CCJ removal.

mark2jag

I had a CCJ registered against me by Black Horse in 2011. Black Horse have sent me a letter saying that i owe them nothing. they sold the debt on to a Third party, and I have made what I believe to be a fair and amicable arrangement with this third party, who also seem quite content with the amount i am repaying them at the present time even though they have no intention (their words not mine) of informing the courts of this updated information.

The CCJ in my opinion should be removed because as far as i am concerned it no longer exists. Black Horse are also of the same opinion. equifax have said that they will amend my records, but on checking it's still there.

If i took this to court (and I think I might have to!!!) would I be able to use the letter from Black Horse as a certificate of cancellation. The letter BH sent me confirms that I owe them NO MONEY.

Could i use set aside procedure to get rid of this damn CCJ, as after all I dont owe them anything now. i am also aware that the new company could not apply for a CCJ for the same debt, or at least that is what I am led to believe.


P.S I got an email from Equifax sayinbg that they would remove the information, but does this also mean the CCJ as well.

When I checked my credit file it still appears to be there, although my credit score has gone from 280 to 489, so as you can see I'm a little confused.

I'm not after something for nothing, I owe the money and will carry on paying it until its gone. The rules and regs are frying my brain and I would appreciate any help anyone can give me.

Mark.

Tixy

Even if equifax did just agree a CCJ from your file (which I think they won't) it would still appear with the credit reference agencies and on the registery trust register.

I think the only way to remove the CCJ would be to make a set aside application.
If BH don't contest your application then the judge should agree to the application.

But I believe that potentially the current owner of the debt could take court action against you if they wanted to at a later stage (and assuming they hold the proper documents etc). That said if they are happy with your repayment plan then there is no reason to think that they would.

mark2jag

How mad is that. i have a letter from BH saying, basically he owes us nothing. i also have an email from Experian saying that they have removed the incorrect information (even though they havent YET, but I'm told it can take up to a month to remove)but you are saying i may still have to go to a court and ask for a set aside. i have to say i am not looking forward to that option as I'm really quite bad with forms, and the one the courts has sent me I dont understand in the least. Does anyone out there understand N244's. It's almost enough to make me want to forget it all and just let the !!!!!!s win and leave well alone. Help!!!...

matttye

mark2jag wrote: »

How mad is that. i have a letter from BH saying, basically he owes us nothing. i also have an email from Experian saying that they have removed the incorrect information (even though they havent YET, but I'm told it can take up to a month to remove)but you are saying i may still have to go to a court and ask for a set aside. i have to say i am not looking forward to that option as I'm really quite bad with forms, and the one the courts has sent me I dont understand in the least. Does anyone out there understand N244's. It's almost enough to make me want to forget it all and just let the !!!!!!s win and leave well alone. Help!!!...

Have you tried reading the notes for guidance? http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n244-notes-eng.pdf

Question 3: "I would ask the court to set aside the judgment made against me because Black Horse (the creditor that applied for the judgment) has confirmed that I no longer owe them any money and they have sold the debt on to another company."

Question 5: you want the matter dealt with [x] Without a hearing. Given that Black Horse have confirmed in writing that you owe them no money, they can't really object to the CCJ being set aside. If all parties are agreed to the matter being dealt with without a hearing then that's how it should be dealt with.

Question 6: guidance speaks for itself on this - "Question 6
If you do not know how long the hearing will take do not guess but leave these boxes blank."

Question 7: again speaks for itself - "Question 7
If your case has already been allocated a hearing date or trial period please insert details of those dates in the box."

Question 8: district judge.

Question 9: Black Horse. That's it.

Question 10: tick 'the evidence set out in the box below' and then explain in your own words basically that you no longer owe Black Horse any money as they have sold the debt onto another company and attach a copy of their letter confirming this to be the case. Sign the statement of truth.

Hope this helps

mark2jag

would it be appropriate to just explain that I no longer owe BH the money, or do I have to include the fact that it has been sold on to another company, or really does it make no difference
I dont really want to withhold a material fact, but would it make any difference what happened after BH got rid of the debt and would the court really be interested???

