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Wrongfully given CCJ on file because of Insurance Claim

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  • Wrongfully given CCJ on file because of Insurance Claim

    Hi, I am wondering if I can take this matter somewhere and try for compensation because of a CCJ on my record which is not my fault. It has resulted in rejected loan applications, even a monthly phone has been rejected as my credit score is very low, as well as this i have had issues with getting a mortgage with my partner.*
    Basically I was involved in a car accident in 2017 where i was at fault, which meant that my insurance company had to pay the other party the costs of the claim. My insurance company was dealing with the claim however couple of months after the claim was submitted i got a letter from the court about a CCJ and that i was required to pay the amount that was owned due to the accident. The insurance company informed me that it has all been paid off, and put me through to my solicitors who had dealt with this case. The solicitors told me that they will go through with dealing with the case and contacting the Courts in order to remove the CCJ from my credit file as it apparently had been paid on time but was not removed from the courts record.
    I am wondering if I am entitled to any kind of compensation due to this incident as it has taken over 3 years to be resolved and has affected my credit score greatly. It was either the courts fault for not removing the CCJ from my record or the solicitors fault for not paying the other party on time.*
    i hope i explained it well enough
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  • #2
    A letter from my solicitor confirming what has happened.*
    Attached Files

    Comment


    • #3
      Originally posted by DaveS12 View Post
      Hi, I am wondering if I can take this matter somewhere and try for compensation because of a CCJ on my record which is not my fault. It has resulted in rejected loan applications, even a monthly phone has been rejected as my credit score is very low, as well as this i have had issues with getting a mortgage with my partner.
      Basically I was involved in a car accident in 2017 where i was at fault, which meant that my insurance company had to pay the other party the costs of the claim. My insurance company was dealing with the claim however couple of months after the claim was submitted i got a letter from the court about a CCJ and that i was required to pay the amount that was owned due to the accident. The insurance company informed me that it has all been paid off, and put me through to my solicitors who had dealt with this case. The solicitors told me that they will go through with dealing with the case and contacting the Courts in order to remove the CCJ from my credit file as it apparently had been paid on time but was not removed from the courts record.
      I am wondering if I am entitled to any kind of compensation due to this incident as it has taken over 3 years to be resolved and has affected my credit score greatly. It was either the courts fault for not removing the CCJ from my record or the solicitors fault for not paying the other party on time.
      i hope i explained it well enough
      The CCJ was due to Alpha going into administration, i used to use Alpha for legal expenses and recall they folded a while ago. I think that the CCJ should be set aside, if the damages have been paid, as for claiming, who would you claim against? Alpha are dead as a dodo, the Claimant was fully entitled to sue and enter Judgment if Alpha failed to pay, the solicitors cannot do a great deal to stop you having a judgment as they dont pay the damages for you, so i am struggling to see who you could sue to get some damages
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        You could try a complaint to the FOS, although well out of time they might consider it. A complaint to the court might help too, if the ccj was satisfied within one month they are supposed to be removed from the record.

        Comment

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