Court is really annoying me

Charliebar84

Hi all

My previous posts explain a lot of things but I’ll try and give a short version.

Saw on my credit report that I had a CCJ. All paperwork went to an address I’ve not lived at since 2012.

Applied for set aside - granted. Lowell sent ‘proof’ the debt was mine. I sent back proof I moved out of the property 6 months before the provident loan was taken out.

At first they asked for mediation then 2 days later sent another letter stating they were discontinuing the matter. And that a copy was sent to both me and the court (1st October I recieved the letter from Lowell)

2 days after that the court sent me a letter stating I had filled out forms incorrectly. I replied with a copy of the letter from Lowell stating that they had dropped the case and when will the CCJ be removed from my file. Lowell had already taken the ‘debt’ off my credit file. I heard nothing back from the court. I then emailed them again stating Lowell had discontinued the claim and when would the CCJ be removed from my file. The reply I recieved stated they can only remove it when they have received confirmation from Lowell that they’ve stopped the claim. Now they’ve had a copy from Lowell and a copy from me, they have TWO COPIES!!

They’ve been nothing but incompetent from the start and I’ve really had enough. How do I get them to remove the CCJ. And yes I did send Lowell’s letter by registered post so I know they’ve got it. I’m fed up!!

[Deleted User]

No one can remove the CCJ but the courts - Lowell cannot remove it simply by telling the courts to.

Did you apply and pay for a set-aside?

If so then it's down to the court to remove had they granted you the set-aside

D_M_E

The court will not remove it because you made errors filling in the form - this is what the letter from the court said.

You need to do the form again, this time correctly filling it in, and submit it to the court again, together with the fee, if you did not pay it the first time.

Only after this has been done and considered by the court and granted in your favour will the setaside be done and the CCJ removed.

Charliebar84

I know that but they haven’t. My point is they recieved communication from Lowell on the 1st October stating they’ve provided a notice of discontinuance. I also sent them a copy (recorded delivery) and I’ve emailed them but they say they won’t remove it until they receive notice from Lowell they’ve discontinued the claim. They’ve had 3 copies!!

This court has messed me about for months always returning forms saying I’ve done them incorrectly (I hadn’t) or that I needed more copies so they could send to Lowell even though I stated on forms a copy was already sent. They don’t know their !!!! from their elbow!!

There are no further hearings as Lowell has stated they’ve brought legal proceedings to an end! So why can’t they confirm that to me?!

The set aside was granted as I didn’t receive paperwork (going to an old address) I didn’t pay due to low income. But that’s neither here nor there. The point is they have the power to remove the CCJ and they’ve had 3 copies of the NOD but still state they need confirmation from Lowell they’ve closed the case.

D_M_E

If the setaside was granted then, as I understand it, the CCJ is automatically removed as part of the process.
How long ago was the setaside - if only recently then credit files may not yet be updated to reflect this.

You could try contacting the agencies and forwarding each one - Experian and the like - a copy of your court document which shows the granting of the setaside and ask them to update records.

Charliebar84

Hi D_M_E

The set aside was granted as I had not received the original court forms, they went to an address I hadn’t lived at for 6 years. I only found out about the CCJ when checking my credit file. So the set aside was granted so I could reply to the original forms (if that makes sense)

[Deleted User]

Did you pay the fee for it to be set-aside?

Stating Lowell have provided a notice of discontinuance does not mean it gets removed.

Shakin_Steve

Charliebar84 wrote: »

Hi D_M_E

The set aside was granted as I had not received the original court forms, they went to an address I hadn’t lived at for 6 years. I only found out about the CCJ when checking my credit file. So the set aside was granted so I could reply to the original forms (if that makes sense)

Yes, but the letter from Lowell's arrived at the court at the beginning of October. As someone already tried to tell you, CRA's update their records every 4-7 weeks, so give it a while and see.

PixelPound

I'm confused - you say the court won't remove the CCJ and then say the set-aside was granted. If the set-aside was granted then there is no CCJ, its back at claim stage. Lowell have issued a NOD so they are not pursuing it. Even if the court say they have not received the NOD it becomes stayed after 6 months.

What is your concern?

ciderboy2009

OP - How are you seeing that the CCJ hasn't been removed? Are you checking directly with Registry Trust (https://www.registry-trust.org.uk/) or the CRA's?

Resistry Trust will be automatically notified of the Set Aside overnight on the day the record is updated in the court. The CRA's will then get their information from Registry Trust every month or so.

So, if Registry Trust are still showing the CCJ as outstanding then it's likely to be something the court has done incorrectly & I would suggest a formal complaint.

However, if Registry Trust is correct but the CRA's haven't been updated then it's a problem at the CRA's end & nothing to do with the court.