Repairing credit/CCJ

Madfish

Hi all, I settled a lot of old debts from the late 90's about 2 years ago due to be self employed and getting a few bad debts myself!. My credit is poor due to the chicken and egg of not getting credit to get a better rating, however a few have dropped off the grid so to speak and its slowly improving, i would like to change my mortgage lender from the horrific GMAC but I know I will get nowhere due to a CCJ thats still showing as outstanding. I settled the amount with the creditor over a year ago and want to apply to the court to show it has been settled however reading small print it says they will only show as settled if the debt was paid in full (we agreed a reduced figure). Will the courts show this as settled or not if I apply, or is it worth getting it 'set aside' as the CCJ was originally issued to an address I had not lived at for 6 months and I have written proof that the creditors knew the new address at the time. Any advice welcome...cheers

10past6

Madfish wrote: »

want to apply to the court to show it has been settled

Was it a FULL & FINAL settlement, did it state this in writing?

Madfish wrote: »

Will the courts show this as settled or not if I apply

You're going to have great difficulty convincing the court the claim was issued incorrectly, reason being, you've paid the debt.

It's going to cost you £75.00 for a set aside application, you need to consider very seriously before parting with your money whether you have any possibility of winning, IMHO, I don't believe you have.

fatbelly

From the court's EX20 document:

If you cannot pay the debt in one month, you can ask the court to mark the Register 'satisfied' after you have made your final payment. This will tell anyone who searches the Register that you have paid the debt. It will also tell them when you made your last payment.

You will still have to pay a fee and show the court proof that you have paid. The court will give you a 'certificate of satisfaction' but the entry will stay on the Register for six years from the judgment date.

The court can process a certificate of cancellation or satisfaction within 5 days, and not more than 10 days of receipt, but it cannot do this if you do not provide proof of payment, the claim number and the fee. If you do not provide proof of payment the court will need to get this from the creditor and this could take at least one month.

So you need to get proof from your lender that the debt is settled (presumably you have that) and send it to the court.

Madfish

Yeah it was a full and final and I have the letter to proove that so showing its paid is not going to be a problem, however as it was a lesser amount than the CCJ I was unsure if it would be accepted.

I know that it would cost, the court did advise me to apply to get it set aside but that was a year and a half ago and I did not do it. The reason it was issued incorrectly was because I was pauing on a monthly basis through payplan and when I moved they're legal team incorrectly issued a CCJ, I did not even know about it until it was too late, Payplan backed me up by sending me a letter to give to the court stating my change of address was given to the creditor 2 months before and they even had a name of who they spoke too, at the time the court said it was good rounds to set aside but as I could not afford the fee I left it.

I guess that I will have to wait till 2011 for it to dissapear completely, does anyone know if after a CCJ is shown as settled your credit rating gets better?