I wish people would consider the consequences...

[ginger ninger]

Could you not counter sue against her, at the end of the day she reversed into your OH..so she wasn't looking where she was going in the first place??? Its called " undew care and attention" I'd be looking for a good solicitor, she sounds like a right " BEP,money grabbing BEP, BEP." From what i've read, she was at fault and she must have known it. People shouldn't be allowed to clam of others so long after an accident, I agree with you Lizzylemon, its just not far. And sorry to hear about the house. xxx

[SarzWix]

I know it's hard when you're in this situation, but, now you know there's a problem and you can sort it out (you have settled the debt, so you can get it marked as such) so that when another house comes up you'll be in a better postition.
I'm a great believer in there being a reason for things happening, and I think I remember rightly that you weren't 100% certain about that house anyway? So maybe there's an even better one to find, and you'll be all ready to go for it when you find it?
(((hugs)))

[its hilly]

Lizzy, it sucks when you know you/oh wern't to blame. B****y ambulance chasing lawyers.
But from experience it usualy isnt the ccj that causes the worst damage but the fact that its not been marked as settled. Get your proof of payment from the court or wherever and get them to inform the credit reference agency involved as a matter of urgency. Contact your credit reference agency (usualy a company called Experian) and check the judgement is marked as settled and your credit file been updated. While thats happening go see the landlord/agency and explain that your reference is incorrect, and why, prove it to them. Then take an updated copy (the credit ref agency should supply this for a couple of quid) to show them.
I know that it probably wont save the house you want right now, but it will mean that if you go back to them in the future you will be ok, also they wont say anything to other agencies (they shouldnt really as its confidential info but in smaller towns etc word of a refused tenancy gets round)
Good luck

[Two_Sheds]

Same kind of thing happened to a friend of mine. She rolled into the back of the car in front in a traffic jam. Just touched bumpers, no damage.
Everyone gets out, says sorry, agrees there's no damage. Nice and civilised.

A bit down the line, she finds out that the guy had claimed off her insurance for substantial damage to the INSIDE of his boot. Obviously he had damaged it himself, and decided to sue my friend. She knew nothing about his claim, and didn't have a chance to contest it.

*everyone* thinks insurance fraud is a victimless crime

(I'm a bit vague on the details, but that;s the gist of it)

[FROSTYFRECKLE]

That really stinks. Can you rent via a private advert (no credit checking with an agency)

[quark1]

Persuming, of course, that OH was validly insured at the time and they said to ignore the issue - I would have thought it would be quite in order to return to the insurers - even if you've changed since - as any financial loss would surely be covered by the policy for the period of insurance with them?

Even if 3rd party liability 'were' found against you - at least that would be covered bar any excess? It is my belief that you have a right to expect your insurers to defend against this ruling and especially as it has been carried out 'in absentia'.

[lizzylemon]

So update everyone - lots of good advice from you all thank you.

I checked on the web and there's an excellent charity called trustonline.org.uk who specialise in ccj stuff (really recommend it as you can check your record on there too)

I had a really good read of their site and with the OH we set a plan of action into, well, action and part of the problem has been resolved.

Apparently, if a CCJ is paid in full within 30 days of the judgment, it should never go on your credit history record - ever - so it was a mistake for it to be there in the first place.

We've since contacted the relevant Court (Newcastle), the Insurance Company (who forgot to check after paying it) and the Personal Injuries Lawyer company (Birmingham), who have all confirmed verbally and now in writing, that there was no CCJ to mark on OHs credit history. His credit history will be amended accordlingly (no time scale as yet though)

OH went to the Estate Agents this PM and delivered the letter to the owner of Estate Agent who sneered, said they would do more checks to see what else we might be hiding and then put the letter to one side and walked out on OH.

The man plainly has a death wish!!

OH walked out incandescent with rage, got in his van and......well......the dashboard now looks a bit different.

We're playing it straight down the middle and being extremely polite etc to Estate agent as we need to feed him as much rope as possible to hang himself so we can get the money back. We paid £172 for the credit check, if it comes back clear (or sort of in our case) they should let you the property. The only reason they won't let after a credit check comes back clear is they personally don't like you and so can't keep the fee. We now think, after the preformance by Mr Morris this PM, it's now a personal issue and so they won't let to us no matter what.

I think after this much hassle, we probably wont go for it now even if they say we can. The idea of renting from an Estate Agent who's been so unprofessional fills me with dread and we both hate the idea of lining his slimy pocket with money.!!

What a blimming perlarva (sp) and it's only the 1st one. !!!!!!!!!!!!!!!

