CCJ set aside

dk5294

Hi looking for some advice.

I live in Scotland so my CCJ is called a decree so I don't know if that matters but here goes.
I basically left a rather crazy relationship at the start of 2013 and was staying wherever I could until I could work something out as I worked locally.
Finally I decided to move back home in July 2013. Then January 27th I was served with papers advising me I had a decree set against me for £576, reading the paperwork they had served this at the address I had left at the start of 2013, on August 2013. My ex partner had never mentioned such paperwork was there or gave me it when I was picking up mail. I called 28th of January 2014 and paid the decree amount and the other £400 I had occured in court fees and that was that. For over 2 years now I have been chasing to get formal paperwork to show this was paid. In November 2016 I finally received a letter stating that it was paid. What I had previously asked was that they take in to account it was paid within 24hrs and remove it from my credit file. It appears this hasn't been done and after many more letters to the courts (all ignored) I am posting to see if there is any advise anyone can give me on how I can get this removed? It still shows as active on my credit file as well. Recently spoke to a mortgage advisor who advised due to the fact we have limited lenders (we are using the LIFT scheme scotland) they will not accept CCJs alongside a less than perfect credit rating. I have paid off all debt this week and hope to let my credit file 'heal' over the next 6 months before reapplying but he has suggested it will be far from possible with the CCJ.

mrmagooooooo

Not to sound brutal but everything you have mentioned wont matter a bit to the courts. Your address was essentially at your ex partners even though you were not living there.

You can blame your ex but im guessing you had some default letters and knew about the debt a long time before it got to the CCJ stage?

I cant see any way of you getting out of this one im afraid.

Apologies if i sound harsh but there is no way to sugar coat it :-(

sourcrates

So effectively it was over a year since you realized you had this decree ?

If the law in Scotland is the same as the rest of the UK, you have one calendar month in which to pay it, without it then been registered on your credit file, as you missed the timescale by over a year, then it cannot be removed from your file, until time does that for you around 2020.

As you paid it, it should show as satisfied, but apart from that, it has been applied lawfully.

dk5294

I didn't even know I owed the money as it wasn't a credit sort of debt.

I had rented a room from someone for 3 years who then moved their son in when he started uni. I was forever bringing up issues that myself and my other flat mate had with him and they never done anything. He became violent one night after he got home drunk, the police got involved and I left. I got advice from a lawyer that despite having a month left of my tenancy agreement I could leave due to the rreasons but they may not return my deposit. Then it turns out they decided to keep my deposit (£1200) and take me to court for a months rent (£600) I never received so much as a summons so I actually knew nothing. I'd have paid the £600 if I'd have known. As I said as soon as I was aware, I paid it off.

I've requested that it is changed from 'active' to 'settled' on my credit file. Or is that a long shot too?

sourcrates

dk5294 wrote: »

I've requested that it is changed from 'active' to 'settled' on my credit file. Or is that a long shot too?

No, it should show as settled.

Trust on line is the place to look if no joy.

Info here :

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs

Arleen

Did you ever provide them with forwarding address after leaving? And what sort of agreement was it anyway, because for most tenancies you cannot just "bring a son in."
I am also not sure what exactly the lawyer advised you to do, but it for sure wasn't to just leave without a word, but to actually serve a notice to the LL saying that you terminate it, effective on day X.X due to reasons Y and thus you will not be paying last months rent. You set up walk-through date, as a deposit cannot be used for damages and move on with your life.

If you didn't deliver the notice, and just took flight from the apartment, I cannot see that you have a legal leg to stand on. But if you did, I think you may have case for a recall (although there seem to be some time limitations on it: https://www.nationaldebtline.org/S/factsheets/Pages/decrees-in-the-sheriff-court/applying-for-a-recall.aspx), as I don't know under what pretense they could keep your deposit (did you do 1200 worth of damages?) at the very least.