CCJ applied after Bankruptcy

charlie6712

Hi All,

In 2017 I had some troubles with debts and finally on the 28th April a Bankruptcy order was granted. That, naturally, included ALL my debts, effectively making me debt free apart from the Bankruptcy payments.

HOWEVER 2 weeks after the bankruptcy order, a CCJ was granted against me by Northampton court. A default judgement as I did not dispute the debt with the court (it was a valid debt).

I had informed the creditor (iWoca) that I was bankrupt immediately on it being granted and the debt was included in that so the court proceedings legally had to be stopped.

They clearly made no action and proceeded in getting a CCJ judgement against me.

They have since admitted they got the notice from the Insolvency office before the CCJ date but did nothing to stop that from proceeding because they "received the notice after they had requested judgement in default".

They have said they won't contest a set aside application but also that they won't make any action to remove it properly as they believe it was obtained correctly / it is valid.

HOWEVER, I don't believe that CCJ should ever have been allowed to appear, so why should I pay £255 for the N244 application to remove it.

Any thoughts on how I can get it removed without having to pay?

Does 'setting aside' get rid of it or just mark it as set aside on my file (and therefore leave it visible to any credit searches?

#complicated

[Deleted User]

It’s more than likely they started the CCJ process before your bankruptcy was filed, thus it was already going through the motions.

sourcrates

Hi,

You don’t need to pay anything.
Bankruptcy is an all encompassing solution, and county court judgements are extinguished under bankruptcy/insolvency.

Speak to your OR, about it, but do not pay anything to the creditor, you are forbidden from dong so.

https://bankruptcyexpert.co.uk/articles/can-a-ccj-be-included-in-bankruptcy

twhitehousescat

you have 14 days to argue / fill reply papers in to the court , failure to do this results in a default judgment

if the company are happy with an uncontested setaside it will cost £100 not £255

charlie6712

!!! It is possible they started before the bankruptcy, but I still don't believe it should have continued.

@sourcrates sorry perhaps I wasn't clear in my first post, I am not paying the creditor anything, the £255 is the court fee to apply for a Set Aside on form N244

@twhitehousescat thanks yes I know but nevertheless how can I have a CCJ for a debt that does not, and did not, exist at the time I got the CCJ?
Also ... do you know how I do an uncontested Set Aside? The court are asking me for £255 to proceed. ... Do I need to write a letter and get them to sign it so confirm they don't contest?

Quentin

To get a ccj set aside you have to explain to the Court's satisfaction why you didn't respond to the Court within the time allowed.


You don't look to have responded at the time at all!


But to answer your question if you are successful with any set aside application then the CCJ is expunged from the register


(You may be entitled to help with the court fee - see https://www.gov.uk/get-help-with-court-fees )

MEM62

OP the CCJ is unenforceable so what is your motivation for wanting a set aside?

[Deleted User]

raddougall wrote: »

It is indeed unenforceable and no one has tried to collect on it. But right now it's blocking me from getting a mortgage or indeed any credit at all.

You would think that the Bankruptcy would be the problem, but it's not. An open, active CCJ thats not being paid is worse than a discharged bankruptcy. I never thought I would need to care about the CCJ because the bankruptcy was worse but I was indeed wrong.

Are you the OP?
Or a different poster altogether?

charlie6712

!!! wrote: »

Are you the OP?
Or a different poster altogether?

Sorry looks like I was logged in on my flat mates account before .. must have been using my laptop.

Anyway my original post was....

MEM62 wrote: »

OP the CCJ is unenforceable so what is your motivation for wanting a set aside?

It is indeed unenforceable and no one has tried to collect on it. But right now it's blocking me from getting a mortgage or indeed any credit at all.

You would think that the Bankruptcy would be the problem, but it's not. An open, active CCJ thats not being paid is worse than a discharged bankruptcy. I never thought I would need to care about the CCJ because the bankruptcy was worse but I was indeed wrong.

charlie6712

twhitehousescat wrote: »

you have 14 days to argue / fill reply papers in to the court , failure to do this results in a default judgment

if the company are happy with an uncontested setaside it will cost £100 not £255

do you know how to do an uncontested set aside? ... The court are asking me for £255