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CCJ issued even though amount was paid

SunshineLondon
Posts: 10 Forumite
looking for some urgent advice please
my husband received a county court claim form for an amount owed to Valour Finance/Savvy. He did owe the money so got the money together somehow and called them directly and paid the money owed in full. This was done on the 14th day which was the deadline.
they confirmed that it was settled and that they would contact the court. they said they would send an email or letter confirming it had been paid but we never got this
today he has received a ccj by default saying he has to pay the full amount to the claimant - so he called the claimant who confirmed that it has been paid in full already!
they have said again that they will send an email confirming but we still havent got this
not sure what to do - we called the court and they said that Savvy need to contact them to say the debt is settled and they cant take proof from us
please can someone advise - i cannot understand why they have issued ccj when the amount was paid in full last month
my husband received a county court claim form for an amount owed to Valour Finance/Savvy. He did owe the money so got the money together somehow and called them directly and paid the money owed in full. This was done on the 14th day which was the deadline.
they confirmed that it was settled and that they would contact the court. they said they would send an email or letter confirming it had been paid but we never got this
today he has received a ccj by default saying he has to pay the full amount to the claimant - so he called the claimant who confirmed that it has been paid in full already!
they have said again that they will send an email confirming but we still havent got this
not sure what to do - we called the court and they said that Savvy need to contact them to say the debt is settled and they cant take proof from us
please can someone advise - i cannot understand why they have issued ccj when the amount was paid in full last month
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Comments
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Admin error.
I'm sure it will be sorted.0 -
Have them write you (as in actual paper) with confirmation of the payment and do the same to the court.0
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we have asked them already and they said they will but still havnet - i worry that if they dont send any confirmation then bailiffs will turn up.
its so frustrating - he got the money together to pay them within the deadline to avoid the ccj being issued and now they have issued it anyway
we need to send them proof within 28 days for it to not show on his credit report - i just worry that they are incompetent and i dont know how we can MAKE them send a letter or email - all we can do is ask. and if bailiffs turned up how would we proove that its been paid?0 -
SunshineLondon wrote: »we have asked them already and they said they will but still havnet - i worry that if they dont send any confirmation then bailiffs will turn up.
its so frustrating - he got the money together to pay them within the deadline to avoid the ccj being issued and now they have issued it anyway
we need to send them proof within 28 days for it to not show on his credit report - i just worry that they are incompetent and i dont know how we can MAKE them send a letter or email - all we can do is ask. and if bailiffs turned up how would we proove that its been paid?0 -
Don't worry about bailiffs, but about possible damage to his credit record...
Write (paper) to the court saying that you want to apply for a hearing to Set Judgment Aside (SJA), and the court will send you the appropriate form and details of the fee involved. Write to the company saying that you are applying to the court to SJA, and will of course be asking the court to make them pay the fee and also meet your reasonable expenses. Give the company a deadline to notify the court and you that they have corrected their mistake, otherwise you will go ahead and make the application to the court.0 -
what would happen if the court dont receive any proof from the claimant within 28 days to show that its been paid?0
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Hi SunshineLondon
Although this is a pain, don’t panic. As long as a CCJ is paid in full within one month of it being made it won’t be permanently recorded on someone’s credit file. Ideally you would want the court to receive the proof before the month has passed but even beyond that the CCJ would still be removed from the credit file.
There’s no need to apply for a set aside as that is an expensive process and once proof of payment has been given to the court it will be as if the CCJ never existed anyway. Try to hurry the claimant up and consider a formal complaint if necessary. Don’t worry about bailiffs as it sounds very unlikely the claimant would instruct them when they acknowledge the debt has been paid.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
hi
i wanted to update this as the matter is still not resolved
we still didnt get any confirmation from the claimant, so even though paid its still showing as unsatisfied - we checked with the court this week and they said they didnt get any cnfirmation from claimant yet
today husband has got a letter from claimant company which is a notice of sums in arrears - which is a bit odd seeing as they already got a CCJ
we have asked bank to send replacement bank statements from last august when the payment was made, so then we have the proof that it was paid.
im just finding this all so confusing and am really worried that they will instruct bailiffs - are they likely to do this 6 months down the line? what if they say they have no record of the payment being made?!
anyone dealt with savvy/valour ?0 -
SunshineLondon wrote: »hi
i wanted to update this as the matter is still not resolved
we still didnt get any confirmation from the claimant, so even though paid its still showing as unsatisfied - we checked with the court this week and they said they didnt get any cnfirmation from claimant yet
today husband has got a letter from claimant company which is a notice of sums in arrears - which is a bit odd seeing as they already got a CCJ
we have asked bank to send replacement bank statements from last august when the payment was made, so then we have the proof that it was paid.
im just finding this all so confusing and am really worried that they will instruct bailiffs - are they likely to do this 6 months down the line? what if they say they have no record of the payment being made?!
anyone dealt with savvy/valour ?
Did you make a formal complaint?
I would follow the advice Voyager has given. You've wasted enough time already.I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com0 -
Hi SunshineLondon
I'm sorry to hear this still hasn't been resolved. If you can prove to the court you paid the CCJ within a month they can still remove the CCJ from the Register of Judgment, Orders and Fines. And then your partner's credit file can be updated.
There is a guide to how to do this here https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/county-court-judgment-records-how-long-ccjs-stay-on-record. Look under the 'Step by step guide to removing judgments'.
You should also make a formal complaint to the claimant if you haven't done so already.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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