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Problem with credit check on rented flat
Comments
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Mystery solved - yes it is a CCJ - however my brother had actually been paying the debt off monthly. He contacted EDF who said yes that's true. He now has to apply to have the CCJ removed which takes time however he will now pay EDF in full get proof from them and the landlord said that as long as he has proof that the bill is paid (it is £180 so not a huge amount) then it's all fine and he can move in! Yay!
However what I'd like to know is if he pays to have the CCJ removed as it was a mistake - will his credit still be affected? Will it still stay on his record for 6 years?0 -
If there was a county court judgement made against your brother for the debt then his credit file(s) is accurate. If he pays off the debt the CCJ will be marked as settled on his credit file(s) but it won't be removed until it is over 6 years old.0
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katie_saver wrote: »Mystery solved - yes it is a CCJ - however my brother had actually been paying the debt off monthly. He contacted EDF who said yes that's true. He now has to apply to have the CCJ removed which takes time however he will now pay EDF in full get proof from them and the landlord said that as long as he has proof that the bill is paid (it is £180 so not a huge amount) then it's all fine and he can move in! Yay!
However what I'd like to know is if he pays to have the CCJ removed as it was a mistake - will his credit still be affected? Will it still stay on his record for 6 years?
A CCJ wont be removed for 6 years. That is that really.
Unless he can get a set aside.
But in what sense was it a mistake?
Did he mistakenly ignore the court papers and not turn up in court?0 -
He never got the papers and he was also in an arrangement with EDF to pay off the bill in installments. Somehow the debt was passed on to a debt collection company who then got the CCJ against him.0
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katie_saver wrote: »He never got the papers and he was also in an arrangement with EDF to pay off the bill in installments. Somehow the debt was passed on to a debt collection company who then got the CCJ against him.
Well he needs to then get a set aside.
Debt collectors cannot take anyone to court, unless they own the debt.
Who's name appears on the CCJ, I bet its EDF.0 -
You need to talk to EDF. If the court claim went to the wrong address you need to apply to set it aside (for a fee), but I would get it in writing that you have settled with EDF (they might want court fees reimbursing on top) so that you can include it with your set aside application.
Otherwise you might end up with a situation where the judge won't set the judgment aside and you will have wasted the application fee, or EDF challenges the application because department A isn't talking to department B at their end.
Go in prepared otherwise it's money down the drain0
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