CCJ on credit file

Charliebar84

Hi all

I hope someone can help.

Over the past couple of years I’ve worked really hard to get my credit score up and have finally succeeded.

I’ve checked today and it says I have a CCJ against me and taken my score back down to poor.

I have never received any communication regarding a CCJ (I think it was sent to an old address where I have not lived for over 6 years)

It’s from Lowell and all I can think it could be regarding it an old provident loan but that was taken out around 7/8 years ago.

Any help on what I can do is much appreciated.

Thanks

[Deleted User]

Contact Lowell.

If you pay it within a month of being applied, it will be removed. If not, it will remain for 6 years.

Ignore any impact on your score.

Charliebar84

Thanks for the reply.

I!!!8217;m pretty sure as it was so long ago the debt is statute barred. I even remember the person giving it to me saying don!!!8217;t bother paying it back they won!!!8217;t chase you and that she!!!8217;s leaving and taking multiple loans and not paying them back.

I do worry about my credit file as I!!!8217;m looking to move (been sofa surfing for 2 years) don!!!8217;t think any estate agents/landlords will let me rent with a CCJ

[Deleted User]

I said don't worry about the score. Worry about the contents of your file.

If you can get the CCJ off then great, but don't be concerned when its removal causes your score to drop further.

It's unlikely it was statute barred if they managed to get a CCJ, but you never know.

Candyapple

Have you checked all 3 files?

Experian: https://www.moneysavingexpert.com/creditclub
Equifax: https://www.clearscore.com
Call Credit: https://www.noddle.co.uk

All you can do is contact Lowell and find out what the CCJ was for and then come back here for further advice.

Charliebar84

I’ve done clearscore and Noddle

National_Debtline

Hi Charliebar84 and welcome to MSE,


If more than 6 years had passed between the debt falling due, and the court action beginning it may well be statute barred. Claim forms are only sent to the last known UK address, so if you moved it could explain why the paperwork was missed, and if you don't receive the court papers, you can't challenge them at the time, so a judgement will be entered by default.


In order to challenge the judgement you would need to file something called a Set Aside application. This is an application that takes the judgment back to the beginning. The court will assess how long it has taken you to file this application (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence.


This application is done using an N244 form which can cost £255. If you are on certain benefits or a low income you may be able to get that waived with an EX160. I should also make you aware that if you are unsuccessful with this application the debt can increase through legal costs of the other side.


Before you make this application I would suggest you try and get some legal advice. You can try and find cheap or free legal advice. You could try and law centre (or legal beagles). Best of luck,


Laura
@natdebtline

Charliebar84

Thank you for the advice Laura.

I’ve sent a prove it email to lowell as I don’t want to give them my new address and as I’ve not got any paperwork I’ve put my name instead of a reference number.

Hopefully that may help things

System

Charliebar84 wrote: »

I!!!8217;ve sent a prove it email to lowell as I don!!!8217;t want to give them my new address and as I!!!8217;ve not got any paperwork I!!!8217;ve put my name instead of a reference number.

Hopefully that may help things

If you're not going to give them your new address then they'll send any evidence you request and any future correspondence BY POST to the address they have on file which will be your old address.

It isn't done by email, partly because of DPA - anyone can set up an email address and claim to be anyone, partly due to proving delivery of documentation in a court case.

[Deleted User]

They don't have to accept requests by email.

And any documentation they send will be by post back to you

fatbelly

Charliebar84 wrote: »

Hi all

I hope someone can help.

Over the past couple of years I’ve worked really hard to get my credit score up and have finally succeeded.

I’ve checked today and it says I have a CCJ against me and taken my score back down to poor.

I have never received any communication regarding a CCJ (I think it was sent to an old address where I have not lived for over 6 years)

It’s from Lowell and all I can think it could be regarding it an old provident loan but that was taken out around 7/8 years ago.

Any help on what I can do is much appreciated.

Thanks

This has gone beyond the stage of a prove-it.

Contact the court and ask them to send details (particulars) of the claim.

That should tell you what it was. At the moment you are just guessing.

If you can show that there was a gap of over 6 years when you did not acknowledge the debt by payment or in writing then you have grounds for set-aside and should act promptly. National Debtline have a useful fact sheet. It costs £255 but you get help with the fees if on means-tested benefits or a low income.

The fact that they sent their claim to a wrong address is not even part of your defence unless you can show that they knew your present address. That may be difficult if you are sofa surfing. They are allowed to send their claim to the last known address.