will a CCJ be removed when default is 6 years old?

National_Debtline

Hi Craig


The typo in your name is unlikely to make any difference here so I'd disregard that issue - they have been able to link it to your credit file already, so it clearly hasn't stopped them matching up the details.


If you simply pay the CCJ off now it will show as "satisfied" but it would still take until 3/1/2023 for all trace of it to disappear - i.e. 6 years from the date of judgment.


Therefore, if you want to have any prospect of removing the CCJ from your file now, you will need to look at whether you have any grounds for "setting aside" the judgment - this means getting a second opportunity to respond to the court claim/pay it off as if it had only just been served on you. The fact that it went to an old address won't necessarily be enough to successfully apply for this - especially if you didn't provide a forwarding address at the time while the Vodafone dispute was still unresolved.


I'd suggest having a look at our set aside factsheet at https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx - I'll check in on this thread again tomorrow as I'm short of time right now but didn't want to ignore it completely.


Dennis
@natdebtline

Sncjw

Have you moved since you took out the contract with Vodafone. If so theh would just use the last known address on file. It was up to you to tell them of said address. If you have told them of said new address have you any proof of telling them

Quentin

OP


your posts contain too much personal info which will allow the creditor to identify you (using your real name as your forum name breaks the rules - you need to get MSE to change it to something truly anonymous), and edit your posts to remove details the claimant can use to identify you


Bear in mind that the claimant can commence enforcement proceedings against you at any time (eg bailiff/attachment of earnings etc) all at your extra expense which is another reason to remain anonymous!

craighatton

when i found out about the CCJ on my credit report I paid it in full immediately which was today but i think the CCJ was unfair as I didnt have a chance to respond to the court I just dont want the CCJ on my file

Quentin

craighatton wrote: »

when i found out about the CCJ on my credit report I paid it in full immediately which was today but i think the CCJ was unfair as I didnt have a chance to respond to the court I just dont want the CCJ on my file

If you are referring to the CCJ you posted about in #8 then you made a big error!


The only way for you to get the ccj off your file was to apply for a set aside as you were advised in #12


Now that you have paid them providing they notify the court of the payment it will simply mean that the CCJ is marked satisfied.


It will remain on all your files and the register the full 6 years

boo_star

Quentin wrote: »

If you are referring to the CCJ you posted about in #8 then you made a big error!


The only way for you to get the ccj off your file was to apply for a set aside as you were advised in #12


Now that you have paid them providing they notify the court of the payment it will simply mean that the CCJ is marked satisfied.


It will remain on all your files and the register the full 6 years

On what basis would the OP have had the CCJ set aside?

The name thing is a non-starter and if they didn’t inform the creditor of their change of address then it being served to the last known address is perfectly acceptable.

PixelPound

The CCJ is for 2017, so irrespective of when the default falls off, the CCJ is on for another 5 years. Whilst the only way to remove it now is to set aside, I doubt that is an option.Seek legal advice but CCJ's can be served to the last known address, so unless you can show that either vodafone or the debt collectors were informed of the new address, then not really likely.

Quentin

boo_star wrote: »

On what basis would the OP have had the CCJ set aside?

The name thing is a non-starter and if they didn’t inform the creditor of their change of address then it being served to the last known address is perfectly acceptable.

There were good grounds for a set aside

The OP was unaware of the claim. The judgement was gained by default. Had the op known about it he would have been able to pay or defend it

But had no opportunity to defend it.

A set aside would have meant the ccj was removed which was what the op wanted to do!

Then he could have dealt with the claim if the claimant wanted to pursue it.

[Deleted User]

There are no grounds.

The account was left open and no new or forwarding address was given.

That!!!8217;s not what I call grounds for getting it set aside.

Quentin

Do you understand what a set aside is?

It's the only way a ccj can be removed from the register once s month has passed since the ccj and not paid in full

Not knowing that a claim has been made is grounds to apply for a set aside!

That was the OP s reason for the thread.

He looks to have missed the advice!

If he found he had no grounds for a set aside then he had set aside by consent to consider which is his last resort now