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CCJ - removal -?

I have a 2 years old CCJ, which i didnt know about.

It's satisfied now. Basically in 2006 , The Student Financial Company had to pay my student fees on behalf of me, I have written confirmation of this). But they hadnt paid it.

Therefore The uni had wrote me a letter in 2007 in regards to this. I tried to get the student finance company to pay it. They promised me and were incompitant.

Anyway a few years later the uni had got the courts involved and I foolishly ignored the letter and now I have a CCJ.

I got back to the Student finance company in regards to this. They had promised me to pay it as it was their error and not mine. So they paid it instantly. I now realise I have a ccj. (satisfid). which has been on my record for 1.5 years.

Could this be over turned and is it worth paying a solicitor ( if they are likely to overturn it).
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Comments

  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you can obtain a written statement from the Student Finance company confirming that the error was not yours, and the CCJ was applied due to their mistake, then you may be able to apply for it's removal. You wouldn't need a solicitor, there is a process to follow, but start by getting their acceptance of error in writing. You could also write to the credit reference agencies to notify them of the appeal, and ask for a notice of correction to be put on indicating the appeal.

    If they won't give you it, then you might have more trouble.
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  • myright
    myright Posts: 689 Forumite
    If you can obtain a written statement from the Student Finance company confirming that the error was not yours, and the CCJ was applied due to their mistake, then you may be able to apply for it's removal. You wouldn't need a solicitor, there is a process to follow, but start by getting their acceptance of error in writing. You could also write to the credit reference agencies to notify them of the appeal, and ask for a notice of correction to be put on indicating the appeal.

    If they won't give you it, then you might have more trouble.


    thanks for the information there. I dont quite understand the last line. If i appeal and i fail, would it look worse, is that what you're saying?

    Also would the error admitted by the Student finance company be suffice. I'm thinking the fact it's taken 2 years for me to appeal as i just realised may have some negative bearings on the decision :(
  • myright
    myright Posts: 689 Forumite
    bump..................
  • myright
    myright Posts: 689 Forumite
    anybody???
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    myright wrote: »
    Anyway a few years later the uni had got the courts involved and I foolishly ignored the letter and now I have a CCJ.
    That makes your chances of getting the CCJ overruled rather slim.

    Basically, you are responsible to pay the uni, the SLC are responsible to you for fulfilling this. You cannot pass the blame on to the SLC for your failings to the uni, By ignoring the letter, the uni were left with no point of contact for you and you denied them any route to even speak to the SLC, which would have required your permission, thereby hindering their recovery of the money. Ignoring the letter was a fairly serious act against the uni and I think the CCJ would be upheld.
    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
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    I agree. Sounds like the CCJ was self inflicted by you ignoring the situation.

    SLC's initial incompetence may not have been your fault, but letting the situation ride until the the Uni was left with no choice but the courts seems to be on your shoulders alone.
    Still rolling rolling rolling...... :) <
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  • myright
    myright Posts: 689 Forumite
    so what do you guys think i should or could do in this situation??
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    When did you get the CCJ, when did you get in touch with the SLC, when did they clear the account and have you been paying the SLC back?
    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
  • myright
    myright Posts: 689 Forumite
    I got the CCJ in july of 2010. The SLC paid it to them back in November 2010.

    I dont need to repay it as I was entitled to free tuition and I have dcuments to prove this.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Did you actually receive court papers? When did you realise you had a ccj and how did you discover this?

    I think your only chance is if you can show that there was some breach of process by the uni.
    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
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