CCJ I didn't know about - can I set aside?

rickya

Hi all,

After applying for a couple of credit cards recently and getting declined I decided to pay for a £2 statutory report from Experian, which I received yesterday. I've noticed I have a CCJ on my credit file from Severn Trent for £250, which I knew absolutely nothing about. I knew I owed them money but I have been paying it off at £20 a month and currently stands at about £100 I think.

Is there any way I can get this set aside? Or is it far too late? It's dated April 2008 so I still have over a year and half to wait before it drops off my file!

Had I of known they were going to issue a CCJ I would of paid it immediately. Apart from the CCJ my credit file is clear! loads of green ticks, no defaults etc!

I can't honestly think as to why I didn't know about it as I'm positive I've never had any letters informing me, and I've not changed address in the last 5.5 years.

Any advice appreciated.

fermi

Was the debt from a previous address?

If so, then some water companies just send court papers to the original address, even if you have given them a new correspondence address in the meantime. If they do that then you may never know the CCJ was applied for, and they would be awarded one by default when you don't respond.

If they have done that when they knew your actual address at the time, then it would be grounds for getting the CCJ set aside.

rickya

I honestly can't be sure. The arrears did start at our previous rented property and this was due to them wanting a lump sum straight away which we didn't have. but I did call and tell them our new address once we moved.

Is there nothing I can do about it if it was issued to my current address?

How do I find out? Call Severn Trent?

fermi

The court sends the claim forms out by normal post, so would not be the creditor's fault if you did not receive them or somehow not noticed them.

You could I suppose argue that they went missing in the post or the court made an error sending them, but I fear that would be a bit of a stretch and not likely to be accepted. Civil procedure Rules deem papers correctly served if they are sent by normal post.

fermi

I would check with the court first of all. See if they will tell you where they were sent and exactly when.

rickya

Thanks for your help fermi.

I've just got off the phone to Northampton Court and they said there's no way I can get it removed or set aside now. She said my only option is to ask Severn Trent to mark is as settled. Which from what I've read on here makes no difference at all.

Absolutely gutted as it's going to be another 20 months before it's off my file. I'd have found a way to pay it had I of known it was being issued

edit - just spoke to severn trent who are sending out a letter of satisfaction. It's been satisfied since November 2008....