CCJ help!

Daydreamer2011

Hi there

Hope someone can offer some advise.

OH has an Argos card which he owes a couple of hundred on, he has been making regular payments to them using their automated service but they dont have his up to date address. He tried to update it in the store but they couldnt help so he got through to the right department and they put him through to their debt collection agency who advised that his account had been taken to court and he now has a CCJ.

He is really panicky because he was unaware of this because he had been making monthly payments.

I know it doesnt help that they didnt have his address so he wouldnt have known but can they still go through the whole court proceeding without him knowing?

Also, where do we go from here?

He has borrowed the money off his mum to pay off the outstanding balance including court fees which came to £350.

What are the chances of us being able to fix this CCJ? not too clued up on them entirely so was wondering because he was making regular payments and paid the balance off in full and had no idea of him going to court will there be a chance of an appeal?

I do work in a payroll company and we have a department who deal with CCJ's and understands how they work so I have a rough understanding of what happens but I just want to see if anyone has had a similar experience?

Thanks a lot x

Tixy

Yes they can still go to court.

The only have to issue court papers to his last known address. If he didn't keep them informed of his address then he wouldn't know about the CCJ.

How long ago did you move and how recently did he inform them of the address change?

How old is the CCJ? I assume its not been granted in the last month.
If it was in the last month then paying within 28days of the CCJ means that no CCJ will be recorded on his credit file.

They only other possible way to remove a CCJ is through the set aside procedure. However I don't think he has a case to get it set aside - he would have been able if he could have proved to them he had given them his new address.

Obviously once its paid he need to ensure his credit file is updated to show the CCJ is satisfied. He may need to obtain a certificate of satisfaction to do this.

Daydreamer2011

Thanks for the reply

He moved quite a while ago as moved towns but then had a couple of addresses before we moved in together and got settled.

He had a clear balance on the card when we moved in together but we used it buy stuff for our new home and a tent so took the balance up to £270ish and that was in August 2010.

He only called them today to change his address and thats when he was told this had happened.

They did say that if he would have called a week ago then the CCJ so I can only assume it has only just been granted so does that mean because he has paid everything in full to them that hopefully it would be settled and not go onto his credit record?

Tixy

He needs to find out when the CCJ was granted, get him to phone them again and ask. Ask if they will tell him the court and the CCJ reference, that way he can get a copy of the judgement from the court. Unless they will send him a copy of the judgement themselves?

Assuming its settled within 28days then it won't go his credit file (he'll probably already have a default on his credit file which he won't be able to get removed).

Daydreamer2011

He has received a letter today saying that it was taken to court on 26th Jan - not sure if that was the date the CCJ was issued or the court case began, I'm going to look at the letter when I get in today. Im hoping that would be the date the case began which would mean the CCJ would have been issued a few weeks after which means hopefully still within the month to clear it but I need to read the letter first.

When you say he will have a default on his file what does that mean? Is that just a mark against it because this has happened? Sorry, dont really understand things like this as never had debt go this far before!

Thanks

Daydreamer2011

I have just got home now and found the letter.

It has all the info regarding the claim such as the court, claim no and judgement date. Is the judgement date the day the CCJ was issued? If so, date is 26th Jan 2011 so too late

The letter goes on to say that they have received the payment in full and the judgement is settled and we can use this letter as proof so the court can mark this as satisfied.

I had a look on the government website and they said to fill out a form with all this info to mark it as satisfied but will charge a fee. Does anyone know how much this is, and also, is it best to check his credit report first to see what that says or does it take a few weeks for updates like this to be seen?

Last of all, would there be any chance of the court removing it as it was paid in full literally 2/3 days out of the month period?

Thanks