Wrongly given a CCJ

Melonade

Hi, hopefully this is the right section and I'll try and explain it best I can.

My OH needed a large piece of equipment for work through a company he uses regularly. Last week the rep said he was turned down because he has a CCJ. OH is stunned as his credit with this company is in the top %.

Turns out another supplier went to a debt collection agency who put forward for the CCJ.

OH has receipt of the payment 2 months before the CCJ was sent out. Both the debt collection agency and the court agree that he shouldn't have the CCJ.

The court won't remove it though, saying once it's there it pretty much tough and stays for 6 years!! But he can apply for a certificate to prove he hasn't really got a CCJ

Is there anything else we can do to get this removed properly or are the courts right? OH is gutted, he's worked really hard to make his business what it is.

Thank you.

littlemonkeywolf

If he contacts the claimants that issued it then they can fix it and get it set aside. Alternatively if you can get a letter confirming it was paid within a month of the date of judgment you can send that to the court and it will also be removed.

matttye

If the court actually said that in those words you should complain strongly, because it's not just tough luck, there is something that can be done and they should not be saying there's nothing that can be done.

Melonade

Thanks for the replies. Also another point in his favour is that we moved house before there was even mention of a CCJ and our address was changed with the company. His rep at the time changed it for him. Yet they still have our old address on file :mad:

She didn't actually say tough in so many words but when my OH tried asked if there was anything he could do about it she laughed and said "no". No exactly sure why she found it funny because my OH was pretty upset by this point. But by the sound of her attitude I think he should complain tbh.

The debt collection agency has sent an email to the courts this afternoon to ask for the judgement to be set aside, hopefully that'll do it, although the email is poorly worded and doesn't explain very well how it went so wrong.

littlemonkeywolf

An email from them will not be enough. They will need to make an N244 application so it may be worth checking what they have submitted unless it is a paid in full notification.

supersara2

Hi I'm in sams boat was wrongly given a ccj it's been on my experian for a year I was refused a cheaper mortgage rate because of it that's how I found out I had it,ive contacted the solicitors that applied for the ccj they've apologised & requested it be removed but I'm still really angry it's been there for a year & I didn't even know,I've been refused credit because of it is there anything i can do?

PaulW922

He *must* apply to have the judgement set aside. There is a fee for this but if the creditor was at fault he can approach them to compensate him for the fee But to get the CCJ removed, a set aside must be applied for - there is no other way now that the judgement is there.