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Removing a CCJ from a bankrupt company

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4 years ago I had a 12 month lease on a car with a company who caused me nothing but problems and upset.

To cut a long story for the first 3 months they tied to DD my old bank account and every time I updated them they still used the old info (blamed a computer glitch). When I got the email from them I called up and paid right away and complained but nothing ever happened.

On the fourth month I went outside and the car was gone, I called the company and was told it was repossessed for non payment and I would have to wait to get my personal contents back including a 4k watch

Weeks went on and they told me they would provide me with my items once I pad them almost 4k which included the remainder of the lease, fines etc which tbh was crazy as it was their fault and I paid as soon as they screwed up.

The decided to claim the money against me and my lawyer was dealing with it as I was staying in spain for 6 months and for some reason a CCJ was issues and still sits on my file.

The company in question still trades (the brand) but they, the old liquidator or anyone else seems to be able to help me fix this issue.

Does anyone know if its possible to have this removed as the company no longer exists and nobody is pursuing it , its simply causing me issues

Comments

  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    No. The old company winding down doesn't mean the money isn't still owed. It will still be owed to someone.

    Assuming the solicitor defended the case there would've been good reason for them to still issue it.
  • When I spoke to the administrator they told me they were not interested in chasing the money and they would be taking no action to recover it.

    My solicitor at the time never defended the case correctly and thats why I ended up in the situation
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    Considering it's the job of the administrator by law to recover anything they can for creditors and get the most they can in the £1.

    That seems very odd.

    Your only option is to apply for a set aside. You'd have to prove it was incorrectly granted, just because the old company is now in administration, isn't a defence.
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    This is a bit of a hard story to swallow...

    You had your car repossessed due to an error in collecting a DD - is that right?

    Your car had a £4k watch in it? Really? Why would you leave it in the car? Why would you never claim it back?

    Your solicitor failed to dispute the case? You just let him do that? Did you pay the bill for his services? Complain about his incompetence?

    You then left the situation unchallenged for over 4 years?

    Yep - totally believable.
    :hello:
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    vapo wrote: »

    My solicitor at the time never defended the case correctly and thats why I ended up in the situation

    Perhaps you should have bothered to attend the court hearing. Judge will take your non appearance as a lack of interest.
  • The court was at the very other side of the country and I was traveling for work every week to a different european destination.

    Im sure I could have done lots of things differently but in this case I never and I am now trying to resolve the issue :)
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    magic number 4
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • MEM62
    MEM62 Posts: 5,309 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    vapo wrote: »
    4 years ago I had a 12 month lease on a car with a company who caused me nothing but problems and upset.

    To cut a long story for the first 3 months they tied to DD my old bank account and every time I updated them they still used the old info (blamed a computer glitch). When I got the email from them I called up and paid right away and complained but nothing ever happened.

    On the fourth month I went outside and the car was gone, I called the company and was told it was repossessed for non payment and I would have to wait to get my personal contents back including a 4k watch


    You left a £4K watch in your car? I don't think so. Also, a lease company would not have grounds for repossession on the circumstances that you have explained. Particularly if, as you have claimed, any missed payments were made straight away.

    Weeks went on and they told me they would provide me with my items once I pad them almost 4k which included the remainder of the lease, fines etc which tbh was crazy as it was their fault and I paid as soon as they screwed up.


    A lease company cannot hold your personal property to ransom for outstanding payments and no reputable company would even consider it.

    The decided to claim the money against me and my lawyer was dealing with it as I was staying in spain for 6 months and for some reason a CCJ was issues and still sits on my file.


    For some reason? It was awarded because you didn't bother to defend it.

    The company in question still trades (the brand) but they, the old liquidator or anyone else seems to be able to help me fix this issue.

    Does anyone know if its possible to have this removed as the company no longer exists and nobody is pursuing it , its simply causing me issues


    I think this is either a load of tosh or there is a lot more to the story than the OP is letting on.
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