Worth removing a CCJ

edited 30 November -1 at 1:00AM in Credit File & Ratings
6 replies 854 views
HoorayForMadnessHoorayForMadness Forumite
2 Posts
edited 30 November -1 at 1:00AM in Credit File & Ratings
Just wondering if anyone can advise me on the following issue. I'm hoping to get a mortgage as a first time buyer soon but my credit rating seems low due to a CCJ (668 on experian, 500 on checkfile). Other than that I always pay my credit card on time, I earn more than I spend and have good history with gas/electric/water/council tax etc. In other words, this is the only thing holding me back.

I have paid in full but 15 months after it was taken out in my name. I paid it within 2 days of finding out about it but all correspondence prior to then was to my old address. Truth be told I didn't know what a CCJ was and paid it as I agreed it was a debt I ignored (long story but I've learned it's better to pay a debt and then dispute it rather than dispute it and not get a chance to pay it.)

The solicitors had written to me at my old address for three months before I moved, but I ignored them (I'm not as stubborn now!). I heard nothing more for 2 years until I got a letter about the CCJ from April 16 (this was July 17, I moved in July 15).

So my question, do you think it's worth filling out the form to try to get it removed on the basis that all court correspondence went to my old address (roughly 5 months after I moved). The solicitors state that they checked my address with a credit check but I had changed my voting address and address with bank prior to this. I don't know how to confirm the electoral address part though. Council tax was also changed. There still is the issue that I ignored letters at my old address.

I know in a magistrates court you can swear by a statutory declaration but they don't seem to exist with county courts. Any advice is appreciated.

Frank

Replies

  • gycraig_2gycraig_2 Forumite
    533 Posts
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    Gonna have a hard time if youv ignored letters and moved house without giving a forwarding address
  • [Deleted User][Deleted User] Forumite
    0 Posts
    MoneySaving Newbie
    No as you didn!!!8217;t provide them with a forwarding address.

    And ignore your made up score/rating
  • SystemSystem Forumite
    177.9K Posts
    10,000 Posts Name Dropper
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    Legally the creditor is only required to serve papers at the last address they have on file for you and by your own admission you never notified them of your change of address. They are not required to go hunting for you so any hope of getting a set aside because of that is not going to happen.
  • sparkey1sparkey1 Forumite
    444 Posts
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    You wrote "The solicitors had written to me at my old address for three months before I moved, but I ignored them (I'm not as stubborn now!)."

    I don't beleive you will get it overturned.

    1 Because you changed address and did not tell them.
    2 You ignored letters at your old address for 3 months before moving
    3 They ran a check on your address at the beginning of the process and not the end, so therefore they were sending letters to the right address.
    4. Even if they hadn't checked, the address change responsibility is down to you.

    Moving forward on a positive, please learn from this. Have you made sure that all your credit accounts are going to the right address. Use direct debit to set up minimum payments to cover you in case of forgetting, not receiving statement etc. You don't mention credit cards. Are you using them and paying them on time?
  • Thanks for the responses. I didn't think it would work. I think I can still get a mortgage, just with much higher rates and a 15% deposit, though i was planning on more than 10% anyway.

    Sparkey1, yes I've lived here for 3 years. I use my credit card a lot and pay it off the day I get my statement. I'd like to think I'm sure organised when it comes to money.

    I still believe the courts should have done more to check my address as like I said, I had moved 6 months previously.
  • [Deleted User][Deleted User] Forumite
    0 Posts
    MoneySaving Newbie
    It's not down to the courts to chase you.

    It's down to you to update your lenders/creditors accordingly
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