Do I have a CCJ?

aman88

Hi all

Just after some help/thoughts/advice please.

I'm close to applying for a mortgage so checked my credit file with all 3 CRA to make sure everything's in order. There is a CCJ register in March 2013, but only on Equifax, not the other two.

I called the court as I was sure it was a mistake and wanted it removed. They gave me the details and it's apparently a £1,900 charge from when I was the guarantor for a family members housing rent in 2010 for rent and some other charges that were unpaid. The family member says the landlord did write and say they want extra money for things that needed fixing but the family member didn't pay for it (but says all rent was paid on time). They say they never had any communication from the court or collection agency but I'm not 100% sure I believe them, one thing I do know for sure is that I definitely didn't receive any correspondence whatsoever from the LL or the court.

I've been getting the family member to chase up the court to find out what can be done about this but I don't trust that they're doing much about it or what they say - today they told me they called the court and the court can't give any information about me, but a guarantor CCJ is only on your file for 3 years, not 6, now I'm 99% sure this isn't true.

Anyway, I checked on the gov.uk website which linked me to the TrustOnline website where I paid £4 to run a check on myself for court judgement check in England and Wales and it came back simply saying 'nothing registered'.

So, do I have a CCJ or don't I? If I do, can I get it set aside? I understand the fee is £255 to go back to court and lay out my defence? If I don't then what's the best course of action for getting it removed from my Equifax file, I emailed them and they get in touch with the court.

Sorry for the long post and thanks for reading. I hope someone out there can help!

Arleen

Get a copy of the judgement from the courts; it may be against both of you. Also get a shovel and smash your family member over the head with it, repeatedly, until common sense is reinstated.

When you co-signed with them, as this is what guaranteeing means, what was put instead of your address? Did you move since? Did that family member leave a correct forwarding address when vacating the property?

aman88

Thanks for the reply.

Yes I had to restrain myself from the shovel usage!

Not very helpful, but as it was 6 years ago I can't remember a lot of the details. I've now put my name and address from my current place and also my old place where the CCJ was registered into TrustOnline and it still comes up with nothing registered on all searches.

Arleen

Well, call Equifax tomorrow and they should be able to get ref number and court name from it. Take those, call the court and ask for details. In so-called meanwhile get that shovel and extract all the details from him, starting with his copy of the lease (unless you've kept yours) and any letters/email he got from the LL regarding that demand. Ask also whether he got his deposit back, how, and how much of it.
If it comes back as none deposit returned, good chance is that he simply skipped on the LL.

As you say you have moved since, but I imagine that you've never updated the landlord on that matter? That would explain why you've heard nothing about the case.

aman88

Thanks for replying.

I've called Equifax and they gave me the details of it. I then called the court and they gave me the details. I just don't know why it's not on the TrustOnline register.

I have a feeling any questions I ask my family member are going to be met with 'I don't know' or 'I don't remember'.

Just wondering for confirmation on the 3 year CCJ for guarantor, it sounds ridiculous but I don't know why they'd say it.

I have moved since but I'm pretty sure I was still there when all this happened, then again, the court hearing wasn't until two years later so I really don't know.

fatbelly

aman88 wrote: »

Thanks for replying.

I've called Equifax and they gave me the details of it. I then called the court and they gave me the details. I just don't know why it's not on the TrustOnline register.

I have a feeling any questions I ask my family member are going to be met with 'I don't know' or 'I don't remember'.

Just wondering for confirmation on the 3 year CCJ for guarantor, it sounds ridiculous but I don't know why they'd say it.

I have moved since but I'm pretty sure I was still there when all this happened, then again, the court hearing wasn't until two years later so I really don't know.

ccjs stay on your file for 6 years.

There wouldn't have been a court hearing. The ccj will say 'judgment in default', which is what you get when the claim is not responded to.

27cool

The moral of the story being, don't ever go as a guarantor.

Arleen

aman88 wrote: »

Thanks for replying.

I've called Equifax and they gave me the details of it. I then called the court and they gave me the details. I just don't know why it's not on the TrustOnline register.

Mysteries of life, request a copy of the judgement and it will probably explain why, and will have details like address etc.

aman88 wrote: »

I have a feeling any questions I ask my family member are going to be met with 'I don't know' or 'I don't remember'.

I thought I've mentioned to bring a persuassion equipment together with you? Otherwise explain to them that after you are done settling the matter with LL, you are coming after them with a lawsuit of your own. That tends to refresh memory. It's not a bluff as you can, most likely, sue them for whatever you will be out to settle this matter.

aman88 wrote: »

Just wondering for confirmation on the 3 year CCJ for guarantor, it sounds ridiculous but I don't know why they'd say it.

I have moved since but I'm pretty sure I was still there when all this happened, then again, the court hearing wasn't until two years later so I really don't know.

You may be able to get the CCJ removed, but not without details I've asked in this and previous posts. So get your favorite blunt object, go on fact finding mission and come back here with details so we can help you.