CCJ Set Aside After 2 Years

cwrichards1987 · 7 January 2018 at 7:48PM

Hi,

I moved out my flat over two years ago. 3-4 months after I contacted my landlord to collect any post that had been sent since I had left.

To my shock I found that I had been sent a court summons for the amount of £171 for a phone bill 8 years prior. Because I had not received the summons the hearing had happend and the CCJ locked in. I could not even clear the balance in one month of the CCJ because i has received the post two months after said hearing.

I paid the money straight away and at the time was told I would need to pay another £225 for a hearing to get it set aside. At the time I didn’t chase it down, I didn’t have the money and had some personal issues going on.

2 years on I have checked my credit file and it says satisfied but I am about to apply for a house with a letting agency and am worried I will get declined because of it.

Can I still apply to get it set aside two years after paying it? Based on the grounds that I never received the post as I never lived at the address it was all sent to.

Thanks, Chris.

Quentin · 7 January 2018 at 8:15PM

Read up on set aside by consent (no hearing involved and only £100 fee - fee for a hearing is now £255)

You need to get the creditor to agree.

(Chances of success 2 years after paying depend on whether the Judge sees it as a credit laundering exercise)

How long ago was the CCJ registered? After 6 years it's removed from all records

Arleen · 7 January 2018 at 8:51PM

After 2 years and paying off the set aside you really don't have a chance to have it removed. To get it set aside you must first act promptly (2 years is way too long, and while I can be sympathetic to circumstances, it's still 2 years) and you must have a valid dispute against the CCJ, but since you've paid it off as soon as you've found it out... Highly unlikely that it will get granted.

The reason you got the post late is that you didn't update them with your current address and/or didn't set up a mail forward, not something that will get the set aside granted either I am afraid.