CCJs

JIDuncan

Hi and thanks in advance for your help....

Today I checked my full credit rating and discovered I had a ccj on it from 2016

At the time all documents were sent to my parents house and my dad signed for it as he also has same name as me he then informed me that SaaS were taking me to court to recover money that I received when I was at college.

I accepted that I need them money and phoned up about 2 weeks before court and agreed to pay x amount each month think it was 25 or 30 a month they said it was too close to my pay day to set a direct debit up and agreed to take it from the following month which I can see was paid. I remember asking do I need to go to court still and they said no it's ok as I've set an agreement up with them.

I now check my file as I'm looking at getting a mortgage and see I have a ccj on it. What do I do? I have spoke to phone company to see if we can see the call being made but because it was a free phone number I don't think it will be on it.

Plan to phone SaaS on Monday and see what they say... is it worth paying for it to be set aside? I mean I have an agreement in place and happy to continue it would applying for it to be set aside work?

Thanks again for reading and hope you can help.

Iain

System

Already responded to in the Credit File and Ratings board - please keep topics only in one board or ask board admin to move if you believe it should be in another.

fatbelly

If you had a court claim form then offering payment at that stage does not stop the process. It may result in a judgement to pay by instalments or, if you have not followed the process correctly, a judgement to pay 'forthwith', i.e everything in one payment immediately.

You can find out what you got (and confirm the claimant) by contacting the court. If Northampton court was used, email works well.

The way to make payments but avoid the claim proceeding to a judgement is to use a Tomlin Order, which the claimant's solicitors can usually set up for you at a small fee. Then as long as you make the payments the judgement never appears on your file.

The other way to avoid a ccj is to pay it in full within one month.

In your situation if you clear the ccj it will show as satisfied and this may not stop you from getting a mortgage but you should check with a broker.

There is a way to get the ccj removed and that is via setaside. You would normally need:

• a defence with a real prospect of success
• a reason why you did not defend the claim
• to act promptly

All these may cause issues. If you still want to give it a try the best chance is to get the claimant's consent not to object to the setaside. This is 'setaside by consent' and often happens in private parking cases. They almost certainly will want the full debt paid before agreeing to this