I paid of all my debt but still got a ccj 10 months afterwards

chrisrafa

Hi there. back in 2013 i was in debt with a few people. but in december i payed off everything i owed. some were setelments but others were full payments. but in aug of 2014 i was giving a ccj from one of the companies that i had made a settlement with. I have proff that it is settled and they are waiting to get proof form a 3rd party but say they can not take the ccj off my record as they instructed another company to ask as their legal team. how can i get this solved please

MEM62

The time for action was when you originally received the Court papers. As you did not defend the case at the time you now have a bigger problem in that you will need to apply to the court to have the judgement set aside.


If you contact the Court they will advise you of the procedure and costs involved. In order to have a set aside granted you will need to convince the judge that you would have a good chance of defending the claim when the case is re heard.


Good luck, I hope you manage to get it resolved.

GingerBob_3

If the OP settled, but the creditor managed to obtain a CCJ, it seems someone is at fault - either the creditor or the court; I'm guessing the creditor. Maybe contact them and threaten legal action?

happy_bunny_2

You have proof of the settlement offer in writing as well as proof of payment?

If so, contact the court to get set aside.

No point in dealing with the company here, go to the court.

HB

National_Debtline

Hi chrisrafa,

It would appear that you will need to apply to the court to Set Aside the CCJ that was obtained in August 2014. A Set Aside application takes the judgement back to the beginning. The court will assess several things when you make this application, they will look at how long it has taken you to file it (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence.

I would recommend that you take some legal advice before doing this. You may be able to find cheap or free legal advice from a Law Centre or a Law Clinic. Make sure you keep hold of all of your evidence as you will need that at some point. We also have a factsheet that may help you - https://www.nationaldebtline.org/EW/factsheets/Pages/12 EW County court - how to set aside a judgment/Default.aspx

If your application is successful the CCJ would be removed from your credit file. If your application is unsuccessful I am afraid the judgement will remain on your file for 6 years from the date of judgement and, of course, the money would need to be repaid. It can be tricky when you do full and final settlements with creditors, proof of a partial payment is not necessarily proof that the creditor agreed not to sue for the shortfall. In addition, if the settlement terms were agreed over the phone (and not in writing) they can sometimes go to court for the shortfall. We also have a factsheet about full and final offers that may help - https://www.nationaldebtline.org/EW/factsheets/Pages/24 EW Full and final settlement offers/Default.aspx

Laura
@natdebtline

chrisrafa

MEM62 wrote: »

The time for action was when you originally received the Court papers. As you did not defend the case at the time you now have a bigger problem in that you will need to apply to the court to have the judgement set aside.


If you contact the Court they will advise you of the procedure and costs involved. In order to have a set aside granted you will need to convince the judge that you would have a good chance of defending the claim when the case is re heard.


Good luck, I hope you manage to get it resolved.

I moved house shortly after paying off my debts. as i had paid them all their was no reason to pass on my new address.. so i never received any papers.

I have spoken to both leagal company and the creditors and they are just trying to send me round in circles passing me on to each other.

It will cost me £170 to contest the CCJ i have been told by the courts can i make the others pay my fees when and if i win the case ?

Thanks for all the replies..