CCJ issued while I was living abroad

SarsHK

Hi just wondering if anyone can help.

In January of 2008 I moved abroad for work and was away until February of 2009. I have been keeping abreast of my credit on experian and there was nothing untoward on there. However, this morning I decided to look at my Call Credit report and it seems that there is a CCJ on my account from October 2008.

As stated above, I was living in Hk at the time and so did not receive the summons. I wrote to all my creditors when I moved but do not still have copies of letters or anything as it was so long ago. I am able to prove that I lived abroad through my old bank statements and can get a letter from my employer at the time confirming my dates of employment. I am a resident of the country I moved to so have no stamps in my passport for when I left and entered the country, however I was actually on holiday in the Philippines at the time of the CCJ being issued and have the stamps in my passport to prove this.

Do you think I'm likely to be able to get this set aside? I know it'll fall off my credit report in 6 months but I need to rent a flat desperately as I have a baby due in a few weeks and don't want this on my record.

Thanks for your help.

Thrugelmir

You failed to settle a debt and also failed to notify the creditor of your new address for correspondence. So there's no grounds for set a side.

Ignoring a debt and walking away isn't an option as you've now found out.

rizla_king

SarsHK wrote: »

I wrote to all my creditors when I moved

You may be able to get it set aside. Will take longer than a 'few weeks' though.

DCFC79

SarsHK wrote: »

Hi just wondering if anyone can help.

In January of 2008 I moved abroad for work and was away until February of 2009. I have been keeping abreast of my credit on experian and there was nothing untoward on there. However, this morning I decided to look at my Call Credit report and it seems that there is a CCJ on my account from October 2008.

As stated above, I was living in Hk at the time and so did not receive the summons. I wrote to all my creditors when I moved but do not still have copies of letters or anything as it was so long ago. I am able to prove that I lived abroad through my old bank statements and can get a letter from my employer at the time confirming my dates of employment. I am a resident of the country I moved to so have no stamps in my passport for when I left and entered the country, however I was actually on holiday in the Philippines at the time of the CCJ being issued and have the stamps in my passport to prove this.

Do you think I'm likely to be able to get this set aside? I know it'll fall off my credit report in 6 months but I need to rent a flat desperately as I have a baby due in a few weeks and don't want this on my record.

Thanks for your help.

Is the CCJ true then eg did you forget to pay something ?

If so then not alot you can do as its a true representation of your credit history.

Someone more experienced might be able to prvide more advice.

matttye

"If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address."

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment

So, you could send a SAR to the company that applied for the CCJ. If you find a letter providing your new address in the data they provide to you, then you've got your proof that you let them know. You could then apply for the judgment to be set aside.

They could just re-issue the CCJ though. Do you have the money to pay it off in full? If so, then you'd need to pay £80 for the application to set aside plus the entire amount that you owe, within 28 days of the new judgment being granted. It would then not appear on your credit files.

Seems like a lot of effort when it's going to drop off your file in 6 months anyway.

SarsHK

Thanks for the advice. The letters were sent in January of 2008 so they don't have to have kept the record as it was over 6 years ago now. I can pay it in full if I do actually owe the money. I don't recognise the name of the company on the judgement.

It is a lot of effort. The only real reason I want it sorted is to rent a property. I have been honest about it with my letting agent so guess it's up to them now.

missjames

can you not just wait the 6months?

but that doest mean they will leave you alone.

TherealMandM

i had one set aside and discontinued last year it took 5months from sending off the application until it was removed, i then had to wait further for it to be updated on credit record