Help I have ccj

JIDuncan

Hi and thanks in advance for your help....
I posted this In loans but can't work out how to delete it from there think it's better suited here...

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 got money towards laptop printer etc I spent all on laptop and they said I never spent it right.)

I accept that I owe 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 next 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

[Deleted User]

What’s your grounds for a set-aside that a judge would take in your favour?

JIDuncan

I hoping that the signed letter that was sent out before hand wasn't sent to myself or signed by myself but my old address and or the fact that an agreement was set up before court and the fact they told me I didn't need to attend court.

System

xNot going to work. They are only legally required to serve correspondence to the last known address they have on file for you so if you moved and didn't tell them then they're not at fault for writing to your old address and the fact your dad signed the recorded delivery is neither here nor there.

JIDuncan

I had no reason to contact them to tell them I had moved as I had finished college and as far as I was concerned done with dealing with SaaS until I earned enough to pay loan back

[Deleted User]

If course you have to update them.
They are a lender that you have an agreement with.

JIDuncan

That what I'm saying though there was no agreement needed as I thought I was done with them the money they are seeking was a disability Grant but I never spent it the way the wanted me to to the T.

Anyway I accepted that I needed to pay money back and set an agreement up with them before it came to the court date like the letter stated and told me they then said I don't need to attend court but obviously I should have so I wouldn't have ended up with a ccj

Willing2Learn

Did you honour your debt repayment schedule agreed before the CCJ?...And did you get acknowledgment of the scheduled payment plan in writing?

JIDuncan

Yeah I have I've been paying £25 a month since then. It was never something set up by the court just between me and SaaS

But I'm sure SaaS sent something at the time but don't think I have a copy still I'm currently digging through old letters in hope that I find something.

Willing2Learn

That letter constitutes evidence. You need to find a copy of that agreement to have any remote chance of success. Plus the evidence from bank statements that shows you have paid the correct amount on the correct day, in accordance with the agreement.

JIDuncan

Yeah also going to call them tomorrow to see if they have record of that call or notes on the call of the original agreement