CCJ Help

MRS_MC_2

Hi this is my first post and would really appreciate any help/guidance anyone can offer.

I have recently found out (yesterday) I have a CCJ from August 2006 (in both mine and my husband's name) on my credit file. To cut a long story short I have never really applied for any credit and been rejected, I have a current account and cheque book, sky TV, BT contract etc, but no real credit ie mobile phone, credit cards etc. so only checked my file after I unsuccessfully tried to get a mobile phone.

I moved out of the property approximately a month before the CCJ was issued and did not receive any papers regarding court action. I believe the CCJ was for an unpaid water bill (my husband recalls he may have received a letter but no court papers, but this was almost 6 years ago so he can't be 100% sure) I did not receive any notification at all and at the time and was not working so left all the bills to my husband, we were having a few financial problems, though nothing this serious, and he doesn't believe he contacted the water company at all. It may sound naive but I had no formal Tenancy Agreement and believed the water rates were included in the rent (they had been in our council property) very stupid on my part not to check.

I have no other black mark on my credit report. I have no problems paying the CCJ I just really want advice on whether I should try to have the CCJ set aside before paying the debt. I'm now training to be a solicitor and the CCJ satisfied or not could have a huge impact on my career. I know that the CCJ should fall off my credit file next year.

Really I would like to know:
1. What are my chances of getting CCJ set aside due to no notice/not receiving any documents or Particulars of Claim on the basis that had I been aware of the debt I would have paid it immediately.
2. Shall I pay the debt now or wait until I attempt to have CCJ set aside.
3. Can I find out who the company are and negotiate with them ie. agree to pay the sum if they do not object to having CCJ set aside?
4. Could I have the CCJ set aside against my name and my husband leave it on his credit file, as he may possibly have been aware of the debt, though not the court action and he can them pay the debt off?

I would be very grateful for any advice as I'm worried sick about my career and my job. I have a duty to disclose any CCJ's and now I find out I've had one for almost 6 years.

Sorry it's such a long post.

camuk81

Mrs mc, if the ccj was served in 2006 it's more then likely it will drop off 6 years from the date. At the moment you would have to weigh up wether or not to pay it off.

I'm unsure if paying would clear it off your file

JustinCredibleGillespie

I would look into option 2 and option 4. Are you and your husband financially associated?

JCG

xx

MRS_MC_2

[FONT=&quot]Thank you for your replies... Well I think my husband and I are only associated due to this CCJ? We have no other joint finances, no joint accounts etc. If it's possible I would prefer to get this set aside against my name as may have problems once I'm fully qualified have checked with the SRA and should be OK as long as I disclose the CCJ and have an explanation.
[/FONT]

JustinCredibleGillespie

Well there you are, You've answered your own question.

Let us know how you get on

All the Best

JCG

xx

fatbelly

I believe the CCJ was for an unpaid water bill

As it doesn't say who the claimant is on your credit file, it sounds like you haven't checked yet.

So the first thing you need to do is phone the court and say 'I've found this on my credit file, can you give me full details?'

Then you know for sure what you're dealing with. I'd be surprised if it's not the water bill, given what you say.

If it wasn't for your chosen career, I'd say leave it. Otherwise talk to the claimant and agree you'll clear the debt if they do not oppose the set aside.

MRS_MC_2

Thank you fatbelly.. I know if it wasn't for my career I would probably leave it now after so long but I can't risk not qualifying after almost 5 years of work to date. I only found out yesterday so haven't yet confirmed who the Claimant is, but 99% sure it is going to be the water company. I'm going to try to contact the court today though this may be difficult as I'm at work and haven't yet informed my employer (thought I would wait and find out what my options are first as I work in a law firm I completed a form confirming no criminal record and no CCJ's etc).

My husband is happy to keep the CCJ on his record and pay the debt if I can get it set aside on my file. It will come of his file next year anyway and it doesn't matter to his employment if he has any CCJ's etc. I have no idea if it is possible to get judgement set aside against one defendent (me) on the basis that I had no knowlege of the application/hearing whilst my husband pays the debt? I assume you can from studying CPR, where it gets a bit murky is the fact we are married?

fatbelly

MRS_MC wrote: »

My husband is happy to keep the CCJ on his record and pay the debt if I can get it set aside on my file. It will come of his file next year anyway and it doesn't matter to his employment if he has any CCJ's etc. I have no idea if it is possible to get judgement set aside against one defendant (me) on the basis that I had no knowledge of the application/hearing whilst my husband pays the debt? I assume you can from studying CPR, where it gets a bit murky is the fact we are married?

You could maybe check with the court on that point, when you phone them. My understanding is that set aside means that the debt goes back to square one, so would be removed from both defendant's records.

National Debtline are pretty good on this sort of thing

Factsheet | How to set aside a judgement in the county court

Winner123

I would also really appreciate some advice concerning a possible old CCJ and the SRA.

I believe that I have a CCJ against my name from 2002. I have not actually checked this and am not sure how to go about it as I think that my credit file only covers the last 6 years.

I had an debt of around £4,000 with a bank when I was a student and foolishly decided to "forget" about it, whilst I lived abroad for a year. When I returned to the UK, I was never contacted by the bank or any other company regarding the debt. In recent years I have not had any issues in getting credit.

I have just started the GDL with the aim of doing the LPC to train as a solicitor and am really concerned about how this may be viewed by the SRA.

So I have a number of queries -
1) How do I check if there was a CCJ against my name?
2) Can the SRA look into the complete history of my credit file?
3) If so, how would this be viewed?

If the SRA are unable to look at my entire file and I am asked whether I have had any CCJs against me, I am really uncomfortable about denying it.

I would be very grateful for any advice.

Thanks.

fatbelly

The records (even at the registry trust) only go back six years.

If you're going to be part of the legal profession you've got to learn some tactics.

If you are asked whether you have had any CCJs against you, you reply 'my credit file is completely clean'.

But it is worth checking to make sure that is true.