Getting a CCJ set aside

ktcakes

I know this has been covered already as I can see a thread of people saying they’ve been successful but I can’t find the advice! If someone can point me in the right direction I would be very grateful.

The background: I received an email to say there had been a change to my credit report back in February, I signed into clear score and saw a CCJ has been added. I did a google search and found out how to find out more information, and then got the details for the solicitors who have filed the CCJ. I contacted them and found out it was in relation to my Mercedes Benz finance. I was given the balances and paid it in full then and there over the phone. Unfortunately the CCJ date was the 30th December so I had missed the 30 days by a matter of days.
Mercedes were writing to my old address (for reference the charge related to extra mileage on my end of contact and the charge was correct and I have no issue with that). The bit that makes me want to cry is, when I handed the car back to the dealership, I took a new car with me, I told the chap of my new address and telephone number and signed a brand new finance deal with the new details. Mercedes was writing to me at my new address. What I didn’t realised is that on their system although I am one client, they have two separate files for me. The chap in the dealership never updated my address on the other file nor told me that I would need to. After spending 3 hours on the phone to them yesterday to 4 different agents, one told me on my file they had a return to sender letter, but still continued to write to my old address. Rather than for example use my email address they had or use my new address I had (one agent said they could never do this as they couldn’t be sure it was the same person and I said on the file it would show I have the same name, dob, email address, bank details, surely that would be enough security to write to my new address). 

Anyway yesterday I tried to secure a decision in principle for a mortgage and it was declined, I had stupidly thought that when I paid the debt off in February and it was marked as satisfied that was it as I no longer see it on my file, however I’d gotten that wrong. 

I have contacted the Mercedes Benz complaints team Explained what has happened and asked them to write a letter to explain this is as a result of an admin error on their part which I can show to the lender and pass to the credit reference agencies to have the CCJ removed. I’m not sure if this is possible? Mercedes said they will take 14 days to reply and investigate to find out if there was an error (the complaints lady was really rude to me despite the fact I was calm and I have a feeling it will be a compute said no). 

So I’ve now realised that there may be a chance that I can get the CCJ set aside from the court as Mercedes wrote to my old address, and I never saw any letters nor court paperwork.
Do my chances sound good? What can I do to get this sorted ASAP. 

Also to note other than the CCJ I have fantastic credit score and have never had any issues. I have never missed any of my Mercedes finance payments and even with my new car I now pay them £416 a month have have never missed a payment (unfortunately I am stuck with them for another two years because otherwise I’d quite like to take my custom elsewhere over this). The debt amount and fees I had to pay Mortimer Clarke (their solicitors) was £1228.89 (not sure if the amount has relevance, I know it does with my remaining mortgage prospects). As I said I paid this is full the very first day I found out about it. 

Thanks for any help in advance, Katie 

RelievedSheff

It is unlikely to be set aside as it was satisfied outside of the 30 day period. If you can get Mercedes to admit it was their mistake and write to the courts then they may be able to get it removed.

It is possible to get a mortgage with a CCJ but the rates will not be great when compared with high street lenders.

You certainly won't be the first person to find yourself in this situation and it does show the importance of checking your credit files on a regular basis.

D3xt3r5L4b

You gave your new address etc. for the new car deal.
That won’t automatically update anything relating to any previous cars or finance taken out. 

sourcrates

If the dealership admit it was their error, they may agree to a set aside by consent, this costs £100 rather than the full set aside fee of £255.00, and is more or less a rubber stamping excercise by the judge.

You would not be successful with a full set aside application, as you need a reason why you did not respond to court papers, but you also need a defence with a reasonable chance of success, you do not deny you owe the money, so you would not have a defence.

Set aside by consent looks like your best option here.

MinuteNoodles

The finance company need to be informed of the change of address, not the dealership. Never trust anyone but yourself to do the job. Lenders won't send important correspondence in regards to a debt by email as there is no way to prove it was delivered to the address it was sent to.

Thrugelmir

When did you move? Must have been well before December 2019. Did you not put a mail direction notice in place? 

917700

You can set aside by consent and get this CCJ removed from your credit file. However, the claimant might response you slowly as you already paid the amount to them. 

Once the set aside by consent letter is signed by both parties. You can send this to the court along with support evidence. You probably need to wait for 8-12 weeks to receive the order from the court. 

Good luck with moving forward