CCJ not removed against my name

lethal_2

Hi All,

I had my CCJ successfully set aside on the 17th March 2020 + the request for the defendant (i.e. me) to issue a full defence to the claim by the 7th April 2020.

Due to COVID crises/lockdown, the courts were unable to issue the paperwork from the hearing until the 7th April (and I actively chased this as I am in the progress of a mortgage application which was at risk due to the CCJ against my name). I received a letter this morning (but dated from the 7th April) from the courts confirming the outcome of my hearing (which is what I have been actively chasing) and likely to have been delayed in the post. Of course, I submitted a defence to my claim prior to the 7th April and therefore there should be no significant issues on that one (he says).

My question is what happens to the CCJ against my name? Surely, it's set aside (as that was the outcome from the courts on the 17th March) but who updates that on the public records? Do the courts trigger this or does the claimant? I am checking with the Register Trust every day to see if has been removed but sadly no updates. Who do I need to speak to in order to get this removed against my name and so I can continue with my mortgage?

 Thanks in advance

 

 

onlyfoolsandparking

Does the letter you received this morning confirm your case is set aside? If yes then it might take a while to update the register in current climate. I believe its the Courts who update the register although I'm not 100% on that.  

lethal_2

Yes and to quote, it says:
Judgement set aside and any warrant or other enforcement discharged, providing the Defendant by 4.00 pm on 7.4.2020 files full Defence with the Court and Serves a copy on the Claimant 

Question - does that mean this set aside is subject to my defence or would the set aside happen automatically (in normal circumstances)? And what is the process of updating the public records on this?

onlyfoolsandparking

It looks like your 'pending' in the system as you did say you submitted your defence on or before 7th April and no your set aside is not subject to your defence, it is a separate issue, you have been granted the set aside and so your case has been sort of reset to the beginning of the claimant commencing proceedings against you. Now you can go through the Court system and defend properly which you are already doing. You could email the Court with your case number and ask them for an update, they are currently doing telephone hearings but are also adjourning which IMO is better option as you would want to get in front of the Judge and properly state your case. 

lethal_2

Thanks for your response - super useful!
So when you mean pending - what do the courts need to do in order to remove the ccj against my name?

onlyfoolsandparking

The Courts need to update the register with the words 'Set aside' and I'm sure they will do that in their own good time but what that timescale will be is anyone's guess with current climate, just concentrate on honing your defence and making sure you follow all the procedures correctly and in a timely manner, at the end of it all you should (hopefully) have all trace of the CCJ removed. 

lethal_2

Sadly not the answer as I was looking for as I am confident regarding my defence but just need to CCJ urgently removed against my name. 

lethal_2

Annoyingly I chased the courts today to see if they could provide an update and they responded below:

The Defendant need to file a defence and serve on other party by 7th before judgment can be removed from the register.

Surely its not on the condition that I needed to file a defence to the claim right? Regardless, I have filed a defence but annoying its dragging out. 

onlyfoolsandparking

You did file a defence AND serve on the Claimant I assume? and its good your confident with your defence. You had the opportunity to defend this when you received the Claim but that didn't happen for whatever reason so the Claimant was granted a default judgement, it happens your not the first that this has happened to and you certainly wont be the last. You may feel like this is dragging on a bit BUT you have no other choices at the moment, better for this to drag on a little that have your credit file ruined for 6 years, think about it! 

lethal_2

Yeah I did and I also did it by email/post to both courts/claimant so no issues on that too.


I am frustrated because surely the court have agreed to set aside and therefore that should trigger the removal or would you say the wording of the order is line on what the court is saying -
Judgement set aside and any warrant or other enforcement discharged, providing the Defendant by 4.00 pm on 7.4.2020 files full Defence with the Court and Serves a copy on the Claimant 

onlyfoolsandparking

That's good you have sent your defence (especially to the Claimant too) as complying with the Court is all you should be concentrating on atm. Not sure as to whether the set aside should? or indeed does trigger the removal, a part of me is thinking as the case is not yet concluded and the judgement has already been granted it might possibly stay on record that way. As I said I think? it might update showing 'set aside' not 100% on that BUT the good news is you are pro actively dealing with it and as frustrating as that is hopefully you will get this CCJ removed at some stage.