Questions on CCJ set aside, default and credit file

TMCUK

Hi all.

I've had a long standing issue with a mobile phone contract dispute which after 4 years resulted in a CCJ being issued.

After seeking legal advice, last month I finally got the CCJ set aside.

I sign up to Checkmyfile, which gives to access to Callcredit, Experian and Equifax, and the CCJ and original default is still showing up on my file.

My question is, now the CCJ has been set aside, should the default also be removed? Obviously this still has a huge negative impact on my rating.

I understand that my next steps are to notify the agencies that the judgement has been set aside with the certificate that I receive from the court. I'm a right in thinking that this is the correct process?

Advice is greatly appreciated.

Thanks,

Tom

Tixy

If the judgement has been set aside the court will inform the registry trust and they will inform the credit reference agencies. This will happen automatically and you do not need to do anything for this.

Just because a judgement has been set aside doesn't mean that a default should necessarily be removed.

On what grounds was the judgement set aside?

TMCUK

Thanks Tixy.

My account with O2 was is dispute as I had a mobile stolen and was told that my insurance policy didn't cover the theft and unauthorised calls, which it did.

It was my understanding that O2 are not able to refer accounts onto debt collections companies whilst they are in dispute.

Lowell picked the 'debt' up, which was to the tune of £1,200 (unauthorised calls and remaining contract). O2 deleted all of my records within 6 months, so I couldn't resolve the issue with them and had to deal with Lowell.

Every time I requested the data that they held about me they would pass me on to one of their parent companies who said I wasn't able to deal with Lowell any more. This happened for about 2 years, until eventually Lowell filed for a CCJ against me and sent the letters to an old address.

When I approached a solicitor they advised me to make an application to get the judgement set aside on the grounds that 1. I wasn't at the address 2. that O2 should have held my details on their system for at least 4 years 3. Lowell weren't forthcoming with information when I had requested it from them.

Eventually, after my application to get it set aside, Lowell's solicitor got in touch saying that they would settle for a payment of £680 based on commercial reasons, and they would take this as a full and final settlement, which I paid to get the matter resolved sooner rather than later.

Tixy

In that case I don't think you'll have much success with trying to get the default removed.

The set aside seems to relate to the fact that you didn't have a chance to reply to the court claim not that the money was not owed.
Also in appearance this would be backed up by the fact that you paid a full & final afterwards.

TMCUK

Thanks.

Would the default status be changed to full and final too?

Tixy

It should show as a partially satisfied or satisfied default.

Hoploz

Can I please ask how the process worked to get the ccj set aside? I need to do this for a ccj just discovered on my record from 4 years ago, for a debt which was not mine.
Am in middle of buying a house.