Removing a CCJ

LaLouisa

Hi there

I am looking for some advice with regards to having a CCJ removed.
I have only recently found out that there is a CCJ against me on my file.

Its a bit of a complicated situation so here goes.....

When I received the CCJ I sent a cheque straight to the claimant. The claimant received a cheque from me within the 30 day period to pay the amount off in full but never banked the cheque.

I have contacted a local solicitor and provided them with this information and they have written to the court - with a letter from the claimant saying that I had paid the debt in full.

The court has now sent me a letter back saying they need evidence that this was the case and now I am unsure what to provide as evidence and really want to get this CCJ removed.

Thanks in advance

[Deleted User]

If they never banked the cheque then it's not been paid

Have you actually had the funds taken from your account and if so were these taken within 30 days?

LaLouisa

I completely agree - in my eyes its never been paid.
I sent the cheque but the funds never came out of my account. The claimant decided to not proceed and bank the cheque- they are happy to confirm they were the one to make this decision.

thank you

[Deleted User]

That doesn't make sense.

If the court is demanding the payment and you've attempted to pay it they should have accepted it.

Are they now saying they do not want to proceed with the debt and are writing it off?

In that case the claimant needs to contact the court to stop the proceedings and have the CCJ removed from your credit files, at their cost

LaLouisa

The CCJ is from a few years ago. I never realised that it was on my credit file until recently.

I am the one who has contacted the solicitors recently and explained the situation and they have sent a letter to the court asking for the CCJ to be removed as I provided payment within the 30 days. They also contacted the claimant direct and asked him to confirm that he had received the money from me which he did in a letter which they sent to the court.

The court have now written back and are now asking of evidence that he received the money - the trouble is he decided he didn't want to bank the cheque so there is no actual proof - only our word.

Hope this makes sense

Thanks

[Deleted User]

So as far as the court is concerned it wasn't paid.

So they need something from the claimant to state that he decided for whatever reason to not proceed with the claim and bank the cheque.

However when the CCJ reaches 6 years old it will drop off automatically anyway