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mysterious CCJ on file, declined mortgage, sad :(

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  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • £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.
    I am a Mortgage Advisor. You should note that this site does not check my status as a Mortgage adviser, so you need to take my word for it. This signature is here as i follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldnt be seen as financial advice.

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    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....
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • 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
    handytips Posts: 372 Forumite
    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
    I am a Mortgage Advisor. You should note that this site does not check my status as a Mortgage adviser, so you need to take my word for it. This signature is here as i follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldnt be seen as financial advice.

  • Experian_company_representative
    Experian_company_representative Posts: 2,134 Organisation Representative
    Part of the Furniture Combo Breaker
    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
    Official Company Representative
    I am an official company representative of Experian. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"

    Posts by James Jones, Neil Stone, Stuart Storey & Joe Standen
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • 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
    DVardysShadow Posts: 18,949 Forumite
    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.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • 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?
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