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CCJ pay it or not to get a Mortgage

ady117
ady117 Posts: 2 Newbie
edited 5 April 2014 at 4:17PM in Credit file & ratings
Hi all, I have a CCJ for £4300 I have had it 14 months, I disputed it and tried to get it "set aside" as the court did not receive my defence (they say) and judgment was passed.... The judge at the set aside hearing asked me to produce a defence right there and then, which I did not have (or at least a full defence "which i did tell him").. he found in favour of the "company that bought my debt" and took me to the Northampton CCJ machine in the first place... so I couldn't set it aside and put my defence together for another hearing ...(it's complicated)..( could I try again to have it set aside?)

Anyway, I can pay this CCJ today in full.. to get rid of it, this is the only bad debt I have... but even if i pay it off, it's still on my file, and although would be marked as "satisfied" I'm sure it will still hinder me in getting a mortgage with a good rate ... so should I pay it off and waste £4300 hard earned cash? or get a sub prime mortgage that will lend to me and just pay a little more interest for 5 years (hope it's less than £4300), then remortgage when it's removed anyway ? Thanks all

Comments

  • ady117
    ady117 Posts: 2 Newbie
    wow... must have stumped a few with this one... I'm just trying to look at options... an extra £4300 on the deposit might be better off than paying the CCJ or paying a higher rate of interest for 5 years with a sub prime mortgage might work out better value than paying off the CCJ ?... is it just a daft question really ?
  • themull1
    themull1 Posts: 4,299 Forumite
    My husband has a CCJ that he settled for £137 and we couldnt get a mortgage anywhere, not even sub prime.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    If you apply for a mortgage and have enough to pay the CCJ do you think they won't ask why you haven't paid it ?

    Doesn't look very good does it ?
  • DaveTheMus
    DaveTheMus Posts: 2,669 Forumite
    You'll be lucky to get a mortgage with a satisfied CCJ
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • Angry_Bear
    Angry_Bear Posts: 2,021 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker PPI Party Pooper
    If you have a CCJ and have the money to pay it ... maybe you should (and not just for mortgage reasons). The people you owe the money to could get an attachment of your earnings, or call in Bailiffs, or if you do manage to get a mortgage they could get a charging order placed on your house.

    14 months isn't particularly long ago, and gambling that the people you owe almost £5k to won't try to enfore this for almost 5 years seems a pretty big risk to me.

    It is possible to get a mortgage at a decent rate with a CCJ, but you'd need to have a lot of other factors in your favour. I doubt that one so recent, and unsatisfied would allow you to even get a "sub-prime" mortgage.
    Do you not know that a man is not dead while his name is still spoken?
    ― Sir Terry Pratchett, 1948-2015
  • Sparx
    Sparx Posts: 909 Forumite
    Part of the Furniture Combo Breaker
    How is it a waste of £4300 hard earned cash if you pay off the CCJ so it is marked settled? It's £4300 of someone else's hard earned cash you have already spent and should be paying back..
  • PaulW922
    PaulW922 Posts: 1,040 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 6 April 2014 at 10:26AM
    You should certainly pay it because as has been said above, the creditor will otherwise enforce it!

    If you go to a set aside hearing on the basis that you sent in a defence which didn't turn up, and then say you do not have that defence, I would expect the Judge to rule in the creditors favour. However if you believe that your defence is sound you could always apply for a set aside again on the basis that your defence is now available..

    If it is a sound defence you could even send it to the creditor in advance and see if they re prepared to agree to the set aside rather than turn up and defend something they will lose. But, whatever you do, be prepared. Don't turn up at the court without having got your case together.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you are serious about obtaining a mortgage then suggest you settle. Little point in playing games as the only loser in this whole saga is you. Trying to be clever hasn't paid off.
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