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How to set aside a CCJ?

14 replies 339 views
Hi forum,
This is a plea for help!
 I have a CCJ from July last year which I need to set aside somehow. A little bit of background - I am a sole trader who took a deposit for a job last year,was delayed in starting the job and was unable to repay the amount in good time. The claimant took me to court and I used the online .gov site to communicate the mitigating circumstances surrounding the debt. Although regularly checking this site for updates, I recieved a CCJ without any notice. I applied for some repayment terms, had a hearing with the claimant & judge and although the terms were dismissed, I was able to talk to the claimant after the hearing who kindly gave me a chance to pay within a set deadline. I was able to do this and repay the full amount and the claimant withdrew the enforcement.However, I still have the CCJ and its  causing havoc with my credit file and has scuppered my chances of getting a Bounce Bank Loan to try and save my business during this current pandemic. Does anyone know how I can remove this CCJ? 
Thanks in advance..M
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Replies

  • zx81zx81 Forumite
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    Now it's paid, you won't be able to dispute it.  You could only have it removed if you paid within a month.
  • mukach72mukach72 Forumite
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    No chance at all then?
  • edited 24 May at 2:25PM
    MinuteNoodlesMinuteNoodles Forumite
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    edited 24 May at 2:25PM
    That particular train departed the station 28 days after the judgement was issued. Reading through your post you've no reason for it to be set aside. It was issued for a valid and correct reason and you didn't repay it within 28 days. Having an out of court agreement with the claimant doesn't remove the 28 day deadline, it just means they won't escalate it to an enforcement action and send the bailiffs in if you honour your side. You say you didn't get any notice of it but the court would've posted a hard copy of a notice of a hearing, it isn't just all done online.
    Have you actually tried to apply for a bounce back loan or are you assuming you won't get one? The government is backing 100% of the loans so will compensate a lender if a borrower defaults and so the lenders are being far more lenient.
  • mukach72mukach72 Forumite
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    I bank with Barclays and have done for 9 years. To get a bounce back loan they told me I had to upgrade to a business account and the application failed because of the CCJ. I have a new business account with another accredited BBL lender (Tide) but am on their shortlist.
     In relation to the CCJ, I never recieved a hard copy. The initial terms the Claimant wanted were unaffordable to me, I offered terms I could afford and the web site acknowledged my alternate proposition and said the court would contact me, via the online .gov portal which they didnt. I thought this maybe give me scope to have it set aside? Looks like I was wrong!
  • fatbellyfatbelly Forumite
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    Your defence succeeded to the extent that it got the claim to a hearing. Unfortunately for you the judge awarded the judgement to the other side. You then paid the judgement.You should check that it is now listed as a settled judgement. But that's as much as you can do.
  • nic_cnic_c Forumite
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    Once you respond to the claim form it is your responsibility to keep in correspondence with the court. Was the hearing before or after the CCJ? If before it sounds like you got a hearing but your defence was getting an arrangement to pay, which isn't a defence and so will have been struck out.
  • edited 26 May at 12:26PM
    MEM62MEM62 Forumite
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    edited 26 May at 12:26PM
    The other issue with the Government supported loans, and this is often misunderstood, is that the business still needs to be viable.  The Government may be providing some guarantees to encourage banks to lend but your business still needs to be strong enough to qualify for the loan and service the repayments.  Money is not being given away.  That being the case, if your cash-flow was that precarious that you could not refund your customer (ie You spent spent it without commencing any work) then you may not be able to secure a bounce back loan in any case.      
  • mukach72mukach72 Forumite
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    The hearing was in August 2019, the CCJ was ordered in June 2019. On my credit file it says 'settled judgement' but obviously the CCJ is still present there and thats what is screwing everything up for me!
  • mukach72 said:
    The hearing was in August 2019, the CCJ was ordered in June 2019. On my credit file it says 'settled judgement' but obviously the CCJ is still present there and thats what is screwing everything up for me!
    What is screwing "everything" up is that you didn't pay your debts, the CCJ and any impact from that are just the fallout from that initial choice.
  • mukach72mukach72 Forumite
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    Not paying the debt was not a choice! Dont judge when you dont know the facts!!
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