CCJ and 6 year limit and out of the country

Thrugelmir

benson98 wrote: »

If I can't have it set aside and pay - what is my best way to speed up my credit worthiness?

You won't. Your credit file will provide an accurate record on which lenders can base their decisions. Choice is yours.

benson98

My punctuation needs help. I meant to say if I can’t have it set aside, and I pay it anyway.
My dispute it that the debt wasn’t enforceable. I’m an idiot for not following up the ‘prove it’ letter. Therefore I need to pay it.
I’ve spoken to several legal advisors now and they all say the same thing. It’s too late to challenge it.

So I’m off to build a time machine to go back and give myself a slap. Anyone else looking at similar issues should sort things ASAP. This is going to cost me tenfold in complications as I didn’t sort it out years ago.
Thanks for the replies everyone

PixelPound

not enforceable how? Because you weren't working, or because you were not in the country at the time - neither are grounds against a CCJ

benson98

Yes, I am aware that is not grounds. It was on the grounds that I had written to one of the other 8 DCAs involved with a prove it letter but never got anything back, only a statement or something. But as most have said + the legal advice I've had, it's too late to do anything about it two and a half years after that and I have to deal with the consequence of not following that up.

MEM62

benson98 wrote: »

However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.
B

Give it you best shot if you want but it's not going to happen.

benson98 wrote: »

What is considered reasonable effort to provide a forwarding address? I've read several posts on here. Some suggest that calling them by phone or going into a branch is reasonable. That is up to their customer service to action something. Also people have said that companies choose to ignore it so they don't have to chase in another country and can do their part by sending anything to the last address they have.

If I can't have it set aside and pay - what is my best way to speed up my credit worthiness? This thing will follow me for another 6 years or until the 6 years from the date it was in court?

You can try an play semantics with what did and didn't happen with respect to notification of address changes but bear in mind that the Judge is no idiot and most do not suffer fools gladly.

If you are effectively not resident in the UK why is the issue of your credit standing important?

benson98

What sort of judge is it? Are there any on here?

cjmillsnun

There may be, but they are unlikely to make themselves known to you. To do so could put them in a conflict of interest should they then hear your case.

patman99

Benson98,, a judgement has been made against you by a Court of Law.

It is too late to have the decision set aside. So your only options are to either pay the debt,or apply for a DRO or bankruptcy. It all depends on the size of the debt.

anigys

nic_c wrote: »

the creditor only has to write to the last known address in the UK . If they were told you had gone overseas, they are under no obligation to find your address abroad and write to you there. Not sure there would be a point due to jurisdiction.

Sorry to dig up an old thread, but would you be able to give some citation/paragraphs for that? I am on the other side, suing someone who told me he's moving overseas and I served the claim to their last UK address, but would like to make sure the claim will not be set aside before I try to enforce it.

pooch

anigys wrote: »

Sorry to dig up an old thread, but would you be able to give some citation/paragraphs for that? I am on the other side, suing someone who told me he's moving overseas and I served the claim to their last UK address, but would like to make sure the claim will not be set aside before I try to enforce it.

Assuming you are granted the CCJ, how are you planning to enforce it (assuming the defendant doesn't pay up) if the defendant has moved overseas? :huh: