If PPI is awarded can a CCJ be removed?

Richard44

[FONT=Calibri, Verdana, Helvetica, Arial]I got into debt some years ago and defaulted on several credit cards and loans. I came to arrangement to freeze interest and pay in installments and have been clearing debts since. Many were sold by the banks/credit card companies to debt collecting companies.

One in particular, from MBNA, was sold on to LINK financial who were vicious. They, unlike anyone else, took me to court and got a CCJ registered against me against my house.

Since then I have been unable to get any credit, have not been able to move my mortgage or phone contract to get better deals, cannot finance things. I cannot get loans. I’ve made use of pay day loans and credit unions until I got on my feet. The CCJ has cost me money in terms of not switching to better deals and having to use high interest money lending on occasion.

I have just won my case against MBNA for PPI on that account. My letter today states they owe me just over £1000 approx. I understand that if there is an outstanding debt, rather than send me the refund, they can recall the debt, and keep the refund towards it (which is fair enough.)

So my question is, if the bill that LINK went to court with was incorrect, and is recalled by MBNA, can I have the CCJ awarded to LINK annulled and removed from my credit file? The CCJ was put against me for an incorrect debt. As I have paid off a lot of the debt now, by the time they take the refund off, I won’t owe much and can probably pay it off completely straight away.

Would I be within my rights to get the CCJ removed? Is there any scope for also claiming due to the extra costs I have suffered due to having a CCJ?[/FONT]

meer53

Why do you think the debt to MBNA was incorrect ? You didn't pay what you owed, this is why the CCJ was applied. Any PPI refund will probably be used to offset what you owed them. It won't affect the CCJ.

roonaldo

You would also have to prove that the PPI was the reason for you struggling. They are meant to consider consequential loses, but you need to prove the PPI was at fault.

You say you defaulted on several credit cards and loans, I assume this your debt is a signficant amount.

Your redress for your PPI mis-sale is just over £1000 so your PPI premiums were most probably quite low. I would imagine your debt problems were due to being over committed not the PPI.

You're not getting the credit you want as you are high risk and have a poor credit history. In reality, you're not going to get the CCJ removed, you can get it satisfied by paying off the debt but it doesnt mean it never existed. It will eventually disappear from your credit profile after 6 years.