ccj

newbee007

Hi


I hope I am posting in wright place, sorry if not.

My friend just realised he has got CCJ in his credit file.

He has been refused for credit several times, he registered on noddle and found this CCJ, which he had no idea about.

It was unpaid bill or fine from mobile provider, then debt sold to collection agency and then to another.

He is happy to set an agreement and pay the debt off (better in instalments but eventually could pay off whole sum) and he is asking if that CCJ can be somehow removed from his files?

Collection agencies and T-mobile didn't know his new addresses, all letters and payment requests and court papers has been sent to old one - that's why he didn' know about situation and couldn't react.

How to start sorting it out and what can be made?


Many many thanks for any ideas and informations !!

Tixy

The only way to get a CCJ older than a month removed from your credit file is to make a successful set aside application to the court.

But if he did not provide the creditor with his new address then he is probably unlikely to get a judge to agree to set aside.

Information of the set aside procedure here - https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

Failing that then once the CCJ is settled it will look a bit better on his files (but he will likely still struggle to get accepted for credit with many providers).

The judgement will fall off his credit files 6 years after the judgement date.

sourcrates

If all correspondence went to an old address, he could apply to the court to get the CCJ set aside, there will be a fee to pay of £155 for this though.
It should show details of it on Noddle, he needs to apply to the relevant court.

How long ago was the CCJ registered ?

National_Debtline

When someone applies to set aside a CCJ the court will normally consider 3 things - how long it has taken you to file this application (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence? Because creditors are only required to send claim forms to the last known UK address, it is not wise to try and set aside a judgement solely on this basis, especially if your friend moved property without informing the creditor and admits the debt.

However, your friend can formalise a repayment plan to prevent the risk of county court enforcement (such as bailiffs). He could do this on a court form called an N245 which can cost up to £50 to make. He would need to include a SOA and make an offer to pay on a monthly basis. If this is accepted and he maintains this then there should be no further court action and once the judgement is cleared the status will change on his credit file to ‘settled’ or ‘satisfied’, this should start to help his score over time. We do have a factsheet about varying a judgement that may be helpful - https://www.nationaldebtline.org/EW/factsheets/Pages/08 EW County court - suspending a bailiff's warrant or reducing instalments on a county-court judgment/Default.aspx

I understand that this CCJ is causing damage to the credit file, so the only other suggestion I can make at this stage would be for your friend to put a Notice of Correction next to the judgement on his credit file. This is a short explanation surrounding the debt. Not all creditors will take this into consideration when assessing for credit, but it can give a debt a bit more context. Again, we have a factsheet about credit files that you may find interesting - https://www.nationaldebtline.org/EW/factsheets/Pages/05 EW Credit reference agencies and credit reports/Default.aspx

Laura
@natdebtline