Managed to get 2 defaults removed from my credit, just one CCJ to go... need some advice on strategy

TurningANewLeaf

So through hard word, perseverance, a lot of phone calls and emails plus going through my bills with a fine tooth comb to find mistakes, finally managed to badger a utility company to remove two defaults and all negative marks on my credit file.



Now onto the CCJ... if I can get this removed my credit rating is going to look amazing and the banks will probably be queuing up to give me mortgages and loans (maybe!).


So first of all the CCJ went to the wrong address. I hear that is some grounds to have the CCJ set aside? But apparently there needs to be a mistake or the amount owed needs to be incorrect as well?


The CCJ was issued 2 years ago, for an overdraft I had with my old bank. They want £1,800.



I looked through my old statements, and there are about £1,700 worth of bank charges between 2006-2011. Would it still be possible to claim these back, or is it too late? Bear in mind as well the account is closed and I owe them money.



I'm wondering what my best course of action is here in terms of strategy? Unfortunately they issued the CCJ just in time of the 6 year deadline before it became statute barred. So I think that route is blocked.

[Deleted User]

Well you owe the money, yes?

So why not pay it off?

A paid CCJ is better than an unpaid one.

fatbelly

Have a go

https://www.moneysavingexpert.com/reclaim/bank-charges/

twhitehousescat

TurningANewLeaf wrote: »

So through hard word, perseverance, a lot of phone calls and emails plus going through my bills with a fine tooth comb to find mistakes, finally managed to badger a utility company to remove two defaults and all negative marks on my credit file.



Now onto the CCJ... if I can get this removed my credit rating is going to look amazing and the banks will probably be queuing up to give me mortgages and loans (maybe!).


So first of all the CCJ went to the wrong address. I hear that is some grounds to have the CCJ set aside? But apparently there needs to be a mistake or the amount owed needs to be incorrect as well?


The CCJ was issued 2 years ago, for an overdraft I had with my old bank. They want £1,800.



I looked through my old statements, and there are about £1,700 worth of bank charges between 2006-2011. Would it still be possible to claim these back, or is it too late? Bear in mind as well the account is closed and I owe them money.



I'm wondering what my best course of action is here in terms of strategy? Unfortunately they issued the CCJ just in time of the 6 year deadline before it became statute barred. So I think that route is blocked.

the fact that letters were sent to old address on its own is enough for a set a side , at which point they can restart a new claim if they wish , £255 per setaside unless you get exemption

TurningANewLeaf

fatbelly wrote: »

Have a go

Thank you, gonna give it a go!

TurningANewLeaf

twhitehousescat wrote: »

the fact that letters were sent to old address on its own is enough for a set a side , at which point they can restart a new claim if they wish , £255 per setaside unless you get exemption

Thanks, that's amazing to hear!


So here is what I'm thinking, I have 2 options here, I could wait it out 4 more years and pay nothing.



OR...


I could contact the debt chasing company, and say "look, I can either wait this out for 4 years and you get nothing, or I could apply to have this set aside as the CCJ was sent to a wrong address, and once it has been set aside I'm willing to pay you £1,000 lump sum to have this debt cleared. Have we got a deal?". I'll be a bit more diplomatic than that, maybe actually leave out the threat of paying nothing, but hypothetically, how does that sound for a strategy?

[Deleted User]

It’s too late to pay something to “wipe it off”.

Any communications you have now are to be with the court not the DCA.

You owe it. Pay it.

DCFC79

Don't go thinking your score is what lenders see as it isn't, lenders can only see your history, they may score based on your credit history.

TurningANewLeaf

!!! wrote: »

It’s too late to pay something to “wipe it off”.

Any communications you have now are to be with the court not the DCA.

You owe it. Pay it.

Well at some point (if I apply to have this set aside) it is gonna go back to the debt collector. You never heard of negotiating? Especially when I have a bit of leverage here and they've already done their worst.

TurningANewLeaf

DCFC79 wrote: »

Don't go thinking your score is what lenders see as it isn't, lenders can only see your history, they may score based on your credit history.

And if I have the CCJ set aside, my credit report will look unblemished (incredibly). If I merely pay the CCJ, it's still gonna look like crap for 4 years. That is unacceptable.

DCFC79

TurningANewLeaf wrote: »

And if I have the CCJ set aside, my credit report will look unblemished (incredibly). If I merely pay the CCJ, it's still gonna look like crap for 4 years. That is unacceptable.

I'm a firm believer in if 1 has run up a debt eg an overdraft then 1 owes said amount and pays it over a number of months.


I wish you luck in your journey.