CCJ - Just to be clear.....

speedycat

drops off your credit file after 6 years regardless of whether it has been satisfied, partially satisfied or not satisfied at all?

We've got one (for £300!) that I'm considering trying to get removed, although I'm really not sure if we'll be successful.

We don't owe the claimant any more money though, that's for sure (too long and boring a story to go into) so have no intention of paying them out of principal. It is however totally my fault that we received it in the first place, I didn't seek legal advice at the time, I just panicked, signed the papers and sent them back although in my defence I was suffering antenatal depression at the time due to our financial troubles.

It was issued in 2008 - we have not paid anything towards it but have never heard from the court or the claimant since.

Just wondering whether it's best to just sit it out rather than start a process of paying a fee to set it aside and potentially opening up a bigger can of worms.

Any help greatly appreciated - Thanks

brians_daughter

as far as i know they can re-issue a ccj if you do not pay, and now they have a ccj i believe they can appoint bailiffs etc do not know if they would do this for £300 tho.

If you do not owe the money you should ask for it to be set aside, get it off your file - just to be safe and to clean your credit file up

It will remain there 6 years from date of issue unless you apply to have it set aside and you never know if your situ changes you may wish to re-mortgage etc and the CCJ will impact the lenders you can access

fatbelly

speedycat wrote: »

drops off your credit file after 6 years regardless of whether it has been satisfied, partially satisfied or not satisfied at all?

That's correct.

speedycat

ooh! conflicting answers

what I'm worried about is if I try and get it set aside, they might refuse (because I didn't defend it originally - and actually signed papers effectively admitting it) and then start piling costs on us and threatening bailiffs.

It's all been quiet ever since it was issued - the claimant didn't care about the money he was just being spiteful.......cocklodger! :mad:

Does anyone know who the CCJ expert on here is? (Sorry, am new)

Thanks

fatbelly

I don't think those answers conflicted. The ccj stays on your credit file for six years.

But if you get the judgement set aside then there is no judgement, so it can be removed. The claimant has to start the claim again.

The key question that the court would consider if you applied for set-aside is 'do you have a defence (to the original claim) that has a reasonable prospect of success?'

I suspect that they might give some weight to your acknowledgement of the debt in 2008 and the two-year gap since then.

I think, as everything's gone quiet, that I'd leave it alone.

speedycat

Thanks fatbelly, that's what I was thinking as well.

I meant by conflicting answers in that you agreed that the ccj comes off your record completely in 6 years whether you'd paid it or not - and brian's daughter said that the ccj can be re-issued after 6 years if not paid - I took that as two separate and different answers.

So, what I was wanting to double check was that as long as it doesn't get re-issued in 2014, then I think leaving it alone is what I'd rather do.

Thanks for any further clarification

speedycat

bumping for the evening crowd!

DarkConvict

The reactivation is that a CCJ that has been issued but not used for 6 years give or take, has to go back to the courts to be 'reactivated'. The claimant has to prove why they did not use the CCJ to recover the money. If they fail to give a valid reason the CCJ is removed, and if the debt is over 6 years old it becomes statute barred and unenforceable anyway.

If you haven't been contacted and aren't applying for credit, then let sleeping dogs lie. I mean if your applying for a mortgage and the CCJ causes a 1% increase in price then it would be worth fighting £300 vs 1% on a mortgage, generally that 1% costs alot.