held view that all Claimant Solicitors are scum...
Judgement is NOT CANCELLED its not a netflix subscription, it is merely set aside! This means the judgement should not normally be registered with credit reference agencies. The judgement and the case is still a court record against your wife. It can come up on certain searches even then for example a government security check and mortgage lender checks.

As stated this is if you pay a judgement within 30 days of it being issued. The judgement is valid and your wife going against all advice (who by the sounds can't be wrong) has taken a 6k to 17k!

Now have the hassle of trying to get it set aside retrospectively but in my experience this may well come up and have an impact for the 6 years.

Next step...

You can enter a notice of correction with all credit reference agencies showing it was satisfied in the 30 day period and should have been set aside.


You can take the advice on here but I fear your wife might be one of those people who feels she knows better.....

craigjm

20,453 posts

223 months

Monday 23rd January 2023
quotequote all
surveyor_101 said:
Next step...

You can enter a notice of correction with all credit reference agencies showing it was satisfied in the 30 day period and should have been set aside.
Good point

BlackCup

Original Poster:

1,235 posts

206 months

Wednesday 25th January 2023
quotequote all
Another update;

“Good Afternoon,
By way of update, the Claimant has now informed the court of settlement so I have submitted the relevant application form to cancel the judgment. I await the courts response.
I will update you once the court respond.”

And I asked about who contacts the credit agencies:

“Once the court respond, as long as they cancel the judgment, this should automatically filter through to the relevant credit agencies.

Of course if there are any issues with your partners bank, please feel free to send them this email chain or ask them to speak to me.”

Thanks, Matt

surveyor_101

5,069 posts

202 months

Wednesday 25th January 2023
quotequote all
BlackCup said:
Another update;

“Good Afternoon,
By way of update, the Claimant has now informed the court of settlement so I have submitted the relevant application form to cancel the judgment. I await the courts response.
I will update you once the court respond.”

And I asked about who contacts the credit agencies:

“Once the court respond, as long as they cancel the judgment, this should automatically filter through to the relevant credit agencies.

Of course if there are any issues with your partners bank, please feel free to send them this email chain or ask them to speak to me.”

Thanks, Matt
I don't trust people who say cancel to a valid court judgement, in the case the court found against your wife, its just it get SET ASIDE!

No one is saying the court was wrong the verdict stands and is paid on behalf of your wife.

I would still enter a notice of correction with credit references agencies a 17k CCJ is never going to have a positive effect on lending decisions.

You may also consider claiming compensation from the claimant as if indeed it was SATIFISIED in full within 30 days then the adverse effect on your wife's credit should never of happen, you may find it could take a month of few to get this mortgage resolved and that lender may always hold a record of such adverse history.