mysterious CCJ on file, declined mortgage, sad :(

GMS

HeavyHorse wrote: »

You will be able to get a mortgage, I have a CCJ-Satisfied £297.

The mortgage I have is a 80% LTV with the Halifax. Make sure you tell them prior to your application though.

Halifax rely on credit scoring. If the CCJ is a minor blip in amongst other performing credit then it may pass. If the CCJ is an indication of a default of the only credit ever held then likely to fail credit score.

Just because one person gets approved it does not mean that another with similar circumstances will.

handytips

£157 Looks as if it could be the council tax or Water, these two are the most cutthroat out there, check both i wouldnt mind betting i am right on this one. If you dispute the CCJ they have to take it off your credit file when the CCJ is being disputed.

HappyMJ

handytips wrote: »

£157 Looks as if it could be the council tax or Water, these two are the most cutthroat out there, check both i wouldnt mind betting i am right on this one. If you dispute the CCJ they have to take it off your credit file when the CCJ is being disputed.

Unpaid council tax will never appear as a CCJ on your credit report. It never appears as anything at all.

Could be water....

funkyorange

Right made loads of phone calls this is whats going on.

The CCJ is from Yorkshire Water. I offered to pay the bill but apparently the bill is not mine anyway, its the bill run up by the existing tenent.

They said I cancelled my direct debit and never told them, I vuagly remember ringing them up and settleing the account, although its strange I owe nothing to them anyway - this would suggest this was done.

I was on the phone to Yorkshire Water but he said I did not ring them up and I have to pay 80 quid and complete dispute with the courts which will take many weeks - I am pretty livid about this to be honest! Any ideas what I should do here?

handytips

Happymj. How wrong you are, i see many clients with CCJ's for council tax disputes, you couldnt make that up Happy, if you dont know dont come out with rubbish.
Funky, Go to the court that issued the CCJ tell YW that you want to contest the judgement, i would also go to Citizens advise, If you can find any bills from YW then all the better especially if you still have a copy of the final bill, they should also have a copy. Get through to their complaints department. Good Luck to you

Experian_company_representative

If you have a CCJ but didn't receive the summons you can apply to the court to have it cancelled (or 'set aside', which is the official term).

James Jones

CIS

Happymj. How wrong you are, i see many clients with CCJ's for council tax disputes

Council Tax is recovered via a Liability Order from the magistrates court not a CCJ - CCJ's are possible for Council Tax but I've never yet come across an authority who uses them due to the extra cost and difficulty of doing so (why use a CCJ when the Liability Order route gives the council more powers with less hassle and for less cost).

funkyorange

Thanks for your help everyone.

As regards to having it cancelled or set aside, I have spoken to someone on a advice line and they said unless you can prove you told them you moved house (how can you prove this anyway?!) - as Yorkshire Water claim I never told them I were to move property. I do believe I would have told them but again I can't prove this.

I am willing to take the risk and pay the 80 pounds to try and do this but it will take weeks to do so. I have just spoken to my mortgage broker and he thinks he will be able to get me a mortgage so lets hope all this dosent fall through - I won't have time to correct this if I want to keep the house I have that is in the process of being bought. I just feel this whole thing is unfair, but law is law I suppose!

DVardysShadow

funkyorange wrote: »

Thanks for your help everyone.

As regards to having it cancelled or set aside, I have spoken to someone on a advice line and they said unless you can prove you told them you moved house (how can you prove this anyway?!) - as Yorkshire Water claim I never told them I were to move property. I do believe I would have told them but again I can't prove this.

I am willing to take the risk and pay the 80 pounds to try and do this but it will take weeks to do so. I have just spoken to my mortgage broker and he thinks he will be able to get me a mortgage so lets hope all this dosent fall through - I won't have time to correct this if I want to keep the house I have that is in the process of being bought. I just feel this whole thing is unfair, but law is law I suppose!

Paying the money does not wipe out the CCJ. I would go for a subject access request for all the data YW hold on you. This could show something up - even the fact that there was a final bill which you settled.

For the best advice on getting the CCJ set aside, go to the Debt Free Wannabe section, which has the relevant expertise.

funkyorange

I will have a look thanks for your help. However the money was not owed by me and I can't settle it.

As they claim I failed to tell them I was moving the existing occupants ran up the bill and they paid it.

How do I go a bouts doing a subject request?