CCJ but I've already paid!

primpfan1

Hi,

Could I get some advice please?
I paid an outstanding debt in full on 06/09/19 but received a judgment for claimant letter dated 18/09/19. I'm not sure where to go from here. Obviously I don't want it on my credit report but don't know how to get it taken off.

Thank you in advance!

Ben8282

Contact the court with proof of payment prior to the issue of the ccj.

[Deleted User]

Are you sure it's for the same debt?

primpfan1

Yes, definitely

alidata

primpfan1 wrote: »

Hi,

Could I get some advice please?
I paid an outstanding debt in full on 06/09/19 but received a judgment for claimant letter dated 18/09/19. I'm not sure where to go from here. Obviously I don't want it on my credit report but don't know how to get it taken off.

Thank you in advance!

If the court passed judgement on 18/09/19 that you owed the money, then any money you paid beforehand is irrelevant - the court found that on 18/09/19 you owed the money.

It's now 30/10/19, so despite the fact you don't want the CCJ on your record, it is and will be for the next 6 years.
If you pay, you can get the CCJ marked as settled.
If you don't pay, ...well,.... keep looking over your shoulder for the next 6 years.

elsien

I find alidata's reply a little odd.
Were you aware of the court case and dates? If yes, did you not check before the court date or provide proof to the court that the debt had been paid?

badmemory

Ben8282 wrote: »

Contact the court with proof of payment prior to the issue of the ccj.

This is correct!

alidata wrote: »

If the court passed judgement on 18/09/19 that you owed the money, then any money you paid beforehand is irrelevant - the court found that on 18/09/19 you owed the money.

It's now 30/10/19, so despite the fact you don't want the CCJ on your record, it is and will be for the next 6 years.
If you pay, you can get the CCJ marked as settled.
If you don't pay, ...well,.... keep looking over your shoulder for the next 6 years.

This isn't! A spiteful debtor can make a claim some time after it has been paid & make a minor error in the address & you may never find out about it unless you need credit. Happened to a friend of mine & yes it is true because I wrote all the letters & form filled for him.

alidata

I find elsien's reply a little odd.

alidata

badmemory wrote: »

This is correct!

The court will not do anything for the reasons I have laid out already.

If the defendant failed to file a defence, the best they can do now is make an application to appeal the judgement. It won't be easy, sorry.

Jump in all those that say set aside, by consent if that's the only way. :cool:

It's aint as easy nor as common as this forum likes to otherwise make out, sorry.

badmemory wrote: »

This isn't! A spiteful debtor can make a claim some time after it has been paid & make a minor error in the address & you may never find out about it unless you need credit. Happened to a friend of mine & yes it is true because I wrote all the letters & form filled for him.

Aye, and pigs might fly ...

But I accept perjury is a possible cause.
Courts take a very serious view of attempting to pervert the course of justice, and an immediate custodial sentence is often the outcome.

Of course, the perpetrator of the crime against your friend is still free to walk the streets, I know :cool:

sourcrates

primpfan1 wrote: »

Hi,

Could I get some advice please?
I paid an outstanding debt in full on 06/09/19 but received a judgment for claimant letter dated 18/09/19. I'm not sure where to go from here. Obviously I don't want it on my credit report but don't know how to get it taken off.

Thank you in advance!

All you can do is apply for a set aside on the basis the debt was settled before judgement, the current cost is £255.00 (remission is available on the court fee if your on a low wage).
The upside is the debt won’t be chased if it’s already been settled.

ciderboy2009

OP - let's go back a bit.

You say that you paid the debt in full on 6 September. Did this payment include the court fees etc as listed on the original court claim form?

Thes amounts are owed as you paid after the claim had been issued - the date of judgment proves this.

If it did include everything then I would write to the court with your proof of payment and pointing out the dates.

I would also write to the claimant telling them that they need to set aside the judgment - there is a procedure for this which won't cost you anything.

By writing I mean a real letter - not an email, text or phone call.

If you did not pay the full amount on the claim form then the judgment is correct - albeit that the amount left to pay on the judgment is reduced by the amount that you have already paid.