Tesco gave me a CCJ

Zapot

First time post as I want to pick a few savvy brains on here.

Back in 2006 I had a car accident which was my fault and meant that my insurance company (Tesco) had to pay for the claim of £4000

In short Tesco took too long to pay the claim and I ended up getting a CCJ through no fault of my own. Once I told Tesco that I had a CCJ, they swiftly sent out a cheque to the claimant. The amount was paid a few days after the CCJ was given to my name.

This was 4 years ago and back then I was only 18 so didn't really think much of it until recently when I applied to rent a house and found out I had no credit.

I have no debts, earn a proper graduates wage and have a CCJ for no reason other than Tesco not pulling their finger out quick enough. My main priority is to remove the CCJ from my name - I know I should have done this 4 years ago.

Is there anything I can do, because I'll be ready for a mortgage soon and know that it will affect my life.

10past6

You need to apply to have the CCJ "Set aside" using this form here remember to include the £75.00 fee, send the completed form & fee to the court that issued the CCJ.

Some question you need to answer before applying to have the CCJ set aside.

Have you moved address within the last 4 years?

Who issued the clam?

A CCJ is only granted if no acknowledgement is received by the court from the defendant (you)

Did you receive the original claim?

Zapot

Thanks for a perfect reply. I really appreciate your help.

I have only just moved address - last month - once in the past 4 years.
Who issued the claim - It was a long time ago, will have to check the paper work. From memory I remember receiving a letter from the claimaints solicitors. Not his insurance company.

"A CCJ is only granted if no acknowledgement is received by the court from the defendant (you)" That's where the finger gets pointed at Tesco. The simply ignored the fact that I was going to get a CCJ. They did not ackowledge.

My self and Tesco received the claim. Tesco must have been so slow at replying with the claimants insurers that they decided to send the claim to me instead?

fermi

10past6 wrote: »

You need to apply to have the CCJ "Set aside" using this form here remember to include the £75.00 fee, send the completed form & fee to the court that issued the CCJ.

No need to go to all that hassle and pay that fee.

As the CCJ was paid within 30 days of the date of the judgement, you must just apply to have the CCJ CANCELLED and removed from the register.

http://www.trustonline.org.uk/faqs-help/

From 6th April 2006 when the court are provided with evidence that a judgment debt has been paid in full either before registration or within one calendar month of the judgment date the registration will be cancelled and removed from the register once we have been notified by the court.

You may also apply in writing to the relevant court for a Certificate of Cancellation enclosing:

a) evidence that the debt has been fully repaid with one calendar month of the date of the judgment
b) a statement advising that reasonable steps have been taken to obtain such evidence but you have been unable to do so,
c) a statement advising that you believe the evidence of payment within one calendar month of the date of judgment is already held at the court; and the court fee of £15 (cheque payable to HMCS)

The CCJ will be removed, and it will be as if it never existed.

Zapot

Cancel a CCJ after 4 years and it will be like it never happened? This sounds like extremely good news.

Now that all this happened 4 years ago, I would have definitely misplaced all the paper work - my own stupid 18 year old fault! Is there anyway I can get copies of the required info?

fermi

As said, you need either:

a) evidence that the debt has been fully repaid with one calendar month of the date of the judgment
b) a statement advising that reasonable steps have been taken to obtain such evidence but you have been unable to do so,
c) a statement advising that you believe the evidence of payment within one calendar month of the date of judgment is already held at the court; and the court fee of £15 (cheque payable to HMCS)

a) Would be confirmation from the creditor, or proof of payment of the full sum.
b) The court would write to the creditor for confirmation. If the creditor confirms it, or the court does not get a response from them (within a month I think), then it will be cancelled.

First thing to do I think is talk to the court to double check what they need.

Also to double check that it can be done after all this time. I've never seen anything that suggests a time limit on this, but best to check.

If you can just get the CCJ cancelled then it will be sooooooooooooooo much easier than going to huge amounts of hassle trying to dispute/set-aside the CCJ in court, which is not 100% guaranteed to succeed anyway.

Zapot

fermi wrote: »

First thing to do I think is talk to the court to double check what they need.

Also to double check that it can be done after all this time. I've never seen anything that suggests a time limit on this, but best to check.

If you can just get the CCJ cancelled then it will be sooooooooooooooo much easier than going to huge amounts of hassle trying to dispute/set-aside the CCJ in court, which is not 100% guaranteed to succeed anyway.

I'll call Tesco for a confirmation of payment. Then I'll speak to the court to see if my cancellation period has expired. Fingers crossed that it hasn't

Thanks!

fermi

Zapot wrote: »

I'll call Tesco for a confirmation of payment. Then I'll speak to the court to see if my cancellation period has expired. Fingers crossed that it hasn't

Thanks!

Will be interesting to see. As said, never seen anything that says there is a time limit. But you never know?