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CCJ removal advice
dannyt1986
Posts: 8 Forumite
Hello all, Hope this thread is in the appropriate category.
My name is Danny and if possible i would like some advice on my situation! i will give you a shorten down version of the problem first!
3 years ago me and my wife were given a CCJ for £2500, this debt has now been paid via the sheriffs office. But when the claims was first made 3 years ago we had a hearing because it was quite a complicated situation and the judge said that we should come to an agreement outside of the court with no CCJ, which was fine with me.
I was emailing the claimants solicitor with regards to what we could afford to pay, but the claimant was being awkward and was refusing the amount as it was too low. The last email i sent was saying look this is all i can afford am willing to send photocopies and ingoings and outgoings as prove, and never heard anything back.
a few weeks later next thing i know i have the sheriffs office bailiffs at my door demanding money, and saying i now had a CCJ, well anyway i came to an agreement with them and paid monthly.
So 3 years later the debt is paid and done with, but my question is....
i recently saw a few things on a website regarding the possibility of getting a CCJ removed if certain critiea is met, for example....
"If the summons were not delivered on time, therefore 3 weeks were not given to you to have the chance to reply to the Court"
"It is also acceptable if you were not at home when summons were issued and until the judgement was registered. In this case it is obvious you have not had the chance to pay off your obligation."
"nd it is also accepted at once if you have not received either the summons or any notification of the CCJ made against you."
Now when the judge said to me go away and come to some agreement yourselfs i was never notified of what would happen if an agreement could not be made.
Also i never received an paperwork at all after the email exchanges. i just had the high court sheriffs turn up at at the door,
So would i have a leg to stand on with regards to getting the CCJ taken off as i was not given the correct time or paper so i couldn't respond? am not disputing the debt at all, like i said it all paid off, i just feel i was not given the appropriate chances to respond.
Sorry for the long post but i wanted to get as much info across as possible!
Thanks for looking
Dan
My name is Danny and if possible i would like some advice on my situation! i will give you a shorten down version of the problem first!
3 years ago me and my wife were given a CCJ for £2500, this debt has now been paid via the sheriffs office. But when the claims was first made 3 years ago we had a hearing because it was quite a complicated situation and the judge said that we should come to an agreement outside of the court with no CCJ, which was fine with me.
I was emailing the claimants solicitor with regards to what we could afford to pay, but the claimant was being awkward and was refusing the amount as it was too low. The last email i sent was saying look this is all i can afford am willing to send photocopies and ingoings and outgoings as prove, and never heard anything back.
a few weeks later next thing i know i have the sheriffs office bailiffs at my door demanding money, and saying i now had a CCJ, well anyway i came to an agreement with them and paid monthly.
So 3 years later the debt is paid and done with, but my question is....
i recently saw a few things on a website regarding the possibility of getting a CCJ removed if certain critiea is met, for example....
"If the summons were not delivered on time, therefore 3 weeks were not given to you to have the chance to reply to the Court"
"It is also acceptable if you were not at home when summons were issued and until the judgement was registered. In this case it is obvious you have not had the chance to pay off your obligation."
"nd it is also accepted at once if you have not received either the summons or any notification of the CCJ made against you."
Now when the judge said to me go away and come to some agreement yourselfs i was never notified of what would happen if an agreement could not be made.
Also i never received an paperwork at all after the email exchanges. i just had the high court sheriffs turn up at at the door,
So would i have a leg to stand on with regards to getting the CCJ taken off as i was not given the correct time or paper so i couldn't respond? am not disputing the debt at all, like i said it all paid off, i just feel i was not given the appropriate chances to respond.
Sorry for the long post but i wanted to get as much info across as possible!
Thanks for looking
Dan
0
Comments
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Forget it, you've no chance.
What was the debt for?... How will you prove you didn't receive the notice, three years on?
The CCJ will be on your file for another 4 years... The fact it's paid makes no difference.
Are you from UK or USA? ..Sheriff???0 -
Am from the UK, The Sheriffs Office am guessing is the courts bailiffs.
Am i right in understanding that a UK CCJ comes off your file after 6 years?
The debt was because.....i bought a car from a garage on trade through a so called friend, i paid my friend, the money supposedly never got to the garage, we never had any receipts of prove of payment etc, so that garage owner came after me for the money
How will they prove they did send them? they never use signed for delivery, i also have emails saved from 3 years ago, correspondence with the sheriffs office asking what the hells going on why havent i received anything before people are coming to my door0 -
3 years later you are chasing shadows. If you and the other party were unable to come to a mutually agreeable solution. Then the judge would have little alternative. Your creditor no doubt wanted to know that the debt would be recovered. Ultimately a CCJ is a last resort for any business.0
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Okie doke, I did imagine that would be the case!
But you dont know if you dont ask!
So ive had the ccj for 3 years so far, am I right in thinking that it will be wiped off in another 3?
Also I have got a certificate from the sheriffs for it being paid. I was going to get it satisfied but I heard that can keep it on my records for a further 6 years0 -
Present the certificate to the judge and get it marked satisfied. It won't change the duration it will be on your file, still three years but a satisfied CCJ is better than an unsatisfied one.0
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Thank you mrsilk, so getting it satisfied doesnt affect the duration att all? Thats would be good then, the internet can be such a conflicting source of info lol0
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