What are my chances of having a CCJ set aside?

Fawun

Looking for some advice.

I've been looking at applying for a mortgage and it's flagged up a CCJ I was not aware of from 2012.

It's been applied by a previous landlord who I rented from when I was at university, the documentation was sent to a previous address (which I don't really understand as I was living at the rented accommodation at the time) so I never saw it.

It's for a missed month of payment, I dispute this as the landlord used bank details of my parents which he held without their knowledge (they had paid my deposit) and took a payment without permission even though I had been paying my rent myself.

At the time there was a system error at my workplace which meant the entire company did not get paid for an additional week, I provided documentation to said landlord when this happened and that is when he then decided to process a payment from my parents card details.

The CCJ is for £403.

The landlord additionally kept my deposit of £350 when I moved out, I left the property before the tenancy was up and another tennant who stayed over the summer period did not remove rubbish from the garden which she had left and so we ALL lost our deposits for "cleaning costs".

I'm not sure if it's worth arguing, it's fairly old and due to come off in the next 2 years, I have never heard from said landlord or any enforcement hence my surprise at finding it!

sourcrates

Hi,

To be honest I'd let sleeping dogs lie.

You need a good reason to have a CCJ set aside, not receiving court documents would be classed as a good reason, but there is also a fee of £255,00 to pay as well, and there is nothing stopping the landlord taking you to court again

It could end up costing you much more money.

As its only £400, I'd just wait till it comes off your file, as your not been chased for it.
After 6 years they would have to go back to court for permission to take enforcement action, which may not be granted, as 6 years is deemed long enough usually.

Fawun

sourcrates wrote: »

Hi,

To be honest I'd let sleeping dogs lie.

You need a good reason to have a CCJ set aside, not receiving court documents would be classed as a good reason, but there is also a fee of £255,00 to pay as well, and there is nothing stopping the landlord taking you to court again

It could end up costing you much more money.

As its only £400, I'd just wait till it comes off your file, as your not been chased for it.
After 6 years they would have to go back to court for permission to take enforcement action, which may not be granted, as 6 years is deemed long enough usually.

Thanks, I did think just leaving it would be a better option, I hadn't read about court fees so that's good to know as realistically I can't imagine that they are going to come after me for it after so long now.

I suppose if I go after getting it removed it would draw attention to it anyway!

sourcrates

Fawun wrote: »

I suppose if I go after getting it removed it would draw attention to it anyway!

Yes, there's no point rocking the boat really at this stage.

National_Debtline

Hi Fawun,


Sorry, but I am a little confused, is the CCJ still outstanding? If it is then the creditor may still enforce it and an outstanding CCJ is more damaging to your mortgage application/ credit file than if the judgement was settled. If you are trying to improve your score for your mortgage then you do either need to pay it in full or successfully set it aside.

Paying the debt would admit liability, so if you did this you couldn't try and set aside later. Sourcrates is right that the application to set aside would cost £255. Set asides are risky and you should always get legal advice before doing this. If you lose the debt may increase through legal costs of the other side. Good luck,


Laura
@natdebtline

Fawun

National_Debtline wrote: »

Hi Fawun,


Sorry, but I am a little confused, is the CCJ still outstanding? If it is then the creditor may still enforce it and an outstanding CCJ is more damaging to your mortgage application/ credit file than if the judgement was settled. If you are trying to improve your score for your mortgage then you do either need to pay it in full or successfully set it aside.

Paying the debt would admit liability, so if you did this you couldn't try and set aside later. Sourcrates is right that the application to set aside would cost £255. Set asides are risky and you should always get legal advice before doing this. If you lose the debt may increase through legal costs of the other side. Good luck,


Laura
@natdebtline

Hi Laura,

Yes it is currently outstanding, mainly as I've only just found out about it.

I've never acknowledged this 'debt' or CCJ, I don't believe the CCJ is valid Anyway.

I'm not considering purchasing a property for a year or so but I'm trying to get my house in order so to speak.