CCJ issued from old account

robingetz1

sourcrates wrote: »

Hi,


First off, when assessing overdrafts/bank accounts for the possibility of been statute barred, it is the default date thats regarded as the "cause of action date", and not nessessarily the date of your last payment, sometimes accounts can run for many months, even years unused, until the bank defaults them.

Second, you cannot appeal a county court judgement, but you can apply to have it set aside, the cost for this is a £255.00 statutory fee, but remmision is available for the low paid.


You would need to confirm your defense beforehand by taking legal advice, because in order to be successful, you need a defense with a reasonable chance of success, so if the wrong account numbers were provided to the court, then that would technically invalidate the judgement, often reffered to as a "technicality", and a set aside "may" be granted on that basis.

Thank you for this advice. Can this happen at any time,it might take a few months to gather this information, but I need to pay the full amount in enough time to avoid the ccj.

sourcrates

You only have 30 days in which to pay the full judgement amount, and have the judgement removed from your credit file.

If you are succesful in your set aside, the judgement is removed anyway.

robingetz1

sourcrates wrote: »

You only have 30 days in which to pay the full judgement amount, and have the judgement removed from your credit file.

If you are succesful in your set aside, the judgement is removed anyway.

Sorry, I meant can I apply to get it set aside after I have paid within 30 days and avoided the ccj, maybe 2/3 months later, after I am satisfied that I have gathered enough new evidence to be happy of success.

sourcrates

robingetz1 wrote: »

Sorry, I meant can I apply to get it set aside after I have paid within 30 days and avoided the ccj, maybe 2/3 months later, after I am satisfied that I have gathered enough new evidence to be happy of success.

No, you cannot set aside a fully paid off judgement, once its paid, its settled and that is that.

PixelPound

robingetz1 wrote: »

Sorry, I meant can I apply to get it set aside after I have paid within 30 days and avoided the ccj, maybe 2/3 months later, after I am satisfied that I have gathered enough new evidence to be happy of success.

in addition to sourcrates comment, paying the debt will be seen as admission of the debt, a judge would ask why you paid. Also if you pay within 30 days, there is no ccj to set aside, you've paid within the court allotted time to avoid the CCJ.

So it is pay the debt or go for a set aside and risk it being rejected. In the grand scheme of things if you are applying for a mortgage, then will having a CCJ cost you more than paying it off? If so is it worth the risk of going for set aside, failing and having costs. You need to get advise on likelihood of success.