CCJ removal.

matttye

ValHaller wrote: »

A ccj is based on 2 of pillars of truth

• That there was a contractual debt
• That the debt has not been settled

And on those pillars rests the outcome

• That the defendant be ordered to pay etc.

As far as I can see, judgement is probably correctly lodged against OP and regardless of selling on the debt, the pillars of truth remain and the ccj should stand.

The doubts in my mind are solely

• That BH may have gained the ccj after selling the debt on - in which case they would not have the standing to bring an action - and a ccj set aside would be the correct outcome
• That BH may not have brought a valid action through not communicating correctly with OP

This requires OP to return and clarify.

Let's look at it another way.

Most CCJs order instalment payments to be made to the creditor named. In the OP's case, in order to comply with the judgment he would have to continue to pay Black Horse even though they have sold the debt on and he doesn't owe them a penny. If he doesn't pay as ordered, he is in breach of the CCJ.

This surely cannot be correct. The judgment needs to be amended so that the new creditor is named, or set aside/marked as satisfied (although marking as satisfied may be misleading).

Experian_company_representative

Sounds to me like the CCJ should be marked 'satisfied.' The court will arrange this for free if you show them a letter from the claimant confirming the debt is no longer outstanding. It should only be set aside if it was wrongly made or cleared within a month.

James

ValHaller

Experian_company_representative wrote: »

It should only be set aside if it was wrongly made or cleared within a month.

It should only be set aside if is was wrongly made. If it is set aside, then the complainant is free to have another try normally - although there may be no need.

If it is cleared within the month, it still stands. But it should not be recorded in the Credit Record.

93tillinfinity

Yeah, you can have this set aside, though this does usually cost about £80 quid - Im not sure of cases where it doesn't. If a CCJ is paid within one month it's also removed.

https://www.ukcreditinfo.co.uk/cms/how-to-remove-a-ccj-ccj-check/

And check out the Trustonline website. The CCJ would have to be removed from their registry not a credit agency.

pocket_poppet

Hello - my daughter and her partner have been looking for a new house, they have found the one of their dreams have saved hard and on the day they were to sign the paper work for their mortgage it was refused because her partner had a CCJ showing up on the credit searches.against him. Some years ago before he met my daughter got behind with a payment for a mobile phone company this was sold to a debt company. His grandfather paid the debt up in full, and he paid him back weekly. then forgot about it as all paid up years ago. but it is showing that in August this year a CCJ was issued, no one has ever received any letters or correspondence at all at any of his previous addresses regarding a court appearance. We have sent a letter to the Halifax to get a copy of the original cheque and a statement to show that it was cashed and we are still waiting for this, but in the meantime they are going to loose the house through no fault of their own, has anyone got any idea what we have to do and how long it will take ? they are heart broken, by the way the CCJ only shows up on one credit search the other main one says his credit is good. if anyone can help i would appreciate it

matttye

pocket_poppet wrote: »

Hello - my daughter and her partner have been looking for a new house, they have found the one of their dreams have saved hard and on the day they were to sign the paper work for their mortgage it was refused because her partner had a CCJ showing up on the credit searches.against him. Some years ago before he met my daughter got behind with a payment for a mobile phone company this was sold to a debt company. His grandfather paid the debt up in full, and he paid him back weekly. then forgot about it as all paid up years ago. but it is showing that in August this year a CCJ was issued, no one has ever received any letters or correspondence at all at any of his previous addresses regarding a court appearance. We have sent a letter to the Halifax to get a copy of the original cheque and a statement to show that it was cashed and we are still waiting for this, but in the meantime they are going to loose the house through no fault of their own, has anyone got any idea what we have to do and how long it will take ? they are heart broken, by the way the CCJ only shows up on one credit search the other main one says his credit is good. if anyone can help i would appreciate it

For a start they should check all three credit reports in plenty of time before applying for anything finance related but especially a mortgage. If they'd done this a while ago then they would have had time to sort things out. I appreciate they can't change that now but something to think about in future.

There are a few avenues to explore: -


(1) They should obtain the proof that the debt was paid and then apply to the court to have the CCJ set aside. Bear in mind that the simple fact that some money was paid to the phone company does not necessarily mean the debt was paid in full. They'll need a statement of account from around the time that it was paid so they can show it was paid in full.

(2) Do you think there was ever a gap of 6 years between last payment / acknowledgement of the debt and the issuing of court papers? If so, the debt is statute barred and you should be able to have it set aside.

(3) If no papers were received they should again be able to have it set aside.