Insurance CCJ

[tosh1]

Hi

 

Not sure if I am the right thread but please udjust if required.

 

Basically I was involved in a car accident in Feb last year. I exchanged details with the other party and as there was no damage to either car, I left it as that. In Decemeber I recieved a bill of £1500.00 for damage to the other car. I spoke my insurance company and they took over. They agreed that the fault was mine and they would pay for damages to the other car.

 

I recieved a letter from the court asking that I should the amount outstanding and passed this on to the insurance company who advised that they would pay and take over and that I do not need to do anything. My insurance company failed to pay. The court date came and went and a CCJ was placed on my name. This has been passed to the insurance company who have passed this on their solicitor who has agreed to pay and try and remove the CCJ from my name.

 

My question is am I entitled to money as it has cost me postage and also money to access my credit file as well as a bad credit name (not able to take out a loan)

 

Thank you

[fkofilee]

Youd need to complain to the insurer...But the site team may know more...

[TSxxx]

Make a formal complaint to the insurer (I would ring them and ask for it to be logged as a formal complaint - most would probably suggest to write - either way is valid) - they then have 8 weeks to respond.

 

If you are unhappy with their response, you can escalate to the FOS free of charge.

 

If the insurance company have caused the mistake, expect a token gesture (£100 or so) plus any costs you can evidence. If you can show that the effect of this has caused financial problems for you then they should be compensating you further if you can provide evidence - but you will not be compensated for things which could' have happened, only things which have actually happened.

[samjohnson19]

if you have insurance they will cover this, you should not have a ccj. it is error by insurance company do not accept £100, a ccj can be life changing!

[obiter dictum]

I might get slapped for this but:

 

Even though you pass the clam over to your insurance company, it is still your responsibility as the claim is in your name, not the insurance company

 

The responsibility is still on you to chase up the insurance company and make sure they have paid the judgement to the court before the CCJ was registered

 

Besides that i can see no reason if all are in agreement for the judgement to be set aside.

 

Make sure your insurance company pays the £155.00 application fee to the court though to set aside the judgment

[tosh1]

Hi

 

Just an update

 

the insurance company have offered to compensate me £1000

[Old Cogger]

have they indicated the £155.00 fee to be paid by them as the other money is Restitution only!?

[tony3x]

What I don't understand is that there was 10 months between the accident, that the OP said there was no damage, and the claim. Something wrong here. There must have been some more communication. The insurance company would have asked for full details and, unless blatantly the OP's fault, would have requested statements from both sides.

 

Also, as there was 'no damage' why didn't the OP question the claim amount.

[unclebulgaria67]

Hi

 

Just an update

 

the insurance company have offered to compensate me £1000

 

Did they clear the CCJ or is that still on your record as settled ? If it is on record, it will be on there for 6 years and could affect credit applications.