Satisfied CCJ still killing my credit rating

Cannonball

Ah ok thank you. Unfortunately the CCJ began while I had left my wife and she was not forwarding post to me so I did not know the debt had escalated to the courts. I was hoping to appeal to have it set aside now I have settled it, but I can see now that setting aside the record so it no longer appears is NOT what setting aside is actually for. I don't think there is much I can do except bite the bullet and live with it.

That said, thank you for explaining the difference between the arbitrary score and the checks that take place, that's very helpful.

Thank you.

matttye

Cannonball wrote: »

Ah ok thank you. Unfortunately the CCJ began while I had left my wife and she was not forwarding post to me so I did not know the debt had escalated to the courts. I was hoping to appeal to have it set aside now I have settled it, but I can see now that setting aside the record so it no longer appears is NOT what setting aside is actually for. I don't think there is much I can do except bite the bullet and live with it.

That said, thank you for explaining the difference between the arbitrary score and the checks that take place, that's very helpful.

Thank you.

Having a CCJ set aside just causes proceedings to restart. As there's no debt left for the creditor to obtain a judgment on, the court would just stay proceedings indefinitely - I think.

I think it's worth having a go.. you might get a sympathetic judge.

Thrugelmir

matttye wrote: »

I think it's worth having a go.. you might get a sympathetic judge.

Non forwarding of mail is a lame excuse. Old as the hills.

Cannonball

A lame excuse? Not according to the courts' advice. Apparently not receiving the communications from the courts due to absence counts as grounds for setting aside.

rizla_king

I the reason for not getting the papers is genuine then the court will consider it.

Thrugelmir

rizla_king wrote: »

I the reason for not getting the papers is genuine then the court will consider it.

Use mail redirection.

matttye

Thrugelmir wrote: »

Non forwarding of mail is a lame excuse. Old as the hills.

If the OP has £80 spare and wants the info removing, is there any harm in applying?

This is a genuine question, as I'm not sure whether or not the judge can add costs to frivolous applications.

Thrugelmir

matttye wrote: »

If the OP has £80 spare and wants the info removing, is there any harm in applying?

No harm in applying. Though as you say it is £80 to do so.The grounds would have to be pretty compelling in written form.

The obvious question being, why appeal now some 2 years later?

ValHaller

Thrugelmir wrote: »

Non forwarding of mail is a lame excuse. Old as the hills.

Depends on circumstances I would think. If someone moved and did not advise the creditor of the new address, then hard luck. If OP was still living at the address in question, had good rights to live there, and could normally receive his mail there then he was not under a duty to update his address with the creditor.

I would expect set aside applications in this scenario to be considered according to whether the applicant had fulfilled his responsibilities to the creditor in giving a valid address.

Thrugelmir wrote: »

No harm in applying. Though as you say it is £80 to do so.The grounds would have to be pretty compelling in written form.

The obvious question being, why appeal now some 2 years later?

The obvious answer being it will otherwise remain on record for another 4 years.

Thrugelmir

ValHaller wrote: »

The obvious answer being it will otherwise remain on record for another 4 years.

Wrong perspective. Put yourself in the position of convincing a court. The elapsed time does nothing to support the application.