CCJ £5k, I knew nothing about, please help!!!!

madeyalook

I am in a total mess...

I was about to get a mortgage for my partner and I, so got a copy of my credit file to ensure everything was ok. To my horror, there as a CCJ on it for £5,661. This was a credit union loan my mum (with my consent) got in my name to help with our family business.

The business failed and she went bankrupt in 2007.

I went to university in September 2007. She had given me assurance that the £35 weekly payments would be paid by her, and indeed when I received my student loan I give her some money to pay off the balance.

I have now discovered a trail of letters from a solicitor and a judgement from the court. I knew basolutely nothing about this. Should they not have attempted to phone me etc?

My credit is ruined. My mum is not a bad person but was suffering stress, anxiety and deep depression from 2007 to present, and thought putting her head in the sand was the best option. Will the fact I did not provide the credit union with a new address mean that I have no hope of getting this removed. Apart form that I have six credit accounts all satisfactory.

Can someone please offer any advice?

NorthernLas

Info on ccj http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

The court will send papers to your last known address, so if you did not update then the judgement will happen without you knowing. There would be some leeway if they did not have your address and the debt could be defended (i.e. you did not owe it), but this does not seem to be the case.

I am afraid unless you can prove that your Mum paid the debt, you are stuck with coming to an agreement on payment.

UnderPressure

Agree with Northern Las unless it can be proved that the loan was paid in full you stand little chance of getting it rmoved and more imprtantly in the current climate little chance of getting a mortgae unless you have a huge deposit but even then you may struggle

What date was the ccj granted? Your best hope is to contact the creditor and explain the situation and try and come to an arrangement with them to pay, or if you have a little set aside see if you can negotiate a final settlement figure with them so at least it will show as settled on your credit file, in all honesty though until the 6 year deadline has passed and it falls of your report there is probably not a lot you can do regarding the mortgage..........

How terrible, have you spoke to your mum and asked her what is going on? You even gave her some money from your student loan as far as you were concerned to pay the balance off what has she done with this money? Stressed or not she is your mum and you must make her understand that she has caused you a lot of problems now and probably completely wrecked your chances of getting a mortgage you need to be firm and make sure she is aware of this, I knwo she is your mu but geeesh this just is not fair

DarkConvict

Once defaulted, you can't stop them going for a CCJ.

As such the only way the CCJ will be removed is as follows.

Firstly, you need to have it set aside (£75).
This starts the CCJ from scratch.

Then, in order to prevent the CCJ from been readded back to your file. a) You need to either win the court case to prevent the CCJ been granted, and with debts you will only win this if the money is not owed, or the creditor never appears to defend there side and you can provide atleast some decent reason for its removal. Doesn't stop them going for another CCJ though if they lose.
b) Or, you pay the amount outstanding within 28 days of the set aside court hearing.
If you cannot meet a) or b), the CCJ will still stand even if you get it set aside.

By the way, checking your credit file needs your new address, this will all be linked together, and its possible you will be contacted by the owner of the debt as they will be watching for credit file updates, once of which is new address details.