Default and CCJ Removal - Consent Order/Tomlin Order = Help!!!

ImLCB

Hi All,
Just wonder if anyone can help or is it a loss cause.
I've recently checked my Credit Report and Noticed i have 2 defaults (Attached) and 1 CCJ (Attached) all via the beautiful Lowell.
1st Default 2016 was from Shop Direct (LittleWoods) and moved on to a CCJ 2018.
2nd Default 2017 - Vanquis - No CCJ.
Long story short, i moved out of my parents due to having an argument/fight with my step dad (Mans Ego) in 2016 and was staying at a friends for a year before moving in with my partner in 2017 having no contact with my mum and stepdad to this day
is there any way i could do a consent order willing to pay both to get them removed as i've never received any information or court letters regarding this or do i have to take this to court to be set aside?
I've also attached my SARS from Lowell with regards to all the above.
Thanks,
(Attachment removed by Forum Team)

finalfantasist

Well if you moved out of the address and had no contact with anyone living at the address or had your mail forwarded you wouldn't have received any information about it, would you?  It's not a creditors responsibility to hunt you down just to issue court proceedings otherwise people who owed money would just vanish off the face of the earth for a few years to dodge their debts.

You could ask the creditors for a consent order but at the very least you'll have to have the money to pay off the debts in full and there is still a possibility that a consent order would not be granted by the judge.  A set aside would be a waste of time, there are no grounds to have it set aside..

Also, there's a fair chunk of personal information not redacted in that SAR. You might want to redact it.

Fighter1986

In order to have a CCJ set aside you need to be able to qualify on both of the following points.

1. You can prove that you weren't able to receive the documents issued to you by the court as you didn't reside at the address at the time they were issued (providing proof of residing at another address at that time)
2. You have a case to argue e.g. you have sufficient evidence to prove that you weren't liable for the alleged debt that the claimant were pursuing

As these are legitimate debts, you don't have cause for a set aside.

The best you can acheive in your present circumstances is to clear the debts, settle them, and ask that the courts be notified that your debts are now satisfied. A record of the fact these debts defaulted / went to court will remain on your credit file for six years from the date they were entered. 

ImLCB

Thanks for the replies, but do i have to satisfy the CCJ and defaults as they are removed after 6 years regardless of payment?
If satisfied does it even increase the credit report?
Thanks once again. 

finalfantasist

ImLCB said:

Thanks for the replies, but do i have to satisfy the CCJ and defaults as they are removed after 6 years regardless of payment?
If satisfied does it even increase the credit report?
Thanks once again. 

The CCJ doesn't go away after 6 years, it will be removed from your credit file but it is still legally owed.  Enforcement may prove more difficult after the 6 years is up but it is still possible and might come back at the worst possible time.  Similarly, that default might end up getting turned into a CCJ, there's still a good year or two where that could happen.

These are low value debts, is it really worth chancing it over such a small amount when the risk is that you end up with another 6 years in credit file purgatory?  And that's not even considering the moral obligation to repay your debts.

Fighter1986

If you pay your court judgements and defaults it won't reflect so badly on you in the eyes of anyone who performs a credit search against you.

With respect to "Does it even increase the credit report?" I'm not sure what you mean by this. Do you mean "Credit Score"? Lender's dont see the number you're shown by credit reference agencies, they only see your actual credit file itself and will judge you based on its contents. They will take a dimmer view of unsatisfied defaults and CCJs than satisfied defaults and CCJs.

Let's not forget the very basic fact that you owe this money, a judge has ruled so, so if you can afford it, you're contractually obliged to pay it.

Not quite sure what you mean by "Do I have to satisfy the CCJ and defaults?"

Your choices are yours to make and the consequences are yours to take responsibility for. 

ImLCB

Thank you for your help, paying both debts is not a problem i was just looking to see if there was anyway of removing the debts as i haven't had a chance to defend myself in court with regards to the CCJ and this would have been paid of first instance if i was aware of the CCJ and defaults and me not getting this information due to not living at the address.
Thanks once again.

Fighter1986

ImLCB said:

Thank you for your help, paying both debts is not a problem i was just looking to see if there was anyway of removing the debts as i haven't had a chance to defend myself in court with regards to the CCJ and this would have been paid of first instance if i was aware of the CCJ and defaults and me not getting this information due to not living at the address.
Thanks once again.

You're welcome.

Keep every organistaion you hold any kind of account with appraised of your wherabouts at all times in future and set up a redirection with royal mail any time you move in case there's anyone you forget.

Also set up direct debits for at least the minimum payments each month on any lines of credit you have.

This will ensure a similiar situation won't arise in future

Thrugelmir

ImLCB said:

Thank you for your help, paying both debts is not a problem i was just looking to see if there was anyway of removing the debts as i haven't had a chance to defend myself in court with regards to the CCJ and this would have been paid of first instance if i was aware of the CCJ and defaults and me not getting this information due to not living at the address.

You knew the debts existed. You walked away from them. Wishing to clear your name now it's inconvenient doesn't wash unfortunately. The defaults are a reflection of your attitude. That's the cold light of day business view and why such public information is critical. 

PixelPound

ImLCB said:

Thanks for the replies, but do i have to satisfy the CCJ and defaults as they are removed after 6 years regardless of payment?
If satisfied does it even increase the credit report?
Thanks once again. 

In case you weren't aware lets say you had solid proof you didn't receive letters, paid the £255 for the set aside application, and got a Judge who looked favourably and granted the set aside - the debt does not go away, the case returns to the Claim stage and so Lowell could continue at your new address and you could have a CCJ again if you did not pay and were unable to prove you were not liable for the original debt.