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Removing a CCJ from my credit record.
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# 1
toknee86
Old 09-12-2012, 9:14 PM
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Join Date: Dec 2012
Posts: 1
Question Removing a CCJ from my credit record.

Hi,

I hope I have the right place. I have read the rules regarding this forum and believe I've got the right place but if not please could you direct me to the correct forum.

About three years ago I was Issued a CCJ from a solicitors firm who were pursuing an accident claim on my behalf. They had been pursuing my claim for a number of years but after a while informed my that a police statement made by me voided my claim and as I hadn't informed them about the statement I was liable for the cost incurred during the claim procedure. Firstly I had no idea that a statement had been taken by the police as this happened directly after I had just been hit by a car so I was understandably delirious, also I was intoxicated.

It later turned out that the solicitors had retrieved the statement from the police at the start of the claim but dragged the process out for a number of years before informing me of said statement.

Upon receiving the CCJ I responded with my defense but due to postal strikes my defense was not received on time so I had to apply for my case to be set aside at a hearing.

The Judgement from the hearing was, quoting from the original judgement "Unless the Claimant files their Allocation Questionnaire by no later than 4pm on 19th November 2009 the claim shall stand struck out without further order and the Claimant shall be liable for the costs which the Defendant has incurred".

The Claimant never filed the Allocation Questionnaire and the case was struck out, thus meaning I was no longer liable for the CCJ which was issued against me.

Fast forward to recently. I have been trying to rebuild my credit score and square up with overdraft debts I incurred while studying at university. I recently applied for a credit card to off set a little bit of my spending to try and give my credit score a boost. Needless to say I was declined the credit card, the reason being that I have a CCJ registered on my credit score.

This is the first I was aware of this and I assumed the CCJ would have been removed from record after winning the case. I have done numerous searches online on what steps I need to take to get this CCJ removed but have been unsuccessful in finding advice which suites my circumstances. I would be very grateful for any advice anyone here can offer me as I simply don't have a clue where to start.

I have all the paperwork from the start of the claim to the end of the court proceedings. The last letter I received from the court was regarding the order for the Claimant to file an Allocation questionnaire, I never received confirmation in writing that the Claimant hadn't filed their Allocation Questionnaire, I had to phone the court after the date mentioned to receive the verdict.

Thanks in advance

Last edited by toknee86; 09-12-2012 at 9:16 PM.
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# 2
Wywth
Old 10-12-2012, 10:21 AM
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Join Date: Jun 2012
Posts: 5,030
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Quote:
Originally Posted by toknee86 View Post
Hi,

I hope I have the right place. I have read the rules regarding this forum and believe I've got the right place but if not please could you direct me to the correct forum.

About three years ago I was Issued a CCJ from a solicitors firm who were pursuing an accident claim on my behalf. They had been pursuing my claim for a number of years but after a while informed my that a police statement made by me voided my claim and as I hadn't informed them about the statement I was liable for the cost incurred during the claim procedure. Firstly I had no idea that a statement had been taken by the police as this happened directly after I had just been hit by a car so I was understandably delirious, also I was intoxicated.

It later turned out that the solicitors had retrieved the statement from the police at the start of the claim but dragged the process out for a number of years before informing me of said statement.

Upon receiving the CCJ I responded with my defense but due to postal strikes my defense was not received on time so I had to apply for my case to be set aside at a hearing.

The Judgement from the hearing was, quoting from the original judgement "Unless the Claimant files their Allocation Questionnaire by no later than 4pm on 19th November 2009 the claim shall stand struck out without further order and the Claimant shall be liable for the costs which the Defendant has incurred".

The Claimant never filed the Allocation Questionnaire and the case was struck out, thus meaning I was no longer liable for the CCJ which was issued against me.

Fast forward to recently. I have been trying to rebuild my credit score and square up with overdraft debts I incurred while studying at university. I recently applied for a credit card to off set a little bit of my spending to try and give my credit score a boost. Needless to say I was declined the credit card, the reason being that I have a CCJ registered on my credit score.

This is the first I was aware of this and I assumed the CCJ would have been removed from record after winning the case. I have done numerous searches online on what steps I need to take to get this CCJ removed but have been unsuccessful in finding advice which suites my circumstances. I would be very grateful for any advice anyone here can offer me as I simply don't have a clue where to start.

I have all the paperwork from the start of the claim to the end of the court proceedings. The last letter I received from the court was regarding the order for the Claimant to file an Allocation questionnaire, I never received confirmation in writing that the Claimant hadn't filed their Allocation Questionnaire, I had to phone the court after the date mentioned to receive the verdict.

Thanks in advance

Have you contacted the credit reference agency involved?
What have they got to say about it?
If it's an error, they should remove it.

If it's not an error, they should be able to give more details.
It concerns me that you don't appear to have received a written judgement from the court; you only claim to have been informed of the outcome after you called the court.
I suggest you write to the court and ask for a copy of the final judgement.

http://www.google.co.uk/url?sa=t&rct...95P4AQkoEVTGsA

Last edited by Wywth; 10-12-2012 at 10:29 AM.
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# 3
CAB Swansea Bay representative
Old 11-12-2012, 6:28 PM
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Join Date: Jun 2012
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Hi toknee86, thank you for your query regarding removing CCJ from credit file
I would suggest you contact the court which dealt with the claim and ask them to remove the CCJ form the register of judgements as the set aside was granted as the claimant never responded. You can find the telephone number of any court at www.direct.gov but you will need to quote the claim reference and they may be a small administrative charge.
Hope this is of assistance.
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