CCJ for a debt I have already paid

iamthealienleader

Hello all

Right, I am hoping that someone out there can help me as I seem to be going round in circles.

Knowing that my partner and myself were looking to get a mortgage this year, we went about paying off old debts.

I had a debt with Lowell, for £374.40, which I paid in full to Lowell on the 4th Feb this year.

It seems just before I paid they had passed my account on to BW Legal for them to get the money from me.

Shortly after paying I received a court form thingy, stupidly I assumed it must have already been to late to stop the form from being sent out (less than a week), so I just went about my business assuming it had all been sorted seeing as I heard nothing from Lowell or BW Legal.

At the beginning of May I looked at my credit report, in hopes of starting to apply for mortgages. My defaulted account with Lowell was still showing, it shows the amount I have paid in Feb, but states I am defaulted by £55. After speaking to Lowell, it turns out this defaulted amount is from charges applied to my account by BW Legal AFTER I had paid it off.

I then spoke to BW Legal who said I owed over £600 (the original debt plus court charges). They informed me that all court proceedings would be stopped until the matter had been looked into (I had no idea they were still going on!!!) I have sent them proof I have paid before the charges were applied, but they wont accept that and need confirmation from Lowell. They have contacted Lowell on several occasions (apparently) but heard nothing back.

BW Legal and Lowell don't seem to be able to communicate with each other as this is still going on, and I have now been issued with a CCJ, even though I was told nothing else would be happening till it was sorted.

I have started complaint proceedings with Lowell, but they haven't done anything yet (they have 8 weeks, so are taking their time about it)

Is there anything else I could do to get this CCJ off my credit file? as it states I only have so long to pay it before it stays on my file for 6 years, and Lowell wont do anything for 8 weeks. Also would I be able to get a notice of correction to state that the account was actually paid in Feb?

Rrushi_Shqiptar

I would of thought you could apply to the court to have the CCJ removed as it was entered incorrectly (debt paid off to the original creditor)

Tixy

You can make a set aside application to the court. The fact that you can prove that they payment was made before the judgement date should be sufficient to get the judgement set aside.

Info on set aside process here - https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

iamthealienleader

Am I to understand from this that I am going to have to pay?

Sorry if I'm sounding stupid but reading through it doesn't make sense to me :huh:

If I do have to pay would there be anyway of claiming the money back from Lowell or BW Legal?