trying to get CCJ removed

[lyoung]

Re: trying to get CCJ removed

The Claimant would probably have been aware when the claim was settled, but my point was why did they issue a claim in the first place if your insurers were handling the claim? They could hardly handle the accident claim without the other driver knowing.

I don't know why this is. My first reaction was that it was strange, but I don't know how it usually works.

The van rental company insurers paid the money I think??

Yes, they did. But it took them slightly longer than 28 days to do so, unfortunately.

[nemesis45]

Re: trying to get CCJ removed

I don't know why this is. My first reaction was that it was strange, but I don't know how it usually works.



Yes, they did. But it took them slightly longer than 28 days to do so, unfortunately.

Which company issued the claim and obtained judgement?

nem

[lyoung]

Re: trying to get CCJ removed

Do you mean the claimant's lawyers?

[nemesis45]

Re: trying to get CCJ removed

Do you mean the claimant's lawyers?

No the company, they are the people to approach re the CCJ and set aside.

nem

[lyoung]

Re: trying to get CCJ removed

The County Court Money Claims Centre?

[Diana M]

Re: trying to get CCJ removed

If I've now understood you correctly, it's your own insurance company which was slow to settle the claim so not the Claimant's fault you got a CCJ.

In fact if your insurance company paid out for the damage then that could only have been because you were liable for the incident. Wasn't the other driver (the Claimant) made aware of the insurance claim being progressed by your insurers?

Di

I thought the Claimant was the owner of the vehicle which was damaged by the OP who was driving a hired van at the time.

It was the OP's insurers who were slow to settle the claim so the OP got a CCJ.

I could be wrong

Di

[lyoung]

Re: trying to get CCJ removed

I thought the Claimant was the owner of the vehicle which was damaged by the OP who was driving a hired van at the time.

It was the OP's insurers who were slow to settle the claim so the OP got a CCJ.

Yes, that's correct.

I'm still really not sure what the way forward is though. It seems to be unfair that this CCJ is on my credit record, but I'm not sure whether I can do anything about it and how to go about it. Do I need to get the insurance company to do something, or the claimant's lawyers? I don't have much knowledge of this so I wanted to get some opinions on here before I start phoning people.

[charitynjw]

Re: trying to get CCJ removed

Which company issued the claim and obtained judgement?

nem

Seconded!
& the info is easily available either from the court documents or from the court itself.
AfaIk this will be needed in order to apply for a set aside &/or to seek Claimant's consent.

Another approach to this would be to add a Notice of Correction to the CRA file.
Details via the credit reference agency.

[nemesis45]

Re: trying to get CCJ removed

Post #4. " The insurance from my Van Rental Paid the claim" Not your personal insurer then?

nem

[Diana M]

Re: trying to get CCJ removed

Yes, that's correct.

I'm still really not sure what the way forward is though. It seems to be unfair that this CCJ is on my credit record, but I'm not sure whether I can do anything about it and how to go about it. Do I need to get the insurance company to do something, or the claimant's lawyers? .

This is going to be tricky because the reason you got the CCJ was your (rental van) insurers were slow to settle the insurance claim which caused the other driver to issue a county court summons.

This was done either in frustration at the time it was all taking to sort this or because their claim against you for the 'accident' was initially refused by your (rental van) insurers.

If that's correct then I can't see how the other driver (the Claimant) is at fault for anything to do with the issuance of the claim except serving it on the wrong address.

Your (rental van) insurers will wriggle and say it only took a long time because they needed evidence, statements etc because they won't admit to anything.

The full facts aren't totally clear (why the delay or even why the need for a claim if it was in the hands of insurers) but from what is known so far there's not an obvious Defence to the court claim if you were given a second chance to defend it (following any set aside). Especially since you've admitted liability and paid up (via your insurers).

I'll leave it to others to suggest the way forward but it may be wise to handle things in a non confrontational way if you're going to achieve your aim. You may well need the Claimant's co-operation if you've no reason to force the issue.

Di

[lyoung]

Re: trying to get CCJ removed

Thanks for the responses everyone. I've just called the County Court Money Claims Centre and Experian, who've each given me two different explanations of what I have to do to get the CCJ removed.

The woman at the CCMCC said I just need to fill in an N244 and pay the £250 fee. I asked her if this required consent from any other parties or if consent from other parties would affect the fee. She said that she was not aware of any other way of doing it and that consent is not required. She seemed confident that the N244 would be accepted and that the judgment would be set aside in my situation.

Experian told me that I need to ask the insurance company to send a letter to them (Experian) stating the amount paid, the date judgement was recorded, the case number, and the court where it was recorded, and they would remove the CCJ from their records. I would have to also ask the insurance company to send a similar letter to the other two credit agencies (call credit and equifax).

I'll see what people here say first, but I'm inclined to go with Experian's suggestion first. It seems like I don't have much to lose with this method. Before I contact the insurance company, I'll get in touch with the other two credit agencies to confirm that they work the same way as Experian. I might also send an email to Experian asking them to confirm what they told me on the phone.

Post #4. " The insurance from my Van Rental Paid the claim" Not your personal insurer then?

Not normal car insurance, no. It was insurance which I took out with the van hire.

Your (rental van) insurers will wriggle and say it only took a long time because they needed evidence, statements etc because they won't admit to anything.

I'm sure they will. But what could they actually do about it, even if they wanted to? What should I ask them to do?

I definitely want to deal with the situation in a non-confrontational way. I'm just not sure how to go about it.

[Diana M]

Re: trying to get CCJ removed

I've just called the County Court Money Claims Centre and Experian, who've each given me two different explanations of what I have to do to get the CCJ removed.

The woman at the CCMCC said I just need to fill in an N244 and pay the £250 fee. I asked her if this required consent from any other parties or if consent from other parties would affect the fee. She said that she was not aware of any other way of doing it and that consent is not required. She seemed confident that the N244 would be accepted and that the judgment would be set aside in my situation.

Experian told me that I need to ask the insurance company to send a letter to them (Experian) stating the amount paid, the date judgement was recorded, the case number, and the court where it was recorded, and they would remove the CCJ from their records. I would have to also ask the insurance company to send a similar letter to the other two credit agencies (call credit and equifax).

I'll see what people here say first, but I'm inclined to go with Experian's suggestion first. It seems like I don't have much to lose with this method. Before I contact the insurance company, I'll get in touch with the other two credit agencies to confirm that they work the same way as Experian. I might also send an email to Experian asking them to confirm what they told me on the phonet.

First of all the staff at CCMCC are not legally trained. You were simply being told the legal procedure for an application to the court for a set aside of the CCJ. That person cannot (and shouldn't) speculate on the outcome. She clearly had never heard of a Consent Order which avoids the need for an application.

If your goal is to get the CCJ removed from your CRA files then you may want to do what Experian suggested to you first. If that works (ditto Equifax and Call Credit) then it will be mission accomplished.

Why not explore that avenue before you 'go legal'.

Di

[lyoung]

Re: trying to get CCJ removed

It definitely seems like the more attractive option. I've emailed Noddle (Call Credit) and Equifax to ask if they will accept a letter as Experian suggested. I'll wait to see what they say before I phone the insurance company.

[Diana M]

Re: trying to get CCJ removed

It definitely seems like the more attractive option. I've emailed Noddle (Call Credit) and Equifax to ask if they will accept a letter as Experian suggested. I'll wait to see what they say before I phone the insurance company.

That makes sense.

And if it doesn't work you can try Plan B (an application to set aside the CCJ because the summons was issued to the wrong address).

Bowl underarm before your bowl overarm

Di