Privilege Insurance CCJ Court Issue.

Discussion in 'Motorhome Insurance General Discussion' started by TeeMyob, Jul 30, 2016.

  1. TeeMyob

    TeeMyob Funster

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    Privilege

    Four Years ago They got me a CCJ in my name. Failed to turn-up to court, case went in favour of third party who hit the back of my van. AXA ended up sending high court bailiffs into the offices of privilege in Leeds who had to pay them off with a corporate credit card. Privilege also took away my no-claims.

    I only found out I had the CCJ last December. I have been corresponding and telephoning Privilege ever since.

    SEVEN months on, I still have the CCJ in my name and I have now got in-touch with http://www.financial-ombudsman.org.uk/ who so far have done very little.

    Suggestions Please?

    TM
     
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  2. emmitdb

    emmitdb Funster

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    Sorry to say but your posting is somewhat confusing.
    You say that Priviledge got a CCJ in your name, for what.

    You then put "Failed to turn up at Court" Who failed to turn up, you or Priviledge?
    You then say"case went in favour of third party who hit the back of my van"
    Can we assume AXA were representing the third party. If not, what have they got to do with it?
    First things first.
    When did you tell FO and put in a complaint? What is your complaint? Why did Priviledge initiate proceedings against you and why.
    The FO will do NOTHING for 8weeks AFTER you have made your initial complaint.
    In that time you should make Priviledge aware that you have contacted FO.

    Where are you at in the above?
     
    Last edited: Jul 30, 2016
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  3. pyro

    pyro Funster

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    If the CCJ has been satisfied then it should be easy to have that confirmed and credit rating restored

    I am assuming that Privilege were your insurer, for some reason Axa decided to issue a CCJ against you in person, but then decided to send in the bailiffs to Privilege

    All seems a bit curious. However, my dealings with both Privilege and their owners, Direct Line, has taught me that little is straightforward

    Agreed with @emmitdb
     
  4. Abacist

    Abacist Funster

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    I am surprised by this. If you were the named party to court proceedings then you would have been notified of the hearing and should have attended though you presumably assumed that Privilege would be attending on your behalf.

    I would imagine that you have a claim for breach of contract and damages against your insurance company. Take out a summons in the Small Claims court against Privilege claiming the value of your losses i.e. loss of no claims discount, the cost of putting your van right and damages to your reputation etc and any other costs. They failed to attend the court hearing, failed to win the case they should have won and failed to represent you and have cost you a lot of money.

    Provided you can prove you were insured by them and get the evidence that they failed to attend the court hearing etc I can't see how you can lose!
     
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  5. TeeMyob

    TeeMyob Funster

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    Okay, I ramble sometimes......

    I was involved in an accident in June 2012 whereby a driver ran into the back of me on a motorway slip road.

    He claimed I cut in on him (untrue)

    AXA, The third party case went to court and I was not aware of this. Privilege never attended the court hearing on my behalf and as such, the Third parties insurer (AXA) won the case and was awarded around £2,250.

    As Privilege failed to settle the claimants awarded amount and court cost. The Case was in my name and one of our old addresses and the new homeowners never forwarded me any of the correspondence. As a result of non payment. AXA Obtain an order for bailiffs to go to Privileges Head Office and as a result of them wanting to take goods away to the value of the debt. A senior member of staff had to settle the debt on a corporate credit card.

    All I knew from what Privilege told me was that the other party had won the case due to them having a witness (drivers Wife). Privilege at I took away my no claims and I just put it down to experience.

    Some time afterwards, I was declined for a Tesco Credit and simply applied for one for my Wife which was granted. Last year, I applied for a SANEF Toll tag and again I was rejected. Knowing full well I have an excellent credit rating. everything always paid in full early or on time. I kept saying I should look into the matter.

    However, back in December 2015, we applied for a Second mortgage and we had to provide a credit report. It was then where I found my CCJ and traced it back to the accident. I contacted Privilege from Spain who said it would take 3 weeks to get the CCJ removed.

    It was not removed by the end of January and after numerous telephone calls to my insurer, everyone I spoke to to said they could not find any details of such a claim or that they could not access it.

    So I wrote to them and they rang and said it would take a few weeks for a "Tomlin" order. They sent me a check for £750 and said that was the maximum they could authorise. I advised them it would not even cover the cost of their increased premiums and that I am looking for far more.

    The original lender we approached refused the mortgage due to the CCJ and we were accepted by another lender albeit at a higher interest rate.

    They have still not had the CCJ removed and I have now got the Ombudsman involved.

    This is not the first time this Insurer has cock things up. I never got paid for 1 weeks loss of earnings in 2006 when a driver side swiped me.

