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  • FIRST POST
    Laughorcry
    CCJ - Unaware and over 6 years old!
    • #1
    • 16th Sep 13, 7:30 PM
    CCJ - Unaware and over 6 years old! 16th Sep 13 at 7:30 PM
    Hi,

    I recently applied for a mortgage to find I had a CCJ against my name (that I was unaware of...till now). The County Court have no information as it has been over 6 years so the case file has been destroyed. After some detective work I have discovered that it is linked to a car accident I had in 2007. My car insurance company 'Endsleigh' decided to take the other insurers to court as they disputed the amount (I was not consulted about this). I was summoned to court, but after sending the documents to Endsleigh they reassured me that this was a mistake and that their solicitors were dealing with the case.

    My insurance company lost in court. This last thing I had heard was Endsleigh was settling the case.

    I have never had any letters from the County court.

    Unfortunately, I now have a CCJ against my name for over £4000 which I have no record of receiving. It was logged that Greenfield Solicitors' (on behalf of Endsleigh) made a payment in 2009, but the CCJ still remains, and under my name.

    I need some advice, how do I go about removing a CCJ over 6 years old?

    How do I prove that there has been an error and the insurance company is liable?

    Its been a week of constantly being passed between the insurance company, the sub-claims company, the solicitor and the county court. No one seems to have any answers to what has happened and I am being passed around without anyone taking responsibility.

    I have now lost the house I wanted to buy... its all a nightmare. Any advice would be appreciated

    Thanks in advance.
Page 1
    • Tixy
    • By Tixy 16th Sep 13, 7:52 PM
    • 31,081 Posts
    • 39,468 Thanks
    Tixy
    • #2
    • 16th Sep 13, 7:52 PM
    • #2
    • 16th Sep 13, 7:52 PM
    Have you managed to find out the date of the CCJ?

    If its over 6 years old now then any credit application search should not show it. Has it just gone over the 6year period between your mortgage application and now?

    To get a CCJ judgement 'reversed' you need to go through a set aside claim see here for some info http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_ in_the_county_court
    A smile enriches those who receive without making poorer those who give

    or "It costs nowt to be nice"
  • Laughorcry
    • #3
    • 16th Sep 13, 9:40 PM
    • #3
    • 16th Sep 13, 9:40 PM
    The claim was in July 2008, then a payment was made by the solicitor in 2009. The County Cournt have said they have destroyed the case file but the CCJ still states that I personally owe £4500.
    • john1002
    • By john1002 16th Sep 13, 10:58 PM
    • 667 Posts
    • 268 Thanks
    john1002
    • #4
    • 16th Sep 13, 10:58 PM
    • #4
    • 16th Sep 13, 10:58 PM
    Hi,

    In that case the CCJ will be on your credit files untill July 2014, 6 years. Best scenerio is to use the set aside process as you ahve found most companies involved have either no record or just dont want the trouble of helping you. Im sure you have your credit file so can pull the court office and case number to help with the forms for setting aside.

    You sound like you have a strong case but when the courts are involved anything can happen.

    Good luck

    This may take some time.

    john
    • Tixy
    • By Tixy 17th Sep 13, 5:29 PM
    • 31,081 Posts
    • 39,468 Thanks
    Tixy
    • #5
    • 17th Sep 13, 5:29 PM
    • #5
    • 17th Sep 13, 5:29 PM
    So the CCJ is not over 6 years old, that did seem impossible for it still to be on file if it had been over 6 years.

    A set aside application would be the way to go on the basis that you never received any paperwork in relation to the alleged debt or any court paperwork to have a chance to defend or even a copy of the judgement, and because you dispute that you owe anything in relation to this debt.
    A smile enriches those who receive without making poorer those who give

    or "It costs nowt to be nice"
    • Buzby
    • By Buzby 18th Sep 13, 10:17 AM
    • 7,899 Posts
    • 2,884 Thanks
    Buzby
    • #6
    • 18th Sep 13, 10:17 AM
    • #6
    • 18th Sep 13, 10:17 AM
    A set aside simply restarts the case again - which you will pay for.

    I would pursue the original Solicitors as it was their (in)actions that caused the problem.

    They need to seek a declaration from the pursers their claim has been met in full, and use this to seek removal of the judgement as a procedural error. You could additionally ask for reasonable compensation to cover your recent issues.
  • Laughorcry
    • #7
    • 18th Sep 13, 7:01 PM
    • #7
    • 18th Sep 13, 7:01 PM
    Thanks for your help, I am sending a long time chasing the solicitors, but no one is taking responsibility. I do not owe the money as I was insured, but trying to remove a CCJ is proving impossible!
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