Unknown CCJ affecting mortgage application

Rebeccaevans499

Hi there,

I'm looking for some advice around CCJs.

Myself and my boyfriend are currently working with a mortgage broker to secure an OIP but are being rejected due to credit rating issues. Apart from student loans neither of us have ever been in any debt or missed any payments. We both have savings that we've worked hard to build up. So we were puzzled around why our OIP applications were being rejected.

Our experian credit ratings were both rated 'excellent', but when we checked our ratings on Noddle a CCJ showed up under my boyfriend's name registered to a previous address.

It turns out this was an unpaid physiotherapy bill (£70) that Andrew had no knowledge of. Andrew thought all fees were being picked up by BUPA and didn't know he was liable to pay for the final appointment. All letters were also sent after we had moved to a new address. Despite having his e-mail and mobile number the company made no other attempts to gain contact other than via post.

We're currently looking into whether or not Andrew does actually owe them £70. If it turns out he does, can we revoke the CCJ due to not receiving the summons? Due to our change of address?

Any advice would be hugely appreciated. We've already had to pull out of one flat after having our mortgage application rejected due to this CCJ. We're pulling our hair out at the thought of this unknown £70 bill stopping us getting a mortgage for the next 6 years despite otherwise 'excellent' credit ratings. :-(

Thanks very much,
Becky

molerat

What date is the CCJ ? Applying for a set aside has a £150 fee.
https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx#

Rebeccaevans499

The CCJ is dated April 2014. We moved to our new address in October 2013.

I can't find any definitive advice on whether a set aside would be granted if you've moved house and didn't know you owed any money.

Arleen

As it is, there is little reason for court to set the judgement aside, because for that to happen the judgement must be wrong for one reason or another. And Andrew failing to provide his creditor with up to date address is not one because, even if he did, he would still owe the money as he doesn't have a reason not to.

Best to get out of this situation is a lesson to, next time he moves, set up mail forward to prevent situations like that from happening in the future.

Silver lining to this situation is that it's a very small CCJ, so just go, pay it, wait few months and apply with a broker who is used to dealing with less-than-perfect files. As long as the rest of file is healthy, shows good use and repayment of debt etc, you should still be able to get a mortgage.

Rebeccaevans499

Okay, thanks for your advice.

A very bitter sweet lesson indeed!

Rebeccaevans499

Can I quickly ask one final thing. Andrew has paid off the balance for the time being, just to try and get it closed on his account as quickly as possible. He's also looking back through old correspondence with BUPA and the physio place to double check whether it is a legitimate bill.

If it does turn out that he doesn't owe them any money after all, could we try and get it revoked or does the fact that he's now paid the fine confirm liability?

Arleen

If it turns out that you don't owe the money then you have a valid defence which makes it worth to go the set aside route and I recommend taking it. Paying it doesn't revoke your rights in that case (but there are cases where it would).

Rebeccaevans499

Okay - thank you Arleen.

Best,
Becky

National_Debtline

Hi

Just to add, if you do find out the amount claimed was incorrect and you decide to set aside it’s a good idea to seek legal advice before doing so to maximise your chances of success. Also, it now costs £255 for a set aside application, rather than the £155 mentioned earlier in the thread.

James
@natdebtline

Rebeccaevans499

Okay, thank you very much. I'll let you know how we get on.

Best,
Becky

Rebeccaevans499

Sorry - me again.

If it turns out that Andrew didn't owe anything in the first place (this is looking very likely) and the company admit error, can the company itself revoke the CCJ?

Thanks,
Becky