5 year old ccj problem!!

martingunn

Hi Guys wonder if anyone can help me.
I recently order my credit file for the first time ever and saw that I have a CCJ on there for £256 dating back to august 2005. This was a big surprise to me and explains why cedit has been difficult!
When I called the court they eplained it was for an old ebay transaction that the buyer said they never received. Unfortunately at the time I was just about to move, hence placing goods on ebay. So consequently I never received any letters or notice regarding any judgement or monies owed. The first I knew of this was 2 weeks ago.
The court kindly gave me the address of the claimant and I have written and found out the telephone number to call this person, but have now learnt they moved with no forwarding address 2 years ago.
When I contacted the court and asked if I could pay them the money they refused as the warrant had now been dropped etc.
So I am left in a situation whereby I know I sent the goods all those years ago, but am willing to pay the £256 to someone if it means my record will be clean....but noone will take my money.
I would like to know if the fact that I never RECEIVED any notification about the CCJ would help me in court to get this removed now??
Kind regards
Martin

Tixy

Hi

If you didn't receive the judgement because the claimant sent it to a previous address (and you hadn't informed them of the new address) then usually this would be classed as your fault and would not be grounds to have it set aside.
Did you not know the person was claiming not to have received goods? Although you moved presumably you would have used the same ebay account / email address? Did you not have mail forwarded for a while?

That said you might want to read this factsheet http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court on getting the debt set aside and see if you think you may be eligible - although that does cost money so only worth doing if you have a strong chance.

That said this CCJ will leave your credit file 6years from the date of judgement anyway. So at least you know you would be free from it after a year. Obviously if you are trying to get a mortgage or similar before then maybe you cannot wait that long.

martingunn

Hi Tixy,
Thanks for the reply.
No, thats what annoyed me...no messages on ebay, no notification whatsoever, which I find strange!!
If I had been notified at the time in anyway I would have dealt with it by now, its only £256 afterall, but the first I knew of this was seeing the CCJ on my file.....really frustrating that I cant pay anyone now!!

DarkConvict

I reckon you could probably get away with it been set aside as you never received the court papers.

It does not really matter that it was only a day late, if you weren't at the house you were not to know. If goods were sent soon before the move then again the buyer would only have the old address.

Yes, they should contact you, but some people don't.

If you want the CCJ removed sooner and can't wait til Aug 2011, then you can apply for it now to be set aside.