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Old CCJ - Advise please?

Tinkles
Tinkles Posts: 66 Forumite
edited 6 February 2010 at 5:33PM in Debt-free wannabe
I am in the process of trying to clear my credit file as best I can as my Husband and I would like to get a mortgage sometime in the near future. Everything is in hand, I have three outstanding debts that are nearly paid off, my only worry is that I have a CCJ. This has been on my credit file since March 2006. The creditor has never made any attempt to contact me since the judgement was passed, I have not moved so they know where I am! In additon I have contacted them twice about this and they have never replied.

I find it weird that they would go to all the trouble of getting the judgement passed and then never request payment?? What are my options?

Thank you for any advise you can give.

Comments

  • Oneday77
    Oneday77 Posts: 1,242 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    My guess would be send them a letter by recorded delivery asking them what the CCJ is for. If they don't have any record of it then demand it is removed from the credit file. If there is no loop hole then you will be stuck with it for a total of 6 years :(
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  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 6 February 2010 at 7:04PM
    CCJs drop off after 6 years as Onday77 mentions. If they did really take out a CCJ against you then unless you can show it is faulty you aren't going to be able to get it off until March 2012.

    Did you receive any paperwork for the CCJ, the CCJ will mean you should be making monthly payments, if you did not defend then payment in full is expected. Where you refuse to make payments or miss them, bailiffs can be used to recover the amount.

    Even if you do pay up, the CCJ will still exist until March 2012, it will be marked as satisfied but is still likely to still place you in a sub prime category so poor rates of interest on a mortgage.

    You could look here but im not sure if it will give much more information about the CCJ, but it might. These people keep the records of all court judgements - http://www.trustonline.org.uk/


    If after 6 years they still have not enforced the CCJ, they can still attempt to do so at a later date, however, they will have to go back to court to get the CCJ 'reactivated'. If they cant give a valid reason why they have not enforced the CCJ then the judge may refuse, meaning the debt is statute barred and unenforceable.
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  • Tinkles
    Tinkles Posts: 66 Forumite
    Thank you both for your replies, I'm not sure I was clear in my post though. I have already contacted the court, found out who the Creditor was and have written to them twice re making payments. They have never replied. Having done a bit more research and reading some posts on this forum I am considering applying to have the Judgement set aside, do you think this could be an option?
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Not sure about having the judgement set aside - do you have any new arguments to put before the court?

    With CCJ's you can still make a full and final offer - might be worth putting that to them. Could they be keeping quiet because the payments the court ordered are so small they don't think it worth their time?
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • Tinkles
    Tinkles Posts: 66 Forumite
    Not sure about a new arguement as I don't remember making one at the time! Can I ask the court for copies of relevant paperwork as I don't remember receiving the relevant forms or responding at the time.
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