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    • benson98
    • By benson98 7th Aug 17, 9:07 PM
    • 29Posts
    • 1Thanks
    benson98
    CCJ and 6 year limit and out of the country
    • #1
    • 7th Aug 17, 9:07 PM
    CCJ and 6 year limit and out of the country 7th Aug 17 at 9:07 PM
    Good evening everyone,


    Wasn't sure to post this here or in Debt-free Wannabe.


    I have a CCJ for a debt that has a default date of Sept 2011.


    The CCJ date is March 2015.


    I understand that the CCJ will remain on file for 6 years.


    However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.


    If I wait a month and if this is successful, will the debt be too old and drop off my file?


    I have had other debts removed from my file as I had no contact with them for over 6 years. Honestly, I'm a little giddy, I can't believe it.


    Your thoughts and advice please warmly appreciated.


    B
Page 1
    • Thrugelmir
    • By Thrugelmir 7th Aug 17, 9:50 PM
    • 55,530 Posts
    • 48,880 Thanks
    Thrugelmir
    • #2
    • 7th Aug 17, 9:50 PM
    • #2
    • 7th Aug 17, 9:50 PM
    I have rarely worked in the UK for the last 10+ years and when I don't work I travel. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.
    Originally posted by benson98
    The CCJ was only issued as you made no response to previous demands to settle an unpaid debt. What happened to your mail in your absence abroad? The fact you had no forwarding mechanism is not the concern of the court. The creditor merely has to serve papers on the last known address.
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • benson98
    • By benson98 7th Aug 17, 10:03 PM
    • 29 Posts
    • 1 Thanks
    benson98
    • #3
    • 7th Aug 17, 10:03 PM
    • #3
    • 7th Aug 17, 10:03 PM
    Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again.


    So there are two outcomes? If the court upholds the judgement I have to pay the debt.


    If the court sets the judgement aside will the limit have passed and the debt removed from my file?


    Thank you
    • TBagpuss
    • By TBagpuss 8th Aug 17, 9:02 AM
    • 5,949 Posts
    • 7,697 Thanks
    TBagpuss
    • #4
    • 8th Aug 17, 9:02 AM
    • #4
    • 8th Aug 17, 9:02 AM
    I think it is unlikely that the judgment will be set aside. It would be your responsibility to make arrangements for your post to be forwarded if you move away or out of the country.
    Service of a court claim is valid if it is sent to your last known address, so if you did not notify the creditor when you moved, and the claim form was posted to the last address they had for you, then it was properly serviced even if the fact that you didn't arrange for your post to be forwarded meant that you did not get it.

    So yes, you will have to pay the debt, plus interest on it from the date the CCJ was made until you clear it.
    • StopIt
    • By StopIt 8th Aug 17, 9:41 AM
    • 1,085 Posts
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    StopIt
    • #5
    • 8th Aug 17, 9:41 AM
    • #5
    • 8th Aug 17, 9:41 AM
    In order to get a set aside you have to prove to the court that you made reasonable efforts to update your creditors and also have a potential defence for the CCJ.


    If you say you didn't receive a CCJ because you moved, but offer no valid defence for the CCJ itself, it will not be set aside. Also waiting 2 and a half years lessens your chances further. So you need to formulate a defence for the CCJ as well as explain why you didn't update your creditors when you left the country and organise mail forwarding etc.


    It costs £255 to apply for a set aside, and is non refundable. Seek legal advice
    • benson98
    • By benson98 8th Aug 17, 1:14 PM
    • 29 Posts
    • 1 Thanks
    benson98
    • #6
    • 8th Aug 17, 1:14 PM
    • #6
    • 8th Aug 17, 1:14 PM
    What is considered reasonable effort to provide a forwarding address? I've read several posts on here. Some suggest that calling them by phone or going into a branch is reasonable. That is up to their customer service to action something. Also people have said that companies choose to ignore it so they don't have to chase in another country and can do their part by sending anything to the last address they have.


    Seeing legal advice... Let's see what they say.


    Thanks for the replies here.


    If I can't have it set aside and pay - what is my best way to speed up my credit worthiness? This thing will follow me for another 6 years or until the 6 years from the date it was in court?


    Thanks
    Last edited by benson98; 08-08-2017 at 1:16 PM.
    • StopIt
    • By StopIt 8th Aug 17, 3:19 PM
    • 1,085 Posts
    • 958 Thanks
    StopIt
    • #7
    • 8th Aug 17, 3:19 PM
    • #7
    • 8th Aug 17, 3:19 PM
    What is considered reasonable effort to provide a forwarding address? I've read several posts on here. Some suggest that calling them by phone or going into a branch is reasonable. That is up to their customer service to action something. Also people have said that companies choose to ignore it so they don't have to chase in another country and can do their part by sending anything to the last address they have.


    Seeing legal advice... Let's see what they say.


    Thanks for the replies here.


    If I can't have it set aside and pay - what is my best way to speed up my credit worthiness? This thing will follow me for another 6 years or until the 6 years from the date it was in court?


    Thanks
    Originally posted by benson98

    Reasonable effort would mean any action, preferably writing, but any way that you've told your creditors of any moves you make that affect them and their ability to contact you as a customer (Phone number changes etc.).


    If you're unable to prove that you made these efforts, a court will likely not grant set aside.


    Remember, this is only one part of the requirement to get set aside. What defence would you have to show the CCJ is challengeable?


    I note that you asked this question 2 years ago and you were advised to apply for a set aside then. You didn't heed that advice and the passage of time only makes things harder now.


