Removal of CCJ if paid within a month

MQ77

Hi

I can't believe it, I have been given a ccj , just 2 months from being clear.

In brief, several years ago made mistakes with credit. Defaulted several accounts. Head in the sand for a year or so and then contacted everyone of my creditors and made regular payments.

One of them was a monthly payment from debit card (all others were standing orders) card number changed and I hadn't realised as the default had dropped off my file.

Got a letter in July saying to contact them. I sent an email a few weeks later (my 96 yr old grandmother had just died) so took a while to get sorted. Saying I would be happy to make a payment if they gaveme their details so I could set up account. Hadn't heard anything until court order came through.

Judgement against me on 12th December.

I'm so annoyed as have been really good. New credit cards all up to date etc. and last default off file in February then I get this.

Setting me back 6 more years,

On the cab website it says it can be removed if paid within 1 month in full.

Is this true? I could scrape together the funds by borrowing off my mam if it's going to get it removed.

If not. I'm screwed... No mortgage or anything.

Help please if anyone has successfully paid off a ccj in a month and had it removed.

I'm at my wits end.


Thanks

inmypocketnottheirs

This should give you all the info you need:

http://www.trustonline.org.uk/understand-judgments-fines/removing-a-ccj

Buzby

What are the dates? A recorded judgement usually follows 3-4 weeks after the case is heard. If it was heard on 12/12/13, you will not have a CCJ until January, so pay the required amount and get the creditor to confirm this, and you will not get a CCJ.

However, if the case was heard earlier, and the CCJ is dated 12/12/13, then you are stuffed - any payment will simply change the flag from owed to settled or satisfied.

rizla_king

MQ77 wrote: »

Judgement against me on 12th December.

On the cab website it says it can be removed if paid within 1 month in full.

Yes. True. So you have until 12th Jan if judgement was entered on 12th Dec.

ValHaller

Are you saying that you did not receive papers telling you that they were taking you to court? If that was the case, then you may have grounds for a set aside which essentially means that the creditor has another go at suing you and you get a go at defending. Have you changed address since July?

MQ77

The date of the judgement entered is 12th December.

I'm annoyed that I had an agreement, paying 26.00 per month. When my debit card number changed the payments stopped.

When I received a letter from them in the July (14 months after the last payment) I emailed them straight away. Saying I would make a payment of 100 straight away, and to reset up a direct debit. I never heard anything until I got court papers. I filled them in online as I wasn't disputing my debt.

I have access to 700 from my own savings account and will put 1500 onto a credit card (I Can afford the repayments) will try to borrow other 1400 off my mam.

As I say my credit for the last 4 - 5 years has been great. My last defaults from 6 years ago finishes in February. I can't let this stay on my file.

All the work I've done to paying off everyone each month to rebuild my status will have been wasted as I'll not get a mortgage for 6 years.

Thanks for your advice.

ValHaller

MQ77 wrote: »

When I received a letter from them in the July (14 months after the last payment) I emailed them straight away. Saying I would make a payment of 100 straight away, and to reset up a direct debit. I never heard anything until I got court papers. I filled them in online as I wasn't disputing my debt.

Not quite what you told us initially:

MQ77 wrote: »

Got a letter in July saying to contact them. I sent an email a few weeks later (my 96 yr old grandmother had just died) so took a while to get sorted. Saying I would be happy to make a payment if they gaveme their details so I could set up account. Hadn't heard anything until court order came through.

Judgement against me on 12th December.

Look, if you want advice to try and deal with something, the time to post is when you see trouble coming over the horizon, not after it has hit you to the floor.

If you had just paid the missing payments when they contacted you about them, you would have had a defence - in fact they might not have gone to court, because they would have expected that the judge would be taking your side.

If you had paid £100 when you offered it instead of mucking around with an email, this would probably be ticking along fine. As it is you have £700 in savings - by my calculations if you had not paid from 14 months before July, you have not paid for 20 months - about £520 - so you could have brought your account up to date at any time before the court papers arrived

Life lessons for you

• when you muck people about, they don't have patience for you
• when you are not straight with people, they have no sympathy for you

You have mucked your creditor about and they lost patience with you. You didn't come here while this was all brewing, you left it until it was done and dusted and the only thing left to give you was sympathy - but you even messed that up by not being straight with us.

You were not even straight with your creditor, you ducked and dived and hoped that you would get away with it. You put your ducking and diving on higher priority than your mission to get a clean credit record. Turned out well, didn't it?

If you do get £1400 from your mother, make sure you make paying her back your first priority. Be straight with her and don't muck her about

rizla_king

MQ77 wrote: »

The date of the judgement entered is 12th December.

Get it paid before the 12th Jan and then make sure the judgement is cancelled.

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1157

Buzby

If the judgement was entered on 12/12/13, then IMO it is already too late. It is only paying within the month of the case being heard that prevents the Judgement being entered.

It is the lack of payment that allows the CCJ to be entered, and it appears this has already happened. When payment is made it will be updated by the creditor to show payment, but obviously be marked as Satisfied/Settled, not removed.

rizla_king

No, it's one month from the date of the judgement. Entering the judgement is not a consequence of lack of payment, it is what happens when the judgement is made by the court. Judgement is entered when it is issued, which is the judgement date on the N30. Then and only then are you sent a copy with the ordered payment terms.

What is the difference between a satisfied judgment and a cancelled judgment?

If a judgment has been paid in full within one month of it being issued (e.g. Judgment entered on 01/02/06, paid in full 25/02/06) your judgment will be marked as cancelled and will be removed from the Register of Judgments, Orders and Fines.

If the judgment is paid in full after 1 month of it being entered (e.g. Judgment entered 01/02/06, paid in full on 04/06/06), it will be marked as satisfied on your file. This will remain on the register of Judgments, Orders and Fines for 6 calendar years from the date of the judgment order.

ValHaller

Buzby wrote: »

If the judgement was entered on 12/12/13, then IMO it is already too late. It is only paying within the month of the case being heard that prevents the Judgement being entered.

It is the lack of payment that allows the CCJ to be entered, and it appears this has already happened. When payment is made it will be updated by the creditor to show payment, but obviously be marked as Satisfied/Settled, not removed.

You are mistaken. If what you wrote was true, you could not let an honest dispute go to court, you would just have to pay up to protect your credit record.

Suppose you were being taken to court for the price of goods, but they had never been delivered or were faulty. Would you want your day in court if you risked a CCJ and you risked it on your record? Probably not.

The CCJ is the judgement which settles the dispute. There is no reason for that to go on the public record. What does go on the record is effectively failure to abide by a CCJ. Hence the month to pay up.