[lizzylemon]

I know it's hard when you're in this situation, but, now you know there's a problem and you can sort it out (you have settled the debt, so you can get it marked as such) so that when another house comes up you'll be in a better postition.
I'm a great believer in there being a reason for things happening, and I think I remember rightly that you weren't 100% certain about that house anyway? So maybe there's an even better one to find, and you'll be all ready to go for it when you find it?
(((hugs)))

Spooky - it's like reading my own thoughts only calmer LOL.

Seriously, exactly right and now it's over 24 hours past, I can be more sensible about it too.

I agree, fate is making it very difficult and I had reservations so I think we'll pass - it's just very tricky to know whats the right thing to do though, cos as always, it's not black and white at the moment.

I think we're both worried that come October we'll be given notice on this house: our current landlord sublets the farm, farm houses, ours and next door from someone else. But our LL has been given notice on the farm, land and properties which comes to fruition October and we have no idea whats happening. We've asked the LL and he's playing dumb so no help at all.

With the market so slow as to be pronounced DOA, we're worried about letting a good, OK priced rental pass by 'cos the chances of finding similar are very remote at the moment.

Answers on a postcard anyone??

[Hilary B]

Spooky - it's like reading my own thoughts only calmer LOL.

Seriously, exactly right and now it's over 24 hours past, I can be more sensible about it too.

I agree, fate is making it very difficult and I had reservations so I think we'll pass - it's just very tricky to know whats the right thing to do though, cos as always, it's not black and white at the moment.

I think we're both worried that come October we'll be given notice on this house: our current landlord sublets the farm, farm houses, ours and next door from someone else. But our LL has been given notice on the farm, land and properties which comes to fruition October and we have no idea whats happening. We've asked the LL and he's playing dumb so no help at all.

With the market so slow as to be pronounced DOA, we're worried about letting a good, OK priced rental pass by 'cos the chances of finding similar are very remote at the moment.

Answers on a postcard anyone??

Sounds like the owner has 'plans'; either to sell, or to redevelop (or sell for redevelopment).

Does the person you rent from 'work' the land? Proper Agricultural tenancies are pretty secure, but other types of renting of farm land are another matter entirely!

I'm not certain on this one, but I THINK with a tenanted farm, if it changes hands (for whatever reason, including inheritance) it is normal for the tenant to be given notice, but often just a formality before entering into a new tenancy, but it probably depends on all sorts of details of the tenancy anyway.

I think you should take the tenancy issue to the CAB....

P.S. You might find it useful to ask the local council whether there have been any planning applications on the land, and what the land is classified under by the planning department. If you can visit the offices, and tell them (in person) why you want to know, you may well get a clearer answer than any other way. The people in the Planning Department can be quite human, but only when approached personally by a member of the public. If a 'professional' person asks (and sometimes if you write or phone) you tend to get the 'system's answer.

[lizzylemon]

Thanks Hilary. I think you've hit the nail on the head with the inheritance angle. Both the actual owners and the tenant farmer's 'Old Man' died last year so the children are collating and evaluating their gains.

The Tenant farmer has sold his own land and has moved 'Darhn Sarf' which I think is a bit odd if you're planning to continue farming. He has a farmer manager but still.....

The owners 'children' are assessing their assets (luckily the farm is a working farm so the land can't be sold off for anything else) and it might be that we just end up with another landlord and nothing more drastic. It might even work in our favour as the owners might actually pay some money for the repairs the house desperately needs.

With no-one telling us anything, we have so many scenarios it's impossible to guess. We'd just like to know so we can make plans.

[ginger ninger]

Piggin Hell Lizzy,
It must be terrible dangling not knowing what's going to happen, work with the facts that you have, not with what you think might happen or it'll drive you mad, but at least there looks like there's some light at the end of the tunnel, I do hope things turn out OK for you and OH.
That Mr Morris sounds like a right sleezzzz bag, not a nice man at all.
Good Luck with your quest. xx

[OllieMartin]

Nasty situation.

I'd speak to Experian about it. As the CCJ appears on your credit history I believe you can post something called a 'notice of correction', this allows you to explain why you have certain credit issues. When you are credit searched by any company the notice of correction is flagged and they are required by law to investigate it. It is then up to their underwriters to decide whether or not to take the CCJ into account.

Having trained people in the financial services industry for several years I'm pretty confident this will work with financial services companies, however, I'm not sure if the same checks have to be performed when credit checking you when you want to rent somewhere. I've also never done it myself so only know the theory.

Either way, I'm sure Experian are the people with whom to talk.