    The CCJ will stay on your file for 6 years after it was filed, although a settled CCJ looks better than an unsettled one to potential lenders. An unsettled one is a big awooga as it indicates to lenders that you're unwilling to deal with debts, even when court action is taken.
    • benson98
    • By benson98 8th Aug 17, 5:11 PM
    • 29 Posts
    • 1 Thanks
    benson98
    • #8
    • 8th Aug 17, 5:11 PM
    • #8
    • 8th Aug 17, 5:11 PM
    Don't courts feel sorry for idiots? Will that be an advantage?
    • StopIt
    • By StopIt 9th Aug 17, 8:21 AM
    • 1,085 Posts
    • 958 Thanks
    StopIt
    • #9
    • 9th Aug 17, 8:21 AM
    • #9
    • 9th Aug 17, 8:21 AM
    Don't courts feel sorry for idiots? Will that be an advantage?
    Originally posted by benson98
    No. The courts only listen to legal arguments after all.


    The punishment for stupidity is arguably the CCJ itself, and without any viable challenge to it, it'll stay.
    • nic_c
    • By nic_c 9th Aug 17, 9:27 AM
    • 1,004 Posts
    • 581 Thanks
    nic_c
    Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again.
    So there are two outcomes? If the court upholds the judgement I have to pay the debt.

    If the court sets the judgement aside will the limit have passed and the debt removed from my file?

    Thank you
    Originally posted by benson98
    If you apply to set aside, you pay £255 fee but if you lose you have to pay the costs of the other side. If it is set aside, it doesn't mean the debt is set aside just the CCJ.

    After 6 years the CCJ falls off your credit file, but it is still enforceable - i.e. you still owe the debt and if you don't pay they can take extra action like Attachment of Earnings.

    The court only have to write to the last known address, the creditor only has to write to the last known address in the UK . If they were told you had gone overseas, they are under no obligation to find your address abroad and write to you there. Not sure there would be a point due to jurisdiction.
    • Thrugelmir
    • By Thrugelmir 9th Aug 17, 10:38 PM
    • 55,530 Posts
    • 48,880 Thanks
    Thrugelmir
    Don't courts feel sorry for idiots? Will that be an advantage?
    Originally posted by benson98
    Judges can be intimidating if they feel that they valuable time is being wasted.
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • Thrugelmir
    • By Thrugelmir 9th Aug 17, 10:44 PM
    • 55,530 Posts
    • 48,880 Thanks
    Thrugelmir
    If I can't have it set aside and pay - what is my best way to speed up my credit worthiness?
    Originally posted by benson98
    You won't. Your credit file will provide an accurate record on which lenders can base their decisions. Choice is yours.
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • benson98
    • By benson98 10th Aug 17, 10:16 AM
    • 29 Posts
    • 1 Thanks
    benson98
    My punctuation needs help. I meant to say if I can’t have it set aside, and I pay it anyway.
    My dispute it that the debt wasn’t enforceable. I’m an idiot for not following up the ‘prove it’ letter. Therefore I need to pay it.
    I’ve spoken to several legal advisors now and they all say the same thing. It’s too late to challenge it.

    So I’m off to build a time machine to go back and give myself a slap. Anyone else looking at similar issues should sort things ASAP. This is going to cost me tenfold in complications as I didn’t sort it out years ago.
    Thanks for the replies everyone
    • nic_c
    • By nic_c 10th Aug 17, 5:54 PM
    • 1,004 Posts
    • 581 Thanks
    nic_c
    not enforceable how? Because you weren't working, or because you were not in the country at the time - neither are grounds against a CCJ
    • benson98
    • By benson98 10th Aug 17, 11:19 PM
    • 29 Posts
    • 1 Thanks
    benson98
    Yes, I am aware that is not grounds. It was on the grounds that I had written to one of the other 8 DCAs involved with a prove it letter but never got anything back, only a statement or something. But as most have said + the legal advice I've had, it's too late to do anything about it two and a half years after that and I have to deal with the consequence of not following that up.
    • MEM62
    • By MEM62 11th Aug 17, 10:04 AM
    • 1,351 Posts
    • 968 Thanks
    MEM62
    However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.
    B
    Originally posted by benson98
    Give it you best shot if you want but it's not going to happen.

    What is considered reasonable effort to provide a forwarding address? I've read several posts on here. Some suggest that calling them by phone or going into a branch is reasonable. That is up to their customer service to action something. Also people have said that companies choose to ignore it so they don't have to chase in another country and can do their part by sending anything to the last address they have.

    If I can't have it set aside and pay - what is my best way to speed up my credit worthiness? This thing will follow me for another 6 years or until the 6 years from the date it was in court?
    Originally posted by benson98
    You can try an play semantics with what did and didn't happen with respect to notification of address changes but bear in mind that the Judge is no idiot and most do not suffer fools gladly.

    If you are effectively not resident in the UK why is the issue of your credit standing important?
    Last edited by MEM62; 11-08-2017 at 10:08 AM.
    • benson98
    • By benson98 12th Aug 17, 12:25 AM
    • 29 Posts
    • 1 Thanks
    benson98
    What sort of judge is it? Are there any on here?
    • cjmillsnun
    • By cjmillsnun 13th Aug 17, 10:48 AM
    • 205 Posts
    • 125 Thanks
    cjmillsnun
    There may be, but they are unlikely to make themselves known to you. To do so could put them in a conflict of interest should they then hear your case.
    • patman99
    • By patman99 13th Aug 17, 11:29 AM
    • 8,056 Posts
    • 9,466 Thanks
    patman99
    Benson98,, a judgement has been made against you by a Court of Law.

    It is too late to have the decision set aside. So your only options are to either pay the debt,or apply for a DRO or bankruptcy. It all depends on the size of the debt.
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