CCJ Removal help

Way-too-much

Hi People, i am new to this site and posting threads so please bare with..... I have a CCJ that has been registered in 2007 by a company that i used to work for. This company has now been dissolved and no longer in existence...is there a way that i can get the CCJ removed?

any help would be much appreciated.


Thank you in advance

Wutang_2

Why would this happen?

DarkConvict

A CCJ will only be removed if it is paid within the first 30 days of it been granted.
Or, if you did not know about the CCJ and want it set aside. Basically is is removed and the CCJ started again giving you 30 days to pay.

Once a CCJ is paid, all you can do is mark it as settled. You obtain a certificate from the court to send the credit reference agencies to mark it as settled.

The debts a company has, are assets so if a companies gets wound up, then any money you owe them is going to be sold to another company. The money you owe does not just disappear. So the CCJ held by the court will stand and will still be enforced by the owners of the debt if not paid.

The CCJ will come off your report, 6 years after it was placed.

Way-too-much

If a ccj has been paid and you then apply to have it set aside on the grounds that the judgement papers were never recieved, as long as the company who registered the judgement in the first place doesnt contest, will the judge rule in my favour?

DarkConvict

It will be the owner of the debt not the original company that went for the CCJ would contest it. I agree if the debt is paid off, no one would contest as there is not point, however see below as set asides are not granted without a good reason.

Asking to Set it aside on the grounds papers were not received usually works but is not always granted. It still costs £75 to do it, but now it has been paid off I would say a set aside is unlikely to be granted as since it is paid they will state you had knowledge and paid it. If you wanted it set aside it should have been done already before having the CCJ enforced (any payment been made that is). Contact the court that issued the CCJ or a local court and ask what would happen in your circumstances.

I honestly believe you will have to wait for it to be removed after 6 years, but you can atleast get it marked as settled.

Way-too-much

HI Dark Convict, thanks for your replies. I haven't paid the debt in all fairness, i Have tried but all the numbers i have for the company are now expired and don't work. I looked on company house to find out who the liquidators are or whatever but can only find the dissolved date. I totally disagree with the CCj anyway and don't believe that it should have been registered! ive never had any correspondence with regards to it and the only way that i found out that it was registered was by checking my credit report. i cant believe that i have to just wait until 6 years have passed, its ridiculous! i heard that if i would have paid it withing 4weeks then it would have never of been registered. I DIDNT EVEN GET A CHANCE TO DO THAT!!! I wouldnt have paid it anyway coz i disagree with the amount but would have atleast come to some sort of arrangement.

DarkConvict

In which case, you may be able to defend against it. It sounded like from your post this was an old CCJ, that was already paid and you were seeking it to be removed.

If this is the first you are aware of it, then you would have a case for it to be set aside. If it is set aside the they do not defend, you will win by default and the CCJ will never have happened. But you will need a reason for it (never got the court papers, only just found out from my credit file), and maybe either have grounds to dispute the amount claimed, or the debt altogether, or potentially have funds to pay it off in full.

Blahah

If the circumstances you describe are true, and you were not aware of the CCJ at all, then you will have valid ground for it to be set aside. Valid reasons in your case might include:
- you weren't given 28 days notice to pay
- you weren't living at the address when the summons was given
- you didn't receive the summons
- you didn't receive any notification of the summons against you

Read about how to apply for the removal of the CCJ here:
http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

then choose exactly which reasons to put on your n244 form from this list:
http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php

In your case you would stop at step 5 of that process (in the first link).