Trying to settle a CCJ for mortgage application

holly_hobby

Yes - have already discussed the 6 yr expiry date.

Set aside - yes, if letters of pursuance, and the CC Claim notice were not sent to the correct address, the OP may apply to the CC to have this set aside under improper execution - although the application may not be successful of course.

This of course, does not alter the fact that the individual admits they failed to repay their solicitors bill, which they knew was due.

Holly

Thrugelmir

holly_hobby wrote: »

and the CC Claim notice were not sent to the correct address, the OP may apply to the CC to have this set aside under improper execution - although the application may not be successful of course.

Providing the notice was issued to the last known correspondence address. Then onus is on defendant to keep the creditor informed.

Angry_Bear

DVardysShadow wrote: »

On the other hand - if the CCJ dates from 2007 it would become statute barred next year, 6 years after expiry.

Just to clarify, even though a CCJ will drop off your credit file after 6 years it does NOT become statute barred. I believe that a creditor would have to explain why they waited so long if they then wanted to take further enforcement action but it never becomes statute barred.

DVardysShadow

Angry_Bear wrote: »

Just to clarify, even though a CCJ will drop off your credit file after 6 years it does NOT become statute barred. I believe that a creditor would have to explain why they waited so long if they then wanted to take further enforcement action but it never becomes statute barred.

You are correct - although it is more a matter of terminology. The CCJ becomes unenforcable after 6 years unless action is taken within the 6 years to renew it.

But the point I should have made is that the CCJ falls off the record at 6 years.

holly_hobby

Thrugelmir wrote: »

Providing the notice was issued to the last known correspondence address. Then onus is on defendant to keep the creditor informed.

Yes that would be the last know address, unless they used a tracing service to locate the debtor - which frequently occurs in "gone away" situations.

And just to be clear - I'm not on the side of getting it set aside.

Holly

holly_hobby

Angry_Bear wrote: »

Just to clarify, even though a CCJ will drop off your credit file after 6 years it does NOT become statute barred. I believe that a creditor would have to explain why they waited so long if they then wanted to take further enforcement action but it never becomes statute barred.

The creditor may apply to the courts for the unsatisfied CCJ to be re-registered - this doesn't often happen, the court does not have to agree, but it is an avenue open to the creditor.

After the 6 yrs have elapsed pursuance would be with the courts agreeance.

Holly

Thrugelmir

holly_hobby wrote: »

Yes that would be the last know address, unless they used a tracing service to locate the debtor - which frequently occurs in "gone away" situations.

And just to be clear - I'm not on the side of getting it set aside.

Holly

Address is rarely an acceptable reason.

holly_hobby

What do you mean the address is rarely an accepted reason ?? Confused ???

Are you talking from the Courts point of view or Mortgage underwriting angle ?

Re Courts/set aside (which is what the board were talking about on this thread) ... if the debtor did not move address, or did inform the creditor of the change of address - yet the creditor/claimant issued county court claim papers to a then knowing wrong address ... that is improper execution. i.e the defendant had no notice or opportunity to acknowledge the claim form, and submit a defence. (in fact sending papers to incorrect addresses, is a fave of some of the more dodgy Debt collectors who look for judgement by default). In that case - an application for set asside as DVS suggests, would be appropriate, although not gted to be granted by the court.

However, if the papers however are proven to have been correctly executed (ie sent to the correct address (either that on file or obtained via a tracing service if the creditor had received "gone away" mail), or to the last address on file, even if the debtor had moved and the creditor was unaware of this ... there is little chance of a set aside.

As I say, my opinion is to pay this and get it settled, much quicker than going through the set aside motions (even if the claim was improperly executed).

Hope this helps

Holly

Thrugelmir

Hannah3105 wrote: »

We have been on the phone to the previous solicitor practically every day and they keep advising us that they need to 'locate my partners file out of archive' before they can then take payment from him. That is acceptable, what isn't acceptable is the time they are taking. Until we manage to pay this, we are unable to progress forward and may lose this house.

Took 5 years to offer to pay the debt. Is that acceptable?

Ringing everyday is more likely to be a hindrance.

Throw a boomerang and one day it will return and hit you.

neverdespairgirl

Hannah3105 wrote: »

He does not recall receiving any letters from his solicitor and equally had no idea about the CCJ. It is probably something he will fight eventually, but right now if paying up means we can move forward with our application then this is what we will do.

Eventually? He's 5 years past the original CCJ, so just a tiny bit outside the time for appealing it. If he claims he knew nothing of it before, the clock is still ticking once he does know of it.