Hi gina

Welcome to CAG

The guys will be happy to advise as soon as they are available.

If you have passed on all details to the Insurers to deal with and have not kept anything from them i.e. court claim papers, then there is no reason for the CCJ to have been awarded against you. Your Insurers would normally have entered into discussion with the third party Insurers to resolve their claim, to pay them the relevant amount, so the court claim could be discontinued. It sound like someone has just sat on the paperwork from the court or the court claim was not sent to the correct address. The court claim is normally sent to the policyholders address and the policyholders then sends it on to their Insurers. The Insurers then deal with it, so no court case. Normally for claims below £5k the Insurers just settle the third party claim, so they don't incur further costs.

Find out why you did not receive the court claim papers. Contact court that issued the CCJ, to ask for copies of court claim papers. Apply for a set aside on the basis of not receiving the claim and that you have Insurers that should have been dealing with it. If you speak to the court staff that deal with these issues on a daily basis, they can be very helpful. They will explain the CCJ set aside process. At the end of the process, hopefully the set aside will get rid of the CCJ, your Insurers will settle the third parties claim and you will have rectified the situation.

Hi thanks for that information i did receive court information but there was no date to turn up just a form to fill in for my income outgoing ect of which i took in person straight to my insurance brokers as i was worried about it as I've never dealt with any thing like this before, i also remember getting the papers allot later than the date stamp that was on the papers also think things may have been complicated as the other party also went to a solicitor instead of letting the insurance companies sort it out? Yesterday i telephoned my insurance company and it is still unclear why this has happened as they say they settled the amount she was asking. They say they have sent an email to the courts asking them to update their files to show the ccj is satisfied, but i told them that is not good enough for me as i don't believe it should be on my file for all to see as the situation of them not paying out because they felt she was asking to much was beyond my control. The insurance say they will reimburse me the 14.99 i paid for a credit report which is nice enough i so pose but if them or the other side moved quicker its apparent this would not of happened from what i can gather. A check for 15.00 arrived early this morning so it goes to show they can move when needed lol, i am going to ring them shortly to find out what they intend to do about this ccj many thank for you help. Gina

who was the claimant who issued the claim

it was not M.I.B was it

the only way to remove the ccj wouls be via a n244 application to set aside the judgement

who was the claimant who issued the claim

 

it was not M.I.B was it

 

the only way to remove the ccj wouls be via a n244 application to set aside the judgement

I agree. You need to look into getting the CCJ totally removed from your record i.e. a set aside. If you don't, the next time you apply for anything credit related, this could seriously affect you. Don't delay, as the court require any CCJ set aside to take place within reasonable time. If you leave it beyond say 6 months, you might not get it off your record, although a satisfied CCJ does automatically get removed after 6 years. A CCJ on your record, even if satisfied could mean getting turned down for loans/mortgages, even mobile phone contracts etc. If you did get offered loans/mortgages, these could be at high interest rate levels. So even if it costs you say £75 for a set aside, it will be worth it. No doubt you can reclaim these costs from whoever is responsible for this mess.

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/