    Only two accidents I have had in 35+ years, neither my fault and this insurer has not dealt with the cases as they should have.

    Any clearer?
     
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  6. Smith and Sharp

    Smith and Sharp Funster

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    And you went back with them...? :eek:

    As @emmitdb said the FO have a timeline on how your complaint is dealt with....

    I believe the CCJ will say "settled" on your credit report if it has been paid off, but I believe it will stay on it for 6yrs...? Not sure on this as I used to deal with the FO and fianance, but it was quite a few years ago... And it has changed a bit and more so my memory .....:confused:

    Hope you can get it sorted...(y)
     
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  7. Minxy Girl

    Minxy Girl Funster Life Member

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    Yes it will be on the record for 6 years AFAIK ... I've currently got a problem with Carphone Warehouse's mobile network 'ID' who despite my cancelling some sim contracts within the allotted period of time, and their confirming this via email with nothing other than the initial single payment to be made (which was paid) I've now found out that I have 2 'debts' with them for £3 on each account which has been merrily chugging along in their system and they've now decided to 'flag' it as a debt for the credit referencing agencies (not on my reports previously) so now my credit report is showing that I am 'severely overdue' for 2 credit agreements to the tune of £6 in total! The amount isn't the issue its the fact that it gives 2 'negatives' that's causing the problem.

    I am very annoyed as ID have never contacted me to tell me this or to ask me to settle the 'alleged' debt, possibly because its such a small amount, so I've only found out by checking my credit report which is now being hammered by it! My credit record was almost perfect as I've never had anything like this before (it wasn't perfect due to me not having a regular income as I am 'retired' but don't get a pensions etc)!!!!

    I've just sent off a strong complaint email to them and hope they'll get it sorted out soon otherwise I too will be dealing with the ombudsman!
     
  8. Neckender

    Neckender Funster

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    Try this www.resolver.co.uk I have recently had great problems with BT to long a story to go into, they threatened me with bailiffs and also threatened to knock my credit rating.
    I set up resolver last Sat filed my complaint Tuesday had a phone call off BT everything now sorted I owe BT zilch all now sorted, I found resolver brilliant.

    John.
     
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  9. TeeMyob

    TeeMyob Funster

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    Yes, I carry industrial Gasses and it is very difficult to get people to insure my van as it is quite a specific vehicle.
     
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  10. Minxy Girl

    Minxy Girl Funster Life Member

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    Ah-ha ... so its YOU who's going round gassing all the motorhomers!!! :LOL:
     
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  11. Minxy Girl

    Minxy Girl Funster Life Member

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    Just to correct your link as it didn't work properly for me:

    http://www.resolver.co.uk/
     
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  12. Neckender

    Neckender Funster

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    I'd already tried and altered link as you posted Minxy.

    John.
     
  13. Minxy Girl

    Minxy Girl Funster Life Member

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    Thank goodness for that ... I thought I'd lost the plot! :D When I clicked on it originally it just came up as www.resolver and Google took me to some company in Canada about risk management! :eek:
     
  14. pyro

    pyro Funster

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    It is possible to apply to the court to have the CCJ set aside, on the basis that service was not properly effected - sent to wrong address

    However, you will have to prove that your (then) current address was known to the claimant

    As for Privilege, I would strongly advise you detail the costs you have suffered as a consequence of their neglect and claim against them. I presume you have household or business insurance with legal protection cover, in which case you may be covered. For the cost of a call.....
     
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  15. pyro

    pyro Funster

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  16. emmitdb

    emmitdb Funster

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    Hi TeeMyob,

    I can see that you have made things clearer.

    I can also see that you have been given loads of good advice on here.

    My dealings with the FO were as follows.
    Rang them re; an ongoing complaint that was 23mths old in December. I was told at that point that I had to sit on my heels for 8weeks to give the other (*&^%$£) chance to sort.
    In Feb, I think it was a Thursday, I contacted them.
    By Wednesday of the following week I had a grovelling apology from the 'other side' and by Friday, 8 days after my second chat with the FO the money was in my Bank.
    Now, that's what you call a quick result.
     
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  17. Minxy Girl

    Minxy Girl Funster Life Member

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    Update on my Carphone fiasco ... I've had an email response today and they've credited the accounts so they are now at zero balance and will pass this on to their credit file team to update their info. They've said it should be sorted in approx a week and I've asked them to confirm that this 'debt cancellation' information will be passed onto the credit referencing agencies so that it does not show on my reports ... we'll see ...
     
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  18. Minxy Girl

    Minxy Girl Funster Life Member

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    Whey-hey ... my credit score is back in the black (well green) again ... Carphone Warehouse have updated the credit record quicker than I expected so I'm now back to normal again! :D
     
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