Court date to set aside CCJ - please help !

[Deleted User]

I don't think you not being there is a reason that it should be removed - it's not anyones fault you weren't there to receive the paperwork, which was duly delivered to the correct address and in the correct timescales.
There's nothing you can do unfortunately.
Likewise if you were away on holiday or away on business etc. - your whereabouts isn't there problem.

Regards the CRA's - yes the old debt will be marked as closed/settled, and the CCJ will be updated accordingly as well, but not removed.

The CRA's cannot remove the CCJ either, neither can the claimant - only the court can.

But at this stage you'd need to get it set-aside, which you've already tried and was denied.

Squirejim

!!! wrote: »

I don't think you not being there is a reason that it should be removed - it's not anyones fault you weren't there to receive the paperwork, which was duly delivered to the correct address and in the correct timescales.
There's nothing you can do unfortunately.
Likewise if you were away on holiday or away on business etc. - your whereabouts isn't there problem.

Regards the CRA's - yes the old debt will be marked as closed/settled, and the CCJ will be updated accordingly as well, but not removed.

The CRA's cannot remove the CCJ either, neither can the claimant - only the court can.

But at this stage you'd need to get it set-aside, which you've already tried and was denied.

Hi Gary, appreciate the honest feeedback. it is no ones fault i didnt receive the paperwork - well, perhaps mine, but making a life changing decision to attend treatmnent, was the best thing i could ever have done .. CCJs pale into insignificance in the grand scheme of things. My point though, is had i been at home, received the judgement, paid up immediately, it wouldnt be on my credit file, Surely, there are opportunities to present this argument to someone sensible?



At Court, i erroneously went in there to set aside the judgemnet, realising at a later stage that was the wrong application, as i did owe the money, it was more about the ..time issue, see 'above'...



OK, you have far more experience and knowledge about these matters, so it sucks if this is final outcome. possibly a settled CCJ is better than not, but why does it say "ACTIVE" on the status (in Public information tab), yet under financial info tab, the account is closed as settled?


I am now assuming that on any job applications, i will have to declare a CCJ, even though its settled.... seems harsh there is no board to challenge the 1 month payment period .. not looking to challenge the validity of the debt, just allowing extra time due to legitimate reasosn....

does seem odd, an incentive is offered if you settle within 1 month, to not record CCJ. through no fault of my own or others, in good faith as soon as we were aware, settled it, only to not be eligible for incentive. surely, there is a common sesnse person to appeal this to..? i will investigate..

well, you live and learn in this life!! Now im unclear what next steps i need to make...

[Deleted User]

But you weren't at home, therefore didn't pay within the timescale - that's the long and short of it.

The original debt is marked as settled as it was "turned into" a CCJ - you need to wait for the courts to update the CCJ status which will then in-turn update on your credit reports during one of their "snapshot" runs.

Why would you need to declare a CCJ on job applications? Unless you're working in a finance or government orientated role there's no need to declare it.

You will obviously need to declare it on any financial applications, maybe even on insurance applications should you choose to make monthly payments.

As for next steps - wait for it to drop off.

Squirejim

Perhaps, i am making it more of a concern in my head, than in reality. but yes declaring a CCJ on job applications, either in finance, insurance (my background), or wherever could potentially hinder opportunities. The implication being there must be a reason why its specicallly asked on applicatios (aside from ovious working with finance)


The issue i have, is that i was offered the chance to not have it on my credit file, why offer an incentive at all? why could these important court docs not be sent signed for delivery..



I will continue to investigate as i would like to think there is an opprtinty for common sense to be applied in certain circustances...

[Deleted User]

What difference would signed delivery make?

You could just refuse the delivery - besides the fact the 30 days starts from the judgement date, not the date of letter delivery.

Squirejim

Having no knowledge that a CCJ was on its way to me, personally I would not have refused a signed for delivery addressed to me. In my situation by having the letter sent 'signed for' would have enabled me to take advantage of the 1 month period and availed myself of the incentive to not have the CCJ on my credit file. Granted, the 1 month period would need to be from date of receipt and not judgement. Surely this is a fairer approach?



I understand there is an actual process just for these circumstaces i.e Defendant has moved address so didnt receive the judgement. The Courts then allow an applicaton to be made to take this into consideration, as the defendant was totally unaware of this judgement.


However, what I now understand is that the 'setting aside' of the judgement takes into account not just address and correspondence receipt issues but it is follwd up with a defence / challenge of the CCJ itself.


Because I was not submitting a defence against the debt - i owed it & paid it - in hindsight applying for a Setting aside was obviously the wrong motion. Not being an expert on CCJ matters or the Courts, I wonder whether there is an alternative motion, which would have been more relevant to my situation?



Either way, I will continue to explore how to remove the CCJ from my credit file, as i believe there are valid reasons for its removal.


Any ideas gratefully welcomed.

[Deleted User]

There are no valid reasons for removal in this instance.

It will remove itself 6 years from the date of judgement.

Squirejim

Respectfully, this is your opinion and im inclined to disagree. I have a reasonable relationship witht the credotors. Once i settled the debt, they quickly sent a letter to court saying debt was settled and also notified the court to remove the order on the property. It does me no harm by contacting the claimant to explain reasons why i received the judgement late, how i settled it promptly (within few days) and ask they update the Court with these mitigating circumstances. I dont take anything for granted, but would hope the Court may look favourably and agree to remove the CCJ.


i lose nothing by trying and if you dont ask you dont get!


Keep up the postiive vibes ! Perseverance !!

boo_star

Squirejim wrote: »

Respectfully, this is your opinion and im inclined to disagree. I have a reasonable relationship witht the credotors. Once i settled the debt, they quickly sent a letter to court saying debt was settled and also notified the court to remove the order on the property. It does me no harm by contacting the claimant to explain reasons why i received the judgement late, how i settled it promptly (within few days) and ask they update the Court with these mitigating circumstances. I dont take anything for granted, but would hope the Court may look favourably and agree to remove the CCJ.


i lose nothing by trying and if you dont ask you dont get!


Keep up the postiive vibes ! Perseverance !!

All they did was what they're supposed to. It doesn't mean you have a "great relationship", it just means your creditors aren't complete <insert expletive here>

With all due respect you appear to know what you're doing (or think you do) and are really only here to be told whatever it is that agrees with your view and will argue against anything that doesn't.

That's fine but it's not forums work.

[Deleted User]

Squirejim wrote: »

Respectfully, this is your opinion and im inclined to disagree. I have a reasonable relationship witht the credotors. Once i settled the debt, they quickly sent a letter to court saying debt was settled and also notified the court to remove the order on the property. It does me no harm by contacting the claimant to explain reasons why i received the judgement late, how i settled it promptly (within few days) and ask they update the Court with these mitigating circumstances. I dont take anything for granted, but would hope the Court may look favourably and agree to remove the CCJ.


i lose nothing by trying and if you dont ask you dont get!


Keep up the postiive vibes ! Perseverance !!

It’s out of the original creditors hands now.

The only way the court “may” remove it is if you go for another set-aside with a different reason.

But again they may still not find in your favour.