Thank you for the very quick response by the way.....


Mark

sharpy2010

Am I right in thinking that you used to owe black horse something, but for whatever reason the debt didn't get repaid, so it was transferred to a debt collection agency. At this point, black horse wrote and said you owed them nothing, so you now believe that because you don't owe black horse anything, that the debt has gone forever?

Or am I missing something here?

mark2jag

they sold the debt on to a Third party, and I have made what I believe to be a fair and amicable arrangement with this third party, who also seem quite content with the amount i am repaying them BH have sent me a letter saying they have no financial interst in me so the CCJ is (a) factually incorrect, and (b) out of date, so asking for a set aside is not asking too much.

Again if you had read my post properly which you did not you would have seen that i also said:I'm not after something for nothing, I owe the money and will carry on paying it until its gone.

is that clear enough???Oh and by the way you cant have 2 CCJ's for the same debt. According to another post I have just read on here.

sharpy2010

mark2jag wrote: »

Again if you had read my post properly which you did not you would have seen that i also said:I'm not after something for nothing, I owe the money and will carry on paying it until its gone.

is that clear enough???Oh and by the way you cant have 2 CCJ's for the same debt. According to another post I have just read on here.

Calm down, I did read it, I didn't quite understand it and wanted to get the facts before I tried to give some advice that may help.

But after that tirade you can forget it.

mark2jag

I humbly apologise, but the tone of your reply sort of implied that i was after something for nothing. I'm not and never have been. At the time of the original CCJ I didnt so much as have a pot to pee in. I genuinely do have a letter from BH saying that they have no further interest in this matter, amount owed is £0.00 (NIL) Any useful advice you can give me would be appreciated, and sorry to assume wrongly that you were just trying to elicit a reaction from me.
I appreciate it would be unreasonable to ignore a debt in the hope it would go away and never bother me again which is why i did say that the new company seems relatively happy with my current arrangement.

i think sometimes its all to easy to get the wrong end of the stick when reading someone elses post.

Well, anyway we all live and learn, allegedly...


Mark

matttye

mark2jag wrote: »

would it be appropriate to just explain that I no longer owe BH the money, or do I have to include the fact that it has been sold on to another company, or really does it make no difference
I dont really want to withhold a material fact, but would it make any difference what happened after BH got rid of the debt and would the court really be interested???

Thank you for the very quick response by the way.....


Mark

I don't think it really matters whether you tell them the debt was sold on, but just be careful not to mislead the court into thinking you've paid the debt. I would tell them the debt has been sold, because I don't think it can do you any harm and then they have all the facts to consider.

You're also going to produce Black Horse's letter as evidence, so if that makes any reference to the debt being sold the court will know from that anyway.

ValHaller

mark2jag wrote: »

I humbly apologise, but the tone of your reply sort of implied that i was after something for nothing. I'm not and never have been. At the time of the original CCJ I didnt so much as have a pot to pee in. I genuinely do have a letter from BH saying that they have no further interest in this matter, amount owed is £0.00 (NIL) Any useful advice you can give me would be appreciated, and sorry to assume wrongly that you were just trying to elicit a reaction from me.
I appreciate it would be unreasonable to ignore a debt in the hope it would go away and never bother me again which is why i did say that the new company seems relatively happy with my current arrangement.

i think sometimes its all to easy to get the wrong end of the stick when reading someone elses post.

Well, anyway we all live and learn, allegedly...


Mark

Did you know about the court case at the time of the CCJ? Did you actually owe the money to BH at the time of the CCJ or did you owe it to the 3rd party?

An accurate timeline would be helpful here - your information is partial. If you are embarrassed about this and you are telling less than the whole story. you might get (((hugz))) and sympathy, but if you want this CCJ gone, you need to give a good account of what happened to get the right advice. Because any holes - or even carelessness which means that you pass over something in your favour in your story will undoubtedly leave you stuck with this CCJ

As I see it, you may have grounds for set aside if the party getting the CCJ did not actually own the debt at the time - or there may be grounds if there was no correspondence - although if you moved without a forwarding address, you may not get a set aside