Notice of discontinuance but still CCJ

[mrobbo197]

Hi, this is my first time on the forums. I've had a look around and not yet found anything or anyone in the same situation as me.

In Feb 2011 I had a small car accident in works car park. Everything was being sorted with the insurance companies. Then a few months later without any warning I got a CCJ notice. I contacted the insurance company and they said yeah its procedure.

The guy had had a rental car while his was in for repair and was claiming the cost from me.

The insurance told me not to do anything with the forms just send the whole County court Judgment pack to them, nothing filled in and they will sort everything.

Then a few weeks later I started receiving mail from companies trying to help me due to my recent CCJ. I again rang the insurance company and they told me, there wasn't a CCJ and if there was it would get removed once the case is sorted, the insurance company didn't agree with the costs and they were fighting it.

Ok so I left it as that. The next letter I got was from the claimants solicitor with a copy of Notice of discontinuance dated 15/02/2012.
I was surprised but thought brill, after a year it's sorted.

Not long after, I got a letter from the insurance saying the case had been closed.

I was re leaved and happy that after a year it was over.

It wasn't till I tried to get a credit card and got refused that i started to query it. After looking on a credit reference site i DO have this CCJ against my name.

So what I'm asking is, If a case gets discontinued surely that means the CCJ is cleared?

[ploddertom]

Re: Notice of discontinuance but still CCJ

This is a common occurrence and it is your Ins Co responsibility to sort out. Once granted a CCJ can only be removed by either payment in full within 28/30 days or on a successful Set Aside application. As for the Notice of Discontinuance you need to find out exactly what this was for. Have you checked your Credit History?

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Yes checked my Credit history. This is how I found out the CCJ was showing. The Notice of discontinuance was for the said case and CCJ

[ploddertom]

Re: Notice of discontinuance but still CCJ

Was the CCJ granted before the NoD issued? if so how long between the dates?

[mrobbo197]

Re: Notice of discontinuance but still CCJ

The date on the credit file was aug 2011
the discontinuance was Feb 2012

[ploddertom]

Re: Notice of discontinuance but still CCJ

The date on the credit file was aug 2011
the discontinuance was Feb 2012

That will be why. As said in Post 2 "Once granted a CCJ can only be removed by either payment in full within 28/30 days or on a successful Set Aside application." The NoD will probably to discontinue any further action. You need to get back on to your Ins Co and ask they file a Set Aside application for you or if they won't make sure they will pay for you to so - cost of the application is £80 and is done on Form N244 which must be returned to the Court where the CCJ was awarded unless it has already been transferred to your local Court.

[labman]

Re: Notice of discontinuance but still CCJ

I stand to be corrected, but I think you will have to complete Form N244 to have the CCJ set aside:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

(Sorry PT - posts overlapped)

[Nikolai]

Re: Notice of discontinuance but still CCJ

What numpty thinks that it's ok to file notice of discontinuance AFTER judgement has been entered??? Once judgement has been obtained that's the end of the case (apart from housekeeping and enforcement of course), so it can't therefore be discontinued. It's legally impossible. See the Civil Procedure Rules on discontinuance: http://www.justice.gov.uk/search?&&&...discontinuance
Your insurance company needs to sort out this mess for one of its customers - you don't pay your premiums to get your credit rating trashed - why not tell them that?

[labman]

Re: Notice of discontinuance but still CCJ

What appears to have happened here, and it is very much the Insurance Compnay's responsibility to resolve it is a CCJ was awarded. This should have been settled within the 28 days, but wasn't, so the CCJ went onto your CRF. The Notice of Discontinuance sets out the other parties intention not to continue with anything, but this is really irrelevant now, as the CCJ is in situe on your CRF.

The only way now to get this removed is to complete form N244 as mentioned above (your insurance company should pay as it is their fault it has got to this stage). This will officially set aside the judgment and remove it from your CRF.

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Thank you for your replies and help. I shall be ringing the insurance company today. I'm not actually with them this year but will get it sorted. They told me it would be sorted once case closed, obviously not!

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Just finished from my call with the insurance.
they were under the impression all this was sorted. Their solicitor was dealing with it. They are now getting in touch with the solicitor and going to get the relevatant forms filled out to get this removed from my CRF

[labman]

Re: Notice of discontinuance but still CCJ

Excellent!

[ploddertom]

Re: Notice of discontinuance but still CCJ

Let us know what happens, good to know they are still interested.

[mrobbo197]

Re: Notice of discontinuance but still CCJ

I will let you know. Don't know how long it's going to take, but I just want it off my record. Can't believe it's been sitting there for over a year already.

[Celestine]

Re: Notice of discontinuance but still CCJ

You could well be due compensation for this CCJ.

You have been rejected for credit and suffered inconvenience.

Durkin v HFC got 8k :tinysmile_aha_t:

I would write to your insurers to demand compensation for this appalling mix up. Personally I'd ask for compensation in the region of 2k, to get more you would need to file a claim against them.

Take a look at our CRA and Wrongful Default forum for more info.