I would welcome advice on an unknown CCJ

cymruchris

In 2013 I filed for bankruptcy, and all went relatively smoothly considering. My property was maintained over the following years until the administrator decided to sell it to raise funds to pay off the debts. All understandable given the circumstances. In 2015 I officially vacated the property and moved back to my parents house - although at this time, the property hadn't yet been repossessed. I had a mail redirection service active with the royal mail until the mid part of 2016. It then appears that I had a CCJ issued in late 2016 in relation to a non-payment of service charge - I wasn't aware of it - and had received no papers as such to inform me of any proceedings. The mortgage provider paid the default sum as per an agreement hidden somewhere deep in the depths of the mortgage small print. I wasn't aware of any of the above.

So - the CCJ debt is technically paid indirectly by the mortgage provider - the creditor won't dispute that, although the CCJ itself is still marked as 'defaulted'



Would I be better off seeing if I can get it marked as 'settled' - or 'set aside' as I hadn't received the relevant papers to provide a response? Set aside is obviously costly at £255 - settled is better than defaulted. It's the only 'black mark' on my recent record.

I would appreciate people's thoughts on how best to proceed.

Timeline:


2013 Bankruptcy
Sept 2015 Moved house with royal mail redirection - informed mortgage/bankruptcy administrator
April 2016 Redirection ceased
30th September 2016 - property surrended to receiver
14th Oct 2016 CCJ issued by property manager - service charge on property now repossessed.
20th Nov 2016 - Full payment for outstanding debt made via mortgage provider

[Deleted User]

Does the payment made include the Service Charge?

Just_Di

Although the CCJ was in 2016 did the Service Charge debt exist prior or during your Bankruptcy in 2013?

I see the property was surrendered to the Receiver prior to the CCJ (unless I've misunderstood).

Di

Just_Di

cymruchris wrote: »

My property was maintained over the following years until the administrator decided to sell it

. . . . In 2015 I officially vacated the property and moved back to my parents house - although at this time, the property hadn't yet been repossessed. I had a mail redirection service active with the royal mail until the mid part of 2016. It then appears that I had a CCJ issued in late 2016 in relation to a non-payment of service charge - I wasn't aware of it - and had received no papers as such to inform me of any proceedings.

Who was "maintaining" the property during the time of (and the years which followed) your bankruptcy?

Were the service charge demands being sent to you at the property or were they being sent to the Administrator/Receiver?

(I'm assuming this was a leasehold property?)

Di

cymruchris

!!! wrote: »

Does the payment made include the Service Charge?

Apologies for the slow reply - have been tied up over new year! Yes - the service charge itself was also paid.

cymruchris

Just_Di wrote: »

Although the CCJ was in 2016 did the Service Charge debt exist prior or during your Bankruptcy in 2013?

I see the property was surrendered to the Receiver prior to the CCJ (unless I've misunderstood).

Di

The property was surrendered prior to the CCJ - yes that's correct.

The Service charge was for the last period leading up to the repossession. (So definitely my responsibility - I'm not denying that) - but hadn't received a notice accordingly, and wasn't at the forefront of my mind. It's very much post bankruptcy.

cymruchris

Just_Di wrote: »

Who was "maintaining" the property during the time of (and the years which followed) your bankruptcy?

Were the service charge demands being sent to you at the property or were they being sent to the Administrator/Receiver?

(I'm assuming this was a leasehold property?)

Di

Yes - a leasehold property - and the demands were being sent direct to the property. I'd settled all over the 2 years following bankruptcy - but this was for the period leading up to the repossession - and definitely my responsibility - no denying that! However I didn't see any such demand for this particular period.

cymruchris

I've now received a letter on behalf of the service charge operators stating that the payment is fully made, and that they have no objection to it being marked as satisfied (I didn't ask for such a letter - but had made an enquiry as to whether the outstanding amount had been fully paid, as was my understanding, and they confirmed it was.)

So now I have a letter that would certainly allow me to get the judgment marked as 'satisfied' - but wonder is it worth going for the 'set aside' as it wasn't a judgment I was aware of, and hadn't had an opportunity to respond to it.


The fee for set aside is quite considerable at £255.


In a few months my bankrupcty and a CCJ from 2013 will drop off the file - and there will be no more 'bad marks' visible aside from this 2016 unknown CCJ.

Would you consider the 'mark satisfied option' - one that's most likely guaranteed to be accepted - and the cheaper option - but it remaining on your record - or try for the 'set aside' with a higher fee that appears to qualify for an application? I'd welcome anyone that's tried a 'set aside's' view. (As well as anyone else!)

macman

You won't get a set aside on the basis on non-receipt, because it's your responsibility to update your contact details with your creditors. All they have to do is prove despatch of the paperwork to your last known address.

cymruchris

macman wrote: »

You won't get a set aside on the basis on non-receipt, because it's your responsibility to update your contact details with your creditors. All they have to do is prove despatch of the paperwork to your last known address.

I hadn't intentionally failed to update them - I'd updated the mortgage provider and the official receiver - it just hadn't crossed my mind in reference the service charge, but I understand where you're coming from. I'd read that failure to receive paperwork would be a potential option to ask for a set aside - which would take you back to the original position prior to the judgment, in which the claimant could then re-issue their CCJ if you didn't pay. In this case it's already paid - so they wouldn't have any issue there - but interesting that you say non-receipt of paperwork wouldn't be sufficient grounds - is that based on opinion or experience if you don't mind me asking? (And thanks for replying)

Willing2Learn

Why not ask your question at https://legalbeagles.info/forums/? According to a few threads I have looked at, non-receipt of paperwork can be set aside in certain circumstances.

If I were you, I would re-post your question over there