Ccj help!

Robyn182

My partner recently had a credit check done and he found he had a CCJ which was issued in Jan 2019 from credit card he had about 8 years ago that he thought was paid off. It was registered to an old address and has had no correspondence from the debt agent. The original debt was £1500 but is now told its £6k due to all the fees. We were literally about to apply for a mortgage, so as you can imagine we are devastated. Can anyone give advice as to how we can get this removed? thank you

worried_jim

Robyn182 wrote: »

My partner recently had a credit check done and he found he had a CCJ which was issued in Jan 2019 from credit card he had about 8 years ago that he thought was paid off. It was registered to an old address and has had no correspondence from the debt agent. The original debt was £1500 but is now told its £6k due to all the fees. We were literally about to apply for a mortgage, so as you can imagine we are devastated. Can anyone give advice as to how we can get this removed? thank you

You probably can't. At best you ask the judge for a set aside (will cost £225 to do) your reasoning would be a last address used, you would then have 30 days to pay the £6k so the CCJ isn't enforced.

Willing2Learn

Hi Robyn182 and welcome to the forum

From your first post it appears as though your husband is acknowledging the account is his. He could for a full breakdown of the account (including any interest, fees and charges).

Seeing how you are both looking to get a mortgage together, then you could pay the account in full. Then, it appears, that you may be able negotiate a consent order to see if you can get the CCJ removed. Have a look at the thread linked below. The last post seems to indicate a potential for success.

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/1477869-ccj-set-aside-help-please


Another alternative would be to get a good mortgage broker, one who specialises in adverse credit data.

[Deleted User]

You can pay for it.
This will show it as settled rather than having a debt outstanding against it.

sourcrates

Set aside with consent may be your best option, you need to contact the creditor, see if they will agree to it if you make full payment, obviously you can only do that if you have the funds spare to do so.


The current cost of a set aside is £255.00 but remision on the fee may be available if you are low earners.

Ben8282

Robyn182 wrote: »

My partner recently had a credit check done and he found he had a CCJ which was issued in Jan 2019 from credit card he had about 8 years ago that he thought was paid off. It was registered to an old address and has had no correspondence from the debt agent. The original debt was £1500 but is now told its £6k due to all the fees. We were literally about to apply for a mortgage, so as you can imagine we are devastated. Can anyone give advice as to how we can get this removed? thank you

1. Why did he think the card was paid off?
2. When did he make the last payment to this account and when did he last discuss the account with anybody from the debt agent?
3. What are all these fees?
4. Who has told him that the amount has increased to £6k

Robyn182

1.Because he’s forgetful...it was also back in 2011 and I think he sold his house and because he wasn’t chased for it he forgot- all post went to old address
2.last payment was in 2011
3.the original debt was bought by a company and they added a load of fees on to it...
4.the ccj states the fee is £6k

Ben8282

You have avoided answering the most important point in the questions asked. When did he last discuss the account with anybody from the debt agent? I have serious doubts that a ccj would have been granted for £4.5k of DCA added fees to a purchased £1.5k debt.

xlnc99

from someone who has various CC debts in the past, similar to yours including CCJ and defaults regarding debts like this, I can safely say that it is impossible 4.5k worth of fees and intrest would have been added to a 1.5k credit card debt. It just would not happen. You need to contact them to get a breakdown of the 6k. I imagine the original debt was not 1.5k and closer to 5.5k.

As for getting it removed, Consent order form is the way to go. It would only cost £100 and not the £255 originally stated on this thread. The fee to set it aside is £255 but only go down that route if the consent order is rejected. I dont think it would be as u were not at the address at the time of the CCJ.

[Deleted User]

8 years of various fees and interest can easily amount to an additional £4.5k.
Easily.

Why is a consent order needed?

The debt is owed and OP needs to pay it, not get out of dodge with it.

xlnc99

they would not be allowed to add that much fees and interest. There would be a cut off point. Its just impossible and i know this because i have been in the same situation as the OP in regards to credit card.

Not sure you know what a consent order is, its nothing to do with the amount owed