CCJ removal - specific question.

Blackpool_Tower

Hi all,

I am hoping that someone with experience in this field can answer a specific question that I have with a CCJ.

Back in July 2007 I requested my Experian credit report and discovered that I had a CCJ for £211 dated July 2005. The CCJ was applied for in regard to a defaulted overdraft from a bank. I was unaware that it had been applied for although I was aware of the default.

As soon as discovered that I had the CCJ (in 2007) I paid the £211 owed and the judgement is now marked as a 'Satisfied Judgement'.

After reading around I have discovered that I can try and request that the default judgement be removed by submitting a N224 form. However the only possible legitimate reason I can find for not having responded to the default judgement was that I didn't receive the notice from the court. As notices are not posted by any form of recorded delivery this seems plausiable. Therefore my statement would, in so many words, say-

"I would like the default judgement to be set aside as I did not receive any documentation informing me that the judgement had been appllied for. As such I was not given the opportunity to defend myself nor respond in a timely manner once the judgement was made. After discovering the existance of the order on my credit record in July 2007 I immedately paid the disputed amount. Had I been given this opportunity at the time I would have been both able and willing to act in similar manner".

I have two questions regarding this application:

1) How likely is this to succeed? As no letters from Northampton County Court (the bulk center) are sent by recorded delivery it is surely easy for anyone with a default judgement to claim this? If so then surely CCJs would be ineffective?

2) Are there any dangers to my application failing? Would the refusal to alter the judgement affect the length of time that the CCJ stayed on my credit record?

If there is any chance of this succeeding I wouldn't mind risking the £75 to give it a go but I do not want to risk further damage

Many thanks for reading.

Blackpool_Tower

Well it is a CCJ and with it my credit score takes a huge dent. I'm currently scoring around 750. Without it this would increase. Furthermore regardless of my income most mainstream creditors will simple not lend to someone with a CCJ. The only option at present is to wait until 2011 for it to disappear.

Blackpool_Tower

My second post was in reply to a post which seems to have disappeared?!?

GeorgeUK

I can't see any risk other than costs if this does not succeed. As soon as you were aware of the debt, you paid it. At most i think all the court could do is insist on payment of the debt, but that is now a moot point. I'm not sure about the date of judgement being altered, but if you give nationaldebtline a call to go over what your intentions are, they will be able to advise.

malcolmcoles

Yes, my post has disappeared for some reason! It pointed to some drawbacks of setting aside a judgment. Often the 6 years CCJs stay on record starts again when the case is heard again after a set aside. In your case, where you want to pay within a month, there would be no record of the CCJ. So theoretically you can achieve your aim. I strongly recommend getting some advice though - get it wrong and the CCJ will stay on record not from 2005 + 6 years but from 2009 + 6 years.

Zingara

Regarding the CCJ, I had one several years ago and I found several lenders who disregarded it.

I had paid it within 2 months of getting it (no way I could have paid it any sooner unfortunately so was stuck with it for 6 years). My bank, who I had been with for several years, gave me a credit card with no problems and likewise a loan although I did wait and apply for the loan when the CCJ was about 3 years satisfied (and only had the loan then out of necessity). I also managed to get a mortgage, through a mainstream bank, at normal interest rates when the CCJ was 4 years old.

So, it isn't necessarily the end of the world if you don't get it removed.