Ccj advice

Frank77

Hi there
I'm new to this - so don't actually know how to post on a thread properly so please excuse me if I've done something wrong here.. I'd really appreciate your advice for my son. He just applied for credit agreement for a car and was turned down on the basis there are 2 CCJs against him. He had no idea and never received any notice that these were being issued or had been issued.
I've checked into them and both were sent to addresses that he hasn't lived at for years.
Yes - he did owe 2 bills - one for a stupid pay day loan taken out in May 2013 - £230.40 of which he'd paid £120 - CCJ issued 19th Oct 2018 - he's not disputing he owed it but didn't have any idea that a CCJ was being issued. Older and wiser - he is willing to pay it - but can he get the CCJ set aside on the basis that he didn't know anything about it? The other - a similar situation but because it went unpaid has escalated to over £1000 - again not aware that he had been issued with a CCJ because he had not lived at the address where it had been sent for approx 7 years. Just to recap. If he had received a letter to say a CCJ was being issued - he would definitely have paid them - so it's not the money - it's the fact that he had no way of knowing about the CCJ. Yes perhaps in hindsight he should have had a forwarding address - but didn't - and it just seem to have got lost in time - but now that he wants to look at getting a mortgage - it's huge issue. Can he apply to get them set aside - should he pay them in full? Any advise welcome

sourcrates

Frank, youve not been back for 3 months, but just found your post, and moved it to a new thread, just incase advice is still needed.

WhenIam64

There is nothing to stop him applying for set asides based on claims being sent to an old address. It should be £255 for both (not each). Paying the fee is the easy part.

When in the court, your son would have to be able to show that if a re-hearing was agreed (as that is what the set-aside hearing is to decide) that there was a defence to the claims.

The judge has to make a decision which will be 1 of 3

1. Your son is trying "credit washing" and the judge will give him a short, sharp no. Judges frown upon it.

https://www.autofinancenews.net/allposts/operations/risk-management/lenders-need-to-guard-against-post-data-breach-credit-washing-analyst-says/ ***

2. Or there is a defence, and there will be a rehearing IF the claimant (Lowell?) wants to go that far.

3. Your son has no defence but if he agrees to pay the claimant, the CCJ's are set-aside and there is no rehearing.

The only problem you son may have is he won't know until he gets into court what sort of day the judge has had. Good mood he might get #3. Bad mood and he'll get #1

The only way to get the set-asides is to have a solid shot at a defence and go in prepared. A smile and misplaced optimism won't really cut it.

He doesn't really have a defence to the amount claimed?

*** US site but the idea is the same. Credit washing allows those who can't manage credit - more credit.