Setting Aside CCJ

Tuvra

Hi Guys.

New member here looking for some help on a CCJ hearing I have coming up.

OK to cut a very long story short, I went to University in 2004, all my applications were registered to my parents address. During my short spell at Uni my parents moved house, I then dropped out and moved back in to my parents new address.

On dropping out I left a note at my halls stating that I had vacated the property with immediate effect and that any future correspondence should be made to my new address.

One day then I have a knock on the door and there's a chap (debt collector) claiming £2,300 for unpaid halls fees (rest of the term), fair enough and I agree to pay it back as quickly as possible. Which I did and acquired a letter of satisfaction.

I did not know at the time but this was in fact a CCJ and it only became clear as such when looking for a mortgage in January this year. Naively I thought that because I had started paying the money back as soon as I knew about it (in big, monthly chunks) I would not get a CCJ.

Experian, Equifax and one other turned up nothing, then on a suggestion from another forum, I found the CCJ using a fourth credit agency, listed at the previous address and dated 2006. I can therefore safely assume that all correspondence went to the wrong address. This CCJ is now having a drastic effect on my life as I have saved for a deposit for a house but this CCJ is severely effecting my chances of getting a mortgage, therefore wasted rent!

The CCJ was issued by Northampton Bulk Court, infamous for prematurely dishing out CCJ's I believe?

I sent my certificate of satisfaction plus a letter that was left at my university residence (had on an old memory stick) off and requested a hearing. I have been granted a hearing now and was wondering what I can do to get this !!!!!! off? Should I appoint a solicitor? Money is not really an issue as long as I can clear it!

Reading a few forums online it appears that if they are not present then they I automatically win? Does this mean it will get set aside? Will the judge see it as an unfair CCJ that was paid off ASAP and set it aside?

Any advice/Tips very much appreciated :j

billinghamfan

If it's dated 2006 it should drop off your credit file this year anyway?

Tonylpool

Hi, the CCJ will drop off your credit file after 6 years - satisfied or not - so depending on the date in 2006 that it was applied, you probably have 6 months at the most with this hindering you.

The letter of satisfaction is one thing that proves it has been paid and very often can be used in mitigation with lenders to show that the one and only CCJ you had has now been paid, however to have the CCJ removed from your file within the 6 year period then it would have had to have paid in full within 1 month of the Judgment date.

Northampton Bulk Centre is the central point for all online claims hence the reason that it appears so many Judgments are from there!

Hope this helps

Cheers

Tony

DVardysShadow

Tuvra wrote: »

Reading a few forums online it appears that if they are not present then they I automatically win? Does this mean it will get set aside? Will the judge see it as an unfair CCJ that was paid off ASAP and set it aside?

Essentially, you have to show that you gave your new address to the University and that in consequence there was abuse of process in applying the CCJ. If the other side does not turn up, it essentially means that your evidence is not disputed. But it does have to be good enough

Don't forget, the fact that the debt collectors turned up on your new door step means that they must have known about your new address.

fatbelly

If it's already not showing on Experian and Equifax, and it's paid off anyway, I can't see the point of the set aside application. But as you've already applied and got a hearing, I'll be interested to hear how you get on.