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CCJ- Advise needed!

gemstar_2
Posts: 103 Forumite
Hi there again
Following on from a post yesterday I explained that I had ordered my credit file from experian and my stomach sank as I saw a ccj- Registered at my old address and in my maiden name.
I asked advise from the board and have been told that I should deal with this as it could come back to bite me in the bum in years to come. I have never mad a payment on this CCJ- A few more questions...............
So, the best plan of action would be to grab the bull by the horns....... call the county court and say that I have had my head in the sand and want to sort this out. The CCJ is for £1000 - I can't do that all in one go but could offer £100 a month- so you think that they would accept this, considering that this CCJ is 3 years old? Also is there room to negotiate on a CCJ- Could I offer, say £600 as a full and final settlement? Or is that pointless if it went as far as court?
Thanks to everyone that has offered advise- I am panicing but do realise that I am sure that this can be resolved.....
Following on from a post yesterday I explained that I had ordered my credit file from experian and my stomach sank as I saw a ccj- Registered at my old address and in my maiden name.
I asked advise from the board and have been told that I should deal with this as it could come back to bite me in the bum in years to come. I have never mad a payment on this CCJ- A few more questions...............
So, the best plan of action would be to grab the bull by the horns....... call the county court and say that I have had my head in the sand and want to sort this out. The CCJ is for £1000 - I can't do that all in one go but could offer £100 a month- so you think that they would accept this, considering that this CCJ is 3 years old? Also is there room to negotiate on a CCJ- Could I offer, say £600 as a full and final settlement? Or is that pointless if it went as far as court?
Thanks to everyone that has offered advise- I am panicing but do realise that I am sure that this can be resolved.....
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Comments
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(Copied form the 1st thread)
o.k you will have a number of options;
If the order has been made in default ( i.e the court issued the CCJ without you attending) then it is more than like that a “forthwith judgment” was made, this basically means that all sums owing became payable immediately after the order was made.
If you had of attended the court to defend or admit the claim then the judge would of only ordered you to pay what you could realistically afford each month.
However you now have to deal with this in one of 3 ways;
• Contact the claimant and offer a repayment plan that you can afford, however you should be aware they are within their rights to demand full payment forthwith
• Contact the Court and ask for a variation order which will enable you to repay a set, affordable amount each month, however this option may be unlikely as the court will take a dim view owing to the time between your request and the orginal order.
• Contact the court and ask for the order to be set aside for non service ( i.e if you didn’t receive the original claim form) you would however need to demonstrate that on the balance of probability that you would have been able to defend the original claim, as non service in its self is not due cause for the order to be set aside
As others have said, you could wait it out and see if they contact you, however if you have recently inadvertently created address and names links on your credit file it is not unusual for the creditor to pro-actively trace you
With regards to short settlement this is possible, but unlikely if a CCJ has been issued, also it would not normally result in the claimant marking the CCJ as satisfied on your file, so in real terms you would be no better of:rolleyes: It’s hard enough remembering my opinions - without remembering my reasons for them :rolleyes:0
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