CCJ and credit report

Nikkidb1985

Hi I'm new to the site and I'm after some advise. Apologies if I've posted this in the wrong place.

I really want to get a mortgage in the next few years but I've recently had a CCJ added to my credit file.

This was from a debt which had defaulted in 2008. They sent a few letters to my Dads address but I never received these. I then got a couple of letters to my address I guess once they had traced me but given the time and the fact it was due to come off my credit rating next year I chose to ignore this.

I then received a notice for court action and when I received this I emailed the company twice but didn't receive a response - Now I have a CCJ on my file - I have the email trail as evidence that I tried to contact them - Would this be sufficient to appeal the CCJ or is it not worth the hassle and if it is how would I go about this does anyone know ?

Any help really appreciated - I got into a mess with my credit a few years ago but most of that has dropped off now and I really thought I was getting somewhere but having this on my file has really screwed me over :-(

fermi

Did you get court papers? A form labelled 'N1' (the claim form) and a 'response pack' with forms N9 A-C.

Nikkidb1985

Hi

Thanks for the prompt response - Yes I think I did as this is the point that I tried to contact them via email to setup a payment arrangement - I thought it was a notice of proceedings and as long as I contacted them now to make arrangements to pay I would be OK is this not the case? Regardless they ignored me anyway until after the CCJ was entered.

The debt was sold on to Lowells and the papers I received stated them as the client however when I emailed them they said I needed to contact Fredrickson International but it is these that never responded after a few emails I copied Lowells in again. I finally received a response from Bryan Carter LLP after the CCJ had been registered.

utroi85

Who was the debt for was it a credit account or Council Tax?

I only ask as the date you gave was 8 years ago which opens the possibility of the debt being barred - or was it more of the case that they slipped it in just before the 6 years was up in 2014 and thus managed to get the judgement.

Nikkidb1985

It was for a mobile phone bill - Sorry I put the wrong date the default was 2011 that was my error.

Many thanks

fermi

Nikkidb1985 wrote: »

I thought it was a notice of proceedings and as long as I contacted them now to make arrangements to pay I would be OK is this not the case? Regardless they ignored me anyway until after the CCJ was entered.

If you get a N1 and N9 forms from the court, then no, that is not the case.

You have to respond using the forms, otherwise the creditor can get a CCJ by default.

The creditor may have ignored you, but on the other hand you ignored paperwork from the court that you should have responded to. On that basis, I would be surprised if the court entertained any attempt to get the CCJ overturned, even if you could have had a defence.

Nikkidb1985

OK great that answers my question thankyou for the swift response! Much appreciated :-)

fermi

You can try. Maybe Call National Debtline on freephone 0808 808 400 to see what their debt advisors think?

utroi85

It's not great BUT what it does allow is 6 years to save up a larger deposit - as long as you settle the CCJ (if you haven't done so already) that will drop off your file.... OR.... has this been passed within the last 30 days (I'm going to assume not at this stage) if it was then a full payment within 30 days of the judgement being passed means it isn't published.

Having managed to find the money and swerve one of these very recently the situation is thus:

Once a claim form is lodged then you have certain options open to you.

Claim all knowledge and responsibility - pay in full
Claim partial responsibility - contest
Deny all knowledge - have your day in court
Make offer to pay - this would result in the CCJ being entered anyway and an agreement to pay being put in place - this offer would have had to be on the claim form
Push your luck - let the hearing go ahead, take the judgement in default and get the amount cleared within 30 days.

This possibly could be viewed by others as a negative post to put down and I would totally understand where they are coming from however, those were the options that I had to work out before I made my final decision what to do. (I paid up).

Nikkidb1985

Thanks for all your responses - I think it's going to be more hassle than it's worth to contest it so I'm just going to leave it.

This takes me on to my next question - Is it possible to repair a credit rating with a CCJ still on it - I know you can get a mortgage with the CCJ over 3 years old (obviously at a higher rate) so I guess if I just keep my credit file squeaky clean for the next 3 years I may be able to get one - By this point I should have about 15k saved for a deposit. But is there anything I can do which will increase my credit score by that point or is it pointless and should I just leave it as it is.

Thanks for your help everyone :-)