Legal Question in Consumer Law in United Kingdom
wrongful court judgement
i had a car accident three years ago and was fully insured. both parties insurance companies refused to pay. other person took me to court, my insurance company said to leave it to them but did not turn up at court so it went against me. They then did not pay for three months so i have a court judgement against me for six years. this is causing me alot of problems. can i get it removed seeing as it was the insurance company who were paying the other party not me. this seems a bit unfair as i was insured.
1 Answer from Attorneys
Re: wrongful court judgement
The only way to have this adverse credit reference removed will be to have the judgement entered against you set aside. From what you say this may not be possible as the judgment was proper in that this was money owed to the claimant although you were entitled to an indemnity from your insurers.
The next best thing will be to have the judgment marked as satisfied and for you then to record a note at the credit reference agency explaining the circumstances.
From what you say it does sound as if your insurers are in breach of their liability under the contract of insurance you had with them. If so you should seriously consider bringing proceedings against them not only for the amount of the judgement entered against you but also for the damage that was done to your credit rating.
We would be pleased to assist and advise further in this if required.
Andrew Dutton
www.legal-zone.co.uk
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