Can i get a CCJ removed and if not will it affect my student loan

leigh123456

On friday i got a credit report from experian to find i had a CCJ listed against me for a previous address. I rang the court but they couldn't tell me who the money was owed to, so i ordered the court papers to be sent to me. The date of the CCJ is for march 2011 and i left that property on june 2010. I've never had loans or credit cards as I'm only 18 and i changed all my bill accounts. Does anyone know if i can appeal to have the CCJ removed, I had no idea this had happened and if i had i would have sorted in within a month or receiving the judgement. I'm really worried should i pay the CCJ immediately or wait and try to appeal against it. I'm worried now that debt might come round before i even get a chance to rectify this or even know who i owe money to.

Also I've been accepted for a student loan for next September and I'm worried that this will now affect that. The loan was accepted on the 30th of may but if i don't get the loan in September i can't go to university.

robpw2

leigh123456 wrote: »

On friday i got a credit report from experian to find i had a CCJ listed against me for a previous address. I rang the court but they couldn't tell me who the money was owed to, so i ordered the court papers to be sent to me. The date of the CCJ is for march 2011 and i left that property on june 2010. I've never had loans or credit cards as I'm only 18 and i changed all my bill accounts. Does anyone know if i can appeal to have the CCJ removed, I had no idea this had happened and if i had i would have sorted in within a month or receiving the judgement. I'm really worried should i pay the CCJ immediately or wait and try to appeal against it. I'm worried now that debt might come round before i even get a chance to rectify this or even know who i owe money to.

Also I've been accepted for a student loan for next September and I'm worried that this will now affect that. The loan was accepted on the 30th of may but if i don't get the loan in September i can't go to university.

the student loan does not get affected by your credit rating , it is a loan that is offered to all elligble students so do not woryr about that

LovelyLeeds

Is the ccj not yours then? Hopefully when you get the court papers you will be able to make a decision based on the reason for it - if the ccj isn't yours it shouldn't be too difficult to prove this.

leigh123456

i don't know yet because i don't have the papers, if it turns out it is i am happy to pay whatever i owe but i wanted to know if there is anyway to get it taken off my credit rating. Like i said before i had no idea it was happening I can't believe they can go through court proceedings without you, the stupid thing is it's only for £169 if i do owe it i would have paid it immediately it's not exactly a huge amount and i can't believe my credit rating will be affected for 6 years because of it

robpw2

leigh123456 wrote: »

i don't know yet because i don't have the papers, if it turns out it is i am happy to pay whatever i owe but i wanted to know if there is anyway to get it taken off my credit rating. Like i said before i had no idea it was happening I can't believe they can go through court proceedings without you, the stupid thing is it's only for £169 if i do owe it i would have paid it immediately it's not exactly a huge amount and i can't believe my credit rating will be affected for 6 years because of it

if its not your debt , and you can proove it you can apply to have it stricken off your credit file ...
if it is your debt then once you have paid it , they will deem it as settled and whilst it may still cause a few issues it is not as bad as having an open ccj

Apples2

leigh123456 wrote: »

I can't believe they can go through court proceedings without you,

This is normal. If they couldn't, then most people would throw the letter in the bin and forget all about it.

They issue the letters, if you fail to respond, they carry on as if you are not challenging it.

Tixy

A creditor only has to write to your last known address to chase you for debt, if you owed money to someone when you left and didn't give them a forwarding address this would likely be what happened.

So when you get the court papers if its something you owe (perhaps utilities or water bills from that address?) then you won't be able to get the judgement removed, but once you pay up it will be marked as satisfied. But it would still remain on file for 6years from the original CCJ date and seriously affect your chances of getting consumer credit for those years.

If you don't owe the claimant money then you would be able to get the judgement set aside by a court and removed from your file.

Experian_company_representative

Not quite. For a judgment to stand the original papers have to have been properly served. As you've only just found out about this and you weren't at the address at the time you can legitimately apply to have the judgment cancelled and the case reheard - even if the debt is yours. If the debt isn't yours then the case will be scrapped. If it is yours, there'll be a new hearing and the judgment will be once again awarded to the claimant. But as long as you then pay the debt within one month it will not be re-registered on your credit report. There is a court fee to pay - £50 I think - but if the result is no CCJ then I suspect you'll be very happy with that.

James Jones

fatbelly

Factsheet | How to set aside a judgment in the County Court

As James says, there's a fee (£75) unless you can get remission.

There is no guarantee your application would be accepted. Despite what the factsheet says, some courts take the view that if you're not disputing that the debt is yours/balance is correct, then they won't set aside. That's my experience with my local court, and that may be where Tixy was heading with her comments. She is correct in her comments about service to 'last known address'

Apples2

Experian_company_representative wrote: »

Not quite. For a judgment to stand the original papers have to have been properly served. As you've only just found out about this and you weren't at the address at the time you can legitimately apply to have the judgment cancelled and the case reheard - even if the debt is yours. If the debt isn't yours then the case will be scrapped. If it is yours, there'll be a new hearing and the judgment will be once again awarded to the claimant. But as long as you then pay the debt within one month it will not be re-registered on your credit report. There is a court fee to pay - £50 I think - but if the result is no CCJ then I suspect you'll be very happy with that.

James Jones

I think we're all skirting around the same thing.

I had a legitimate bill which I legitimately missed and ended up with a CCJ.

I went to Court for the Set Aside hearing and successfully had the CCJ scrapped.
There was no new hearing for the CCJ (maybe because I had already paid up).

Of all the Legal Advice I received at the time I don't recall anyone mentioning scrapping the CCJ in favour of a new hearing. It was there, done and dusted. It was for me to take the bull by the horns and challenge it's existence.

sp1987

Apples2 wrote: »

I think we're all skirting around the same thing.

I had a legitimate bill which I legitimately missed and ended up with a CCJ.

I went to Court for the Set Aside hearing and successfully had the CCJ scrapped.
There was no new hearing for the CCJ (maybe because I had already paid up).

Of all the Legal Advice I received at the time I don't recall anyone mentioning scrapping the CCJ in favour of a new hearing. It was there, done and dusted. It was for me to take the bull by the horns and challenge it's existence.

You've confused me now, and I usually understand you perfectly. Maybe I have just read this wrong.

You got a CCJ, but had already paid, had it set aside and nothing more came of it? There wouldn't have been a new hearing in that case as at the point where the CCJ was removed, there was not a cause of action as no money was owed? So in such an instance, no new proceedings necessary or possible. Different when the set aside is a technical one, i.e. money still owing but I didn't get the paperwork, your honour. Useful if and when you owe the money but fancy the month to satisfy the judgment before the CCJ is registered against you.