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CCJ removal if paid?

My OH has a CCJ for an unpaid water bill.

The thing is, she did pay it off but didn't send the confirmation letter off to the court in time to stop it being issued. :wall::doh:

Is there any chance she can do anything about this?

If she has the proof (confirmation letter) that the debt was paid before the issue of the CCJ, can it be removed?
«1

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hello there,

    If the debt was paid before the CCJ was obtained, the court *must* allow the CCJ to be 'set aside'. This will remove it from her credit file and the register of court judgments, orders and fines. There may be a fee for the set aside application.

    You can read more information here:
    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

    Best wishes,

    David @ NDL.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • lstar337
    lstar337 Posts: 3,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thank you for quick response.

    That is excellent news.
  • lstar337
    lstar337 Posts: 3,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Does it matter that the judgement was made probably about a year ago?

    We just assumed there was nothing we could do about it and so it all got filed away. I only recently found out it was possible to have the CCJ removed under certain circumstances which is why I am asking so long after the judgement.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Simply providing the court with proof the CCJ was paid should be enough for them to remove it's registration.

    You need to talk to the court to see whether they need you to just do that, or to go through the formal set aside procedure.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • lstar337
    lstar337 Posts: 3,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    fermi wrote: »
    Simply providing the court with proof the CCJ was paid should be enough for them to remove it's registration.

    You need to talk to the court to see whether they need you to just do that, or to go through the formal set aside procedure.
    Thanks for your help.

    I think we'll speak to the court to see what steps we need to take.
  • lstar337
    lstar337 Posts: 3,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    OK, so I looked at the two letters last night.

    It seems after all this time that there was no deadline to send the letter off, my OH just misunderstood.

    One letter says that the account is settled and that they have enclosed a letter to send to Northampton County Court to have the judgement removed from the register.

    The second letter (enclosed with the first) has the details explained and instructs us to send it to Northampton County Court via the address they have given, along with a cheque for £15.00 so they can send us a Letter of Satisfaction.

    Should we just send the two letters along with the proof of payment and a cheque for £15.00 to the address they have given us?

    Or has the process changed since the letters were sent?

    The letters are dated November 2012.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Should be the same. Please contact the court to confirm exactly what you need to do.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fevlo
    fevlo Posts: 203 Forumite
    Debt-free and Proud!
    It should just be a case of sending the Court your letter of satisfaction.
    Unless you specifically need a Certificate you dont need to pay anything, Proof from the creditor that the Debt has been paid is enough for the Court to mark the CCJ as satisfied / remove it if aplicable

    [STRIKE]DFD - 24th October 2015[/STRIKE] [STRIKE]DFD - 24th March 2015 [/STRIKE]
    DEBT FREE 24.03.15
  • lstar337
    lstar337 Posts: 3,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    fermi wrote: »
    Should be the same. Please contact the court to confirm exactly what you need to do.
    OK, will do.

    Thanks for you advice.
  • lstar337
    lstar337 Posts: 3,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    fevlo wrote: »
    It should just be a case of sending the Court your letter of satisfaction.
    Unless you specifically need a Certificate you dont need to pay anything, Proof from the creditor that the Debt has been paid is enough for the Court to mark the CCJ as satisfied / remove it if aplicable
    Will we not need the certificate as proof to send to the credit scoring companies?
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