Help paid CCJ within 30 days court won't remove

Wiltsmum

We moved back in 2016 and had numerous items stolen in the move. We withheld some monies until we received the insurance papers.I never did. We heard nothing from the removal company until they sued use for non payment at our previous address. Due to terminal illness of a family member I didn't fight it and paid within the 30 days. Fast forward to this March and I find it is still sitting on my file. I have rung, written and begged the court to remove it- they won't I have sent proof from the bank PDF and formal bank receipt, they say it has to come from the claimant. I have tried to contact him and he will not answer me. Finally he informed them last week it was paid in April this year which is a outright lie. He has done this so I cannot get it off my file. I have to find a new home with my children. I cannot get one with this on my file. I am desperate and beside myself. Help, advice.

System

You should be able to tell the court yourself for a fee if you send proof so I can't understand why the county court won't.

It won't stop you from moving if you can't get it removed, it'll just make the process a bit more complicated and more expensive as you'll need to find a broker who specialises in dealing with people with adverse credit and the interest rate you'll be offered will be higher.

If you have an "other half" with a clean credit record would they have enough income to be able to get a mortgage on their own rather than a joint application?

Wiltsmum

Thank you for your thoughts. The claimant told the court I paid this April so it will remain on my file for the full 6 years. It is spite and malice and the court refuse to acknowledge the dated bank transfer. Not sure how they can refuse?I am seeing a lawyer tomorrow but it has pushed our mortgage offer up by £500 per month. The claimant has also stalked me and again I cannot do anything about that as he was 'only sitting outside my house- daily'. Rang the police not interested. I am the higher earner so we need my income included.

fermi

Perhaps see the thread is this link: https://forums.moneysavingexpert.com/discussion/5462835/ccj-paid-but-no-receipt

Is about getting a CCJ marked as satisfied rather than removed/cancelled, but the principle is just the same.

Make a formal complaint to the Court Manager.

Remind them that section 11(2) of The Register of Judgments, Orders and Fines Regulations requires that they remove cancel the entry when it comes to their attention it was satisfied within one calendar month, and this DOES NOT require in any way that the evidence comes from the claimant.

Wiltsmum

A very late thank you. I ended up having to employ a £400 per hour litigator to get the claimant to remove this. Finally after 5 attempts with proof to the court it has been done. I am £910 worse off but CCJ free with a cheaper mortgage deal.