CCJ has appeared on my credit file

goodeys

Hi Guys,
I've recently been refused a tenancy due to my credit rating, this confused me as I've paid everything on time with not even one late payment over the past 4 years. I checked my credit file and I have a CCJ on my file dated May 2013 for £360, this is the first I knew of it. The CCJ is registered to the flat that I was living at then but I have honestly never seen anything saying that a CCJ had been applied for let alone granted. I would've paid this immediately if I'd know as it's a pathetic amount.


Is there anything I can do about this CCJ, I'm happy to pay it as I'm sure I probably do owe the money as I had money issues after the birth of my son in 2008 due to health issues ad being in a mental health until with my son. Happy to pay but I really don't want this to remain as a CCJ on my file until 2019.


So, is there anything that I can do, If I apply to get the judgement set aside is this likely to be granted? Also, if I don't apply to get it set aside and just pay it so that this is marked as 'satisfied' will this still affect me getting a mortgage? And will it still remain on my file until 2019? My partner and I plan to buy a place next year and although we have over £70k saved for a deposit I would hate for us not to be able to obtain a mortgage all due to £360 that I wasn't even aware of.


Thanks in advance

Marktheshark

File for N244 for set aside due to papers not served correctly

Teqpro

I had a similar thing a few years back but it was a default placed by mistake, I used Equifax customer services (paid version) they applied to the company on my behalf and sorted it.

goodeys

Thanks for your replies.


Is it not just my word against theirs that it wasn't served correctly. I know that after trying since 2011 to rebuikd my credit rating that I would've at least acknowledge the paperwork and sent it back, I know you cannot just ignore these things.


Is it the court that write to you after issuing a CCJ? It was issued in May 2013 and I moved in June 2014, it's all very bizarre that I knew nothing of this!

fermi

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Page-02.aspx

I did not get the court papers

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved). If you have given your creditors your new address then they should contact you there.
If they still send the papers to your old address then you may have good reason for the judgment to be set aside.
If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, the papers were sent to the wrong address; or
• the post office returned the claim papers as they were not able to deliver them.

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Page-05.aspx

Application to set aside a County Court judgment = £155

fermi

goodeys wrote: »

Also, if I don't apply to get it set aside and just pay it so that this is marked as 'satisfied' will this still affect me getting a mortgage? And will it still remain on my file until 2019? My partner and I plan to buy a place next year and although we have over £70k saved for a deposit I would hate for us not to be able to obtain a mortgage all due to £360 that I wasn't even aware of.

Yes, a CCJ is a big black mark against a mortgage application, even if paid.

Stays on your report for 6 years, paid or not, so yes in 2017.

goodeys

is it possible to get copies of what was apparently sent to me regarding the it going to court and also what was sent to me after?

fermi

goodeys wrote: »

is it possible to get copies of what was apparently sent to me regarding the it going to court and also what was sent to me after?

Talk to the court. May be able to give copies, but at the very least they should be able to confirm what address the initial claim forms were sent to.

Marktheshark

The rules on set asides are somewhat slack now courts have moved towards money making.
If you have the fees and the papers went to the wrong address they will normally take the money and hold a set aside hearing.

fermi

fermi wrote: »

Talk to the court. May be able to give copies, but at the very least they should be able to confirm what address the initial claim forms were sent to.

Assuming it is a claim that went through Northampton Bulk Centre, some contact details here.

https://www.justice.gov.uk/courts/northampton-business-centre/county-court-bulk-centre