Old CCJ

Essexdave

Long time lurker first time poster after a bit of advice.

I have a CCJ from around 3 years ago. It is not for any kind of debt from a loan or credit card, instead it is an old employer who paid me commission only and "lent" me a monthly salary which was to be paid back in commission.

I stupidly let this go and carried on with my life. I have enough credit, I have a mortgage, it didnt really effect me. I have now applied for a job which credit check me and I fear I will not get the job on this basis.

I do dispute the CCJ, although I have paid the vast majority back to the former employer, even though they have liquidated now, I pay the MD personally now. I do this because I am scared of bailiffs coming round.

I have 3 years before this CCJ would drop off my record. My question is could I appeal to have it set aside on the basis that I no longer agree with the amount claimed initially? And does the fact that the company I "owe" no longer exist have any baring?

Thanks in advance for any help

chanz4

debts gone if the firm is liquidated, you shouldnt be paying the md as its not his money

Essexdave

The CCJ is not gone unfortunately,

I have been stupid to keep paying, but I didnt think it was an issue. I will appeal it on the grounds that I don't agree with the amount it is for, does the fact the company no longer officially exist have any baring on my appeal?

FireWyrm

Yes. The company has liquidated. The CCJ should have been paid to the liquidator not the MD. This is fraud since the asset wasnt his to take.

PS, I think your MD might have bigger problems on his plate than enforcing that CCJ since a court would naturally want to know to whom you were paying the money.....

Essexdave

So how does this effect me trying to get the CCJ set aside?

Do I have to appeal in a different way? I am not really that concerned about the money, more about the stain on my credit file. It will prevent me getting this other job

stevemLS

Afraid you have a very limited time (21 days) to appeal against a CCJ and then you can only do so if the court made an error of law or there was some serious procedural irregularity.

I think the prospects of a successful appeal three years on are zero to none. Sorry.

However, as others have said, if the credit was the limited company which has been liquidated, the debt is owed to the administrators and not the former MD.

Essexdave

Thanks guys,

These is so frustrating as I will be declined for a job due to having a CCJ. More than a little annoying!

Thanks anyway people. Tempted to buy the company name and stop them from reforming the company under the same name...

Tixy

For reference it is possible to get a judgement set aside years after the judgement date - not only for 3 weeks in certain situations.

But OP in your case I am not sure you would have a case for it being set aside now, as you were obviously aware of the judgement and have been paying it back. And its not clear if you could prove that you didn't owe the money.

Paying the ex MD is a very bad idea - even when you think the full amount is paid you are not going to be able to get the CCJ shown as satisfied on the registery trust or your credit files - as you have not paid the correct people.

The MD is not in a position to enforce the debt by bailiffs, it would have to be the administrators who would appoint bailiffs.

chanz4

pay the or of the company

eyeopener2

Could be worth a chat with the court and telling them who you have been paying, I'm sure they would be interested. You do have receipts for all the money you have handed over I hope?