How long to set aside a ccj?

Hoploz

I have read a bit on this since discovering a ccj on file which I had no knowledge of as it is registered against an address moved out of 3 years before the court case, hence I knew nothing until now.

I think I have a case to get it set aside (many reasons) but my question is how long is it likely to take to do? Have attempted to contact the court urgently but they say they will reply within 10 days

... I am in the middle of buying a house with the mortgage co having discovered this they won't go ahead until the ccj is removed from the file.

Is the new house dead in the water, or is there a chance it could be removed quickly enough to keep the chain together??

Please help ... Desperate!

Voyager2002

Under the circumstances, I think I would pay to speak to a solicitor about this. If you have already made contact with a solicitor to handle the house purchase then get in touch with them: someone else in the firm would be pleased to help you, and might not even charge for an initial conversation.

Thrugelmir

How patient will the vendor of the property be?

Buzby

For something that important, a set-aside application will arrange a rerun of the original claim - but the time lag in getting the CCJ removed could take several weeks so a solicitor is a must. He'll need to chase Registry Trust and the CRA's to ensure they process the removal. This will not happen overnight and it may take months before a standard search will be clear. You will still have to pay for the set-aside.

TherealMandM

Took mine 5 month's to be set aside and then had to wait longer for files to be updated

Hoploz

Oh dear.

Took us 2 years searching to find the niche property we needed.

What I can't believe is that since the ccj was apparently logged in 2010 we have bought 3 other properties and remortgaged our main home as well, with no one else ever mentioning it.

There's got to be a quicker way??

TherealMandM

Guess is depends on how busy the court is.
With mine the claimant was a no show twice, so could be done quicker but there is no guarentee.

Buzby

Some lenders are not that sensitive - as you yourself found. The nuclear approach is to ask them if it shows as satisfied, will they accept you. You can then pay it off, get confirmation and show the paperwork to confirm you did everything to resolve the matter.

Hoploz

Thought I would update in case anyone else has this problem...

Attempted to contact the court but they failed to reply.
Attempted to contact the law firm who acted for the prosecution but they had changed hands several times and after loads of forwarded emails to various law firms we got absolutely nowhere.

Due to inability to make meaningful contact with ANYONE over the CCJ we had no choice but to make an alternative mortgage application with another company and cross our fingers. luckily it went through, we were overjoyed to receive our offer and couldn't believe it until we actually completed successfully last week! Best thing is, rate is even lower than we had originally applied for, so we are saving approx £2000 over the 2 year fix!

So as we are unable to get the ccj removed we plan to sit tight and not do anything else until this thing drops off our file in 2 years time.

Thrugelmir

Hoploz wrote: »

Thought I would update in case anyone else has this problem...

Attempted to contact the court but they failed to reply.
Attempted to contact the law firm who acted for the prosecution but they had changed hands several times and after loads of forwarded emails to various law firms we got absolutely nowhere.

Due to inability to make meaningful contact with ANYONE over the CCJ we had no choice but to make an alternative mortgage application with another company and cross our fingers. luckily it went through, we were overjoyed to receive our offer and couldn't believe it until we actually completed successfully last week! Best thing is, rate is even lower than we had originally applied for, so we are saving approx £2000 over the 2 year fix!

So as we are unable to get the ccj removed we plan to sit tight and not do anything else until this thing drops off our file in 2 years time.

Pleased to hear that matters turned out well for you.