Satisfied CCJ still killing my credit rating

rizla_king

ValHaller wrote: »

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

Exactly. The court may question why you delayed, but are fairly receptive to normal reasons. For example that you just were not aware that you could apply for a set aside in the first place.

ValHaller

Thrugelmir wrote: »

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

There is no formal time limit on set aside AFAIK - unlike the creditor who has 6 years. If the creditor has 6 years, then it is not unreasonable to be seeking a set aside after 2 years.

Plus there is a benefit to be gained from a set aside after 2 years. Courts do not set out to be unreasonable and I cannot see that the time should prejudice OP seeking a set aside if he so chooses

Cannonball

Thrugelmir wrote: »

Use mail redirection.

Perhaps rereading my original post will inform you of why this did not happen.

Thank you all for the kind advice, it is much appreciated.

Thrugelmir

ValHaller wrote: »

There is no formal time limit on set aside AFAIK - unlike the creditor who has 6 years. If the creditor has 6 years, then it is not unreasonable to be seeking a set aside after 2 years.

Plus there is a benefit to be gained from a set aside after 2 years. Courts do not set out to be unreasonable and I cannot see that the time should prejudice OP seeking a set aside if he so chooses

In the broadest terms there would still have to be an explanation as why the debt was totally "forgotten". A CCJ is a last resort collection method. In making application the plantiff has to satisfy the judge that all other avenues have been exhausted. So it's not a question of the serving of the CCJ in isolation.

rizla_king

Utter nonsense. If you don't respond to the claim forms then there is no need to satisfy a judge of anything. A judge doesn't even see the case or claim. The CCJ is just issued in default by the court staff. By doing this they get away with the vaguest POCs you could imagine.

That is how many CCJ are obtained by creditors or debt collectors. A favourite tactic is sending to a previous address, where they think there is a good chance the defendant will never know about the CCJ application until after default judgement has been issued by the court staff.

Thrugelmir

rizla_king wrote: »

A favourite tactic is sending to a previous address, where they think there is a good chance the defendant will never know about the CCJ application until after default judgement has been issued by the court staff.

Many people think that disappearing off the face of the earth is a way of avoiding paying due debts.

Utter nonsense

Still doesn't address the point about a debtor knowing that they owe the money. Spin it anyway you like. The way of tackling the issue is communicating with the creditor. Avoidance in any form is bound to cause more stress in the longer term.