CCJ setting aside

Link1991

Hi Everyone,

I'm new to this forum and am just hoping to see if anyone else has gone through what I am currently experiencing.

To try to be as brief and concise as possible, I had outstanding tuition fees which the university I attended referred to a DCA which I was paying on a monthly basis.

The company collecting ceased trading and folded and I had no communication on this. As I was hoping to soon apply for a mortgage in the new year I checked my credit report which has a ccj applied to it in regards to the tuition fees and is dated back to 2016. I queried this with the university who requested the new collection agency they had unknowingly appointed issue copies of the court documents which I have not received prior.

The values of the claim form differs from the certificate of judgement order form they have provided and submitted to the court (by around £30), and an element of the form states "This Certificate is only valid if sealed and this section is completed". The section includes initials so the signature element is completed, however it has not been dated to say when it was signed which in my opinion would technically mean it is not valid (based on their own stipulations on their own form)

It just doesn't seem right to me that the claim amounts differ, the form hasn't been fully completed by the court and that I was paying off the debt originally.

Any advice on whether or not you think I should pursue to set aside? Thank

[Deleted User]

It probably includes court fees and the like hence the difference

Link1991

Hi Gary,

Thanks for the response.

The original claim form details all the court fees and breaks them down.

Theres just an additional cost that even the court could not explain when I contacted them.

boo_star

I'm not sure what the point even is of getting this set aside. If the judgement is for an incorrect amount it will be amended down to the correct amount but you'll still have a CJ and it'll cost you £268 (ish) to get the judgment lowered by £30.

If the issue is the incorrect paperwork I imagine it will just be reissued with a signature.

Link1991

The point is that I was unaware of this judgement, and theres a host of inconsistencies in the documents provided. Getting it set aside would remove it from my credit file thus improving my chances of successfully having a mortgage approved.

[Deleted User]

Only if the judge agrees to it.

boo_star

Link1991 wrote: »

The point is that I was unaware of this judgement, and theres a host of inconsistencies in the documents provided. Getting it set aside would remove it from my credit file thus improving my chances of successfully having a mortgage approved.

Are there any inconsistencies in the debt that is owed? Unless there are your chances of getting a set aside are slim at best.

Edit: And I mean other than the erroneous £30.

Link1991

Hi boo_star, the debt is owed so I cant dispute on those grounds. It's more so that I was paying it off to one company originally who then stopped trading. The debt transferred to another company with no notification or contact made and it has escalated to this.

I'm just looking for advice as to whether or not it would be worthwhile pursuing or just paying it off without the potential added costs and what my chances would be.

I discussed this with CAB and they felt it would be worth pursuing the setting aside.

boo_star

Link1991 wrote: »

Hi boo_star, the debt is owed so I cant dispute on those grounds. It's more so that I was paying it off to one company originally who then stopped trading. The debt transferred to another company with no notification or contact made and it has escalated to this.

I'm just looking for advice as to whether or not it would be worthwhile pursuing or just paying it off without the potential added costs and what my chances would be.

I discussed this with CAB and they felt it would be worth pursuing the setting aside.

On what grounds did they say that?

CAB isn't really the be all and end all that people think they are. In fact in some cases their advice can be quite detrimental.

My personal opinion is that going for a set aside will be an expensive way to learn that trivial technicalities don't make much difference when it comes to civil claims in the small claims track. But IANAL.

Link1991

They stated due to the documents not being correctly filled out, and that I was regularly paying back the debt prior to the change in ownership of the debt.

This has all happened very quickly, so my better judgement is probably clouded in regards to the best course of action. The advice the CAB gave me was more of probably what I wanted to hear, more so than what I needed to hear.

Thank you for all your comments though, great to have a different perspective on the situation

boo_star

Link1991 wrote: »

They stated due to the documents not being correctly filled out, and that I was regularly paying back the debt prior to the change in ownership of the debt.

This has all happened very quickly, so my better judgement is probably clouded in regards to the best course of action. The advice the CAB gave me was more of probably what I wanted to hear, more so than what I needed to hear.

Thank you for all your comments though, great to have a different perspective on the situation

Anyone can get a CCJ at any time, although I suspect that a debt being repaid at a reasonable amount would get short shrift from a judge and costs may not be awarded.

But that doesn't really help you, the costs that might have erroneously be awarded to the other side likely to be less than the cost of a set aside anyway..