Active County Court Judgment

[space-invader]

I hope this is the correct place for this, looked all over and wasn't sure.

I just checked my credit file and it shows I have an Active County Court Judgment.

The date shows it is 4 years old and I have previously had letters explaining of a high court writ. The writ was received a couple of years ago. No action has been taken other than receiving this letter.

The amount is for around £5,000 and I think I know what it is for but totally disagree with owing the money to a company regarding the hire of a motor vehicle whilst my own vehicle was in for repair. The car was loaned and It was explained to me that the at fault insurers would foot the bill. This was not my insurance company but another company recommended by BMW where my car was going to be repaired. Also did have experience of using the company as I had a similar incident a few years previous so thought it was fine to use them again.

As I understand the at fault insurance company refused to cooperate with my insurance company and my insurance company paid for my repair and I did not lose my no claims as it was not my fault as the other driver accepted responsibility.

The original accident happened over 10 years ago but as I understand they took me to court just within 6 years.

The original fee for the loan of the vehicle was around £2,500 but because of interest is now just under £5,000. The first I knew of this was around 2 years ago when I received the high court writ.

Also just to add that when I took the car and at every point of contact with the company I was told there is no way I can ever be billed for the hire. They told me it was impossible it would cost anything.

What I want to know is how to dispute it, what can happen next? What do I do now? I dont have the money even if I did want to pay it. any help will be much appreciated.

[charitynjw]

Re: Active County Court Judgment

Hi, welcome to LB.

A writ of fi fa? (control)
AfaIk they are only valid for 12 months unless an application for extension has been made, or, in some cases, where there has been an arrangement to pay which has been reneged upon.

[ploddertom]

Re: Active County Court Judgment

Hi, welcome to LB.

A writ of fi fa? (control)
AfaIk they are only valid for 12 months unless an application for extension has been made, or, in some cases, where there has been an arrangement to pay which has been reneged upon.

I may be it was deemed"uncollectable" and the Writ returned to the Judgment Claimant - particularly if nothing else has been heard of since.

[space-invader]

Re: Active County Court Judgment

I produced a personal income and expenses to them proving I was on benefits with no assets available so they did not take any action.
If it is valid for only 1 year, obviously that time has now passed, what does that mean?
How will I know if another writ of control is issued?

Still shows as Active County Court Judgment on my credit file.

How is the best way to deal with this now?

If the writ was deemed"uncollectable" and the Writ returned to the Judgment Claimant, what would happen next? Surely there are important time frames, but what are they?

Thanks for the replies so far and thanks in advance for any help with this.

[ploddertom]

Re: Active County Court Judgment

I produced a personal income and expenses to them proving I was on benefits with no assets available so they did not take any action.
If it is valid for only 1 year, obviously that time has now passed, what does that mean? just that it has expired
How will I know if another writ of control is issued? you would receive another visit

Still shows as Active County Court Judgment on my credit file. It stays on your file for 6 years

How is the best way to deal with this now? Pay it in full if you have the means, CCJs never go Statute Barred so will always exist, but does drop off your credit file after 6 years whether paid or not.

If the writ was deemed"uncollectable" and the Writ returned to the Judgment Claimant, what would happen next? Surely there are important time frames, but what are they? There are other methods of enforcement they can choose - Charging Order if you own your own home, Attachment of Earnings if you work etc. Sounds as if they may have forgotten about you.

Thanks for the replies so far and thanks in advance for any help with this.

PT
PT

[space-invader]

Re: Active County Court Judgment

Just to clarify, there was no visit from anyone, just the notice I received through the post, I then contacted the company myself.
So I guess I would receive another letter or possibly a visit if they decide to try again.

Is there any way of challenging it?

As far as I know, this is because Tesco refused to communicate with my insurance company.

I was fully insured (fully comp) in a non fault accident that was admitted by the at fault driver.
And 10 years later I find out I owe £5k for the hire of a vehicle for less than a week. Surely this can't be right.

Surely there is something I can do to challenge this, paying up can't be the only answer to clear this?

Btw, Thanks ploddertom for your mega quick reply!

[ploddertom]

Re: Active County Court Judgment

I imagine originally this should all have been down to the Insurance Co to sort out. In the meantime I would not poke the tiger but leave him to slumber on.