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Jacks1919
Posts: 10 Forumite
I’ve just checked my credit file and noticed a CCJ was added to it 4 months ago. This was made against me at an address I moved out of nearly 5 years ago and all correspondence was sent there so I knew nothing about this. Can they do this? I was saving for a mortgage deposit and now I’ve got no chance of getting a mortgage! So angry!
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Comments
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Had you provided the other party with your current address?
If not, they have acted accordingly.0 -
Did you know you owed money to someone, but thought they'd forgotten ?0
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If the debt is in dispute, you need to apply for a Set Aside with the courts.
It costs £250~ to do, and only resets the process, meaning they can go back and get another CCJ if you don't have a strong enough defence. Not updating your address with a creditor is not normally enough to get a Set Aside but get legal advice to look at your case.
You can get details of the case from your court, and fight from there.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0 -
Hi Jacks and welcome to MSE,
Unfortunately, claim forms only have to be sent to the last known UK address so if you had moved and not told them, that is most likely why you missed them.
You could consider a set aside application (it is actually £255) but as StopIt says, this only takes the process back to the beginning. The court will normally assess how long it has taken you to file this, why didn't you reply to the original forms and do you have a realistic prospect of a defence. Legal advice is essential because if you file this and are unsuccessful you can incur the legal costs of the other side and end up owing more.
If you have no defence to the debt itself and can pay it in full then at least the status of the CCJ will change from defaulted to satisfied. Whilst this may not instantly improve your rating, it will send it in the right direction. You could then consider talking to an independent mortgage broker for more advice (just be mindful of their fees).
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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