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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 858
Experience:  8 years legal experience
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I had a car accident and the money owed by the insurance

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I had a car accident and the money owed by the insurance ended up falsely as my own liability and my credit rating has gone done significantly due to a ''county court judgment'. Why was my credit rating affected when I was insured?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I want to apply for a certificate of satisfaction but should I have even got the responsibilty of payment in the first place?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think it was egregiously wrong for me to receive a county court judgment when my insurance should have dealt with the payment.

It appears you may not have been insured or there was indemnity issues of some sort. Have you spoken with the insurance company? If so , what have they said? For the claim to get that far you would have been named as the defendant therefore during the course of litigation you would have received court papers enabling to either defend matters or at most not getting the sums enforced. The fact it has been enforced and affects your credit rating means matters have been ignored. Either way something has gone wrong somewhere you will need to speak with your insurance company and return to the site to provide more or a back story to this. Regards, John.

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Customer: replied 6 months ago.
Is because I received this letter saying: ''I give authority for MCE insurance Company Limited to admit liability in full, in respect of a road traffic accident on 29/06/2017. I consent to them dealing with the losses presented by the third party against my policy of insurance. I understand that any acceptance of liability will prejudice my position to pursue any losses I have incurred as a result of this accident.'' and didn't respond with my signature in time, could that possibly be the reason?

Possibly. If you never gave consent then they were unable to deal with it on your behalf so the debt goes against you personally. That makes more sense. If they were unable to pay for you then the monies become outstanding and registered against you. An unfortunate situation.

Customer: replied 6 months ago.
Ok, that makes more sense. Luckily once bailiffs showed up I got the insurace to pay up. I guess all I can do now is apply for a certificate of satisfaction and boost my credit rating to some degree. Thank you for your answers.

MCE insurance could have obtained verbal consent from you at the beginning of the claim or even prior to the judgement. I do not agree with their conduct in waiting for a signature for an accident that occurred over 2 years ago, as it could have been avoided. My next advice would have been for you to contact them and have them pay because they would have had a statutory obligation to do so anyway under the Road Traffic Act 88 but you have already done this. And yes, use form N443 for the certificate of satisfaction. All the best, John.

Customer: replied 6 months ago.
Now that you mentioned verbal consent over the phone I think I remember having to consent but it could simply be a false memory; Alas, our corrupt human minds easily falsify memories, especially in the long run. Could I ask them for the conversation I had with them as these are recorded if I'm not mistaken?

Yes you may. You can do a Subject Access Request (SAR) and you’re legally entitled to it.