Can a claimant remove a CCJ?

mrjam

Hi

I'm sure this is in the wrong section but couldnt find an appropriate one and it does relate to mortgages to if a mod could move it i'd appreciate it.

Basically, long story short, after applying for a mortgage a CCJ appeared on my file at an old address, the papers were filed more than 6 months AFTER i had left there, i applied for judgement to be set aside due to not knowing what it was for or who it was, the claimant (an individual) got the papers yesterday from the court with my application to set aside the judgement and gave me a call, after a lengthy telephone conversation it was established that this was nothing to do with me whatsoever and a case of mistaken identity. The claimant said he would write to the court to tell them this, does this mean the CCJ will be removed even though it's already on my credit file? I've read that the ONLY ways to remove a CCJ are to set it aside, or pay in full within 28 days, i couldnt find any information relating to a claimant retracting an already in place CCJ.

Thank you.

DVardysShadow

The DebtFreeWannabe forum has most expertise on this. The CCJ should certainly be removed, but don't let the matter lapse - promises on the phone are all well and good, but there is nothing in it for the claimant to remove the CCJ. In your position, I would at least be writing to the court with a record of the phone conversation and the claimant's admission that it was mistaken identity.

zzzLazyDaisy

I agree. Do not rely on anything the claimant says, but continue with the setting aside process unless and until you get confirmation from the court that the judgment has been set aside AND that the claimant has withdrawn the claim (this is not to say he is lying, but remember he has nothing to lose if he doesn't follow through...).