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Ccj removal

22 replies 546 views
Hi, has anyone had success with having a CCJ removed. 
I only discovered it when checking my credit rating and it was issued 2 years ago!
I'm tempted to get a solicitor to sort it out as the process is a bit daunting. 
Any recommendations for which solicitor to use please?

P. S the debt is for £450
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Replies

  • zx81zx81 Forumite
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    Some people. Not many.

    But before you start throwing money away, you need to figure out why it shouldn't be there.

    And definitely don't use a solicitor.
  • FarfetchFarfetch Forumite
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    You can pay for a set aside at the court yes but you'd need a good reason (like documentation going to wrong address) and you have to pay for it (think it's £225 or £255). You can then argue your case and if necessary, pay the debt and CCJ will be gone. No free way to do it assuming the debt is valid
  • AbundantBudgetAbundantBudget Forumite
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    I did. The court papers were sent to wrong address and debt collector didn't have a proper credit agreement. For CCJ to be sucessfully removed you need valid reason why you didn't answer to court paperwork and to have a good defence. No solicitor needed. A lot of information is on Legalbeagle web-site: examples of paperwork and knowledgeable people to answer your questions. Also on Motoring penalties, fines section of this forum there are very helpful people and the set aside/court hearing process explained in details. Even if you have CCJ for debt it's helpful to read that section, too.
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  • Carlos1731Carlos1731 Forumite
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    Thanks for the advice. 
    The debt is legitimate and I'm happy to pay it but the ccj is killing my cr. 
    I have not received any paperwork, I had an email in 2017 from SSL capital saying my debt had been passed to Moriarty law and that's all I've had. 
  • zx81zx81 Forumite
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    Just get it settled. That's the best thing for your credit reports.
  • FarfetchFarfetch Forumite
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    Thanks for the advice. 
    The debt is legitimate and I'm happy to pay it but the ccj is killing my cr. 
    I have not received any paperwork, I had an email in 2017 from SSL capital saying my debt had been passed to Moriarty law and that's all I've had. 
    Paying the CCJ will leave it on your file
    If you have a legitimate reason why you didn't pay then you can pay for a set aside and argue the case and even if you lose, if you pay the debt within 30 days, you don't have the CCJ. It's your money to spend - either set aside fee + debt or debt and leave CCJ there. CCJ will disappear 6 years after it was put on your file so up to you if you want to wait 4 years or not and if you want finance for something, go to a bad credit broker for the moment if it's desperately urgent.
  • NotnewnotoldNotnewnotold Forumite
    116 posts
    Fifth Anniversary 100 Posts Combo Breaker
    is this is a Farfetch said:
    Thanks for the advice. 
    The debt is legitimate and I'm happy to pay it but the ccj is killing my cr. 
    I have not received any paperwork, I had an email in 2017 from SSL capital saying my debt had been passed to Moriarty law and that's all I've had. 
    Paying the CCJ will leave it on your file
    If you have a legitimate reason why you didn't pay then you can pay for a set aside and argue the case and even if you lose, if you pay the debt within 30 days, you don't have the CCJ. It's your money to spend - either set aside fee + debt or debt and leave CCJ there. CCJ will disappear 6 years after it was put on your file so up to you if you want to wait 4 years or not and if you want finance for something, go to a bad credit broker for the moment if it's desperately urgent.
    I think the key point here is that the OP states that it was a legitimate debt. In which case, even if the court papers were incorrectly served, a set aside application is likely to fail because there has to be a prima facie defence to the underlying claim. It's possible though that a set aside 'with consent' could be arranged with the creditor if willing to pay the full debt and costs.

    All that said, if this 'debt' in any way relates to a private parking charge, the OP should head over to the parking forum ASAP for better advice, as these charges are very rarely 'legitimate' and a set aside could still be possible. But it needs action quickly - a judge will expect you to act on this as soon as you find about the CCJ
  • nic_cnic_c Forumite
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    Farfetch said:
    Thanks for the advice. 
    The debt is legitimate and I'm happy to pay it but the ccj is killing my cr. 
    I have not received any paperwork, I had an email in 2017 from SSL capital saying my debt had been passed to Moriarty law and that's all I've had. 
    Paying the CCJ will leave it on your file
    If you have a legitimate reason why you didn't pay then you can pay for a set aside and argue the case and even if you lose, if you pay the debt within 30 days, you don't have the CCJ. It's your money to spend - either set aside fee + debt or debt and leave CCJ there. CCJ will disappear 6 years after it was put on your file so up to you if you want to wait 4 years or not and if you want finance for something, go to a bad credit broker for the moment if it's desperately urgent.

    If you lose then, you don't magically get 30 days to pay it off. The CCJ is 2 years old and will be on the credit file for a further 4 unless set aside. If you lose then not only are you down the application fee, the other side can ask for costs and so you could end up with more to pay.

    Often a set aside hearing, if successful, may result in another hearing (as the set aside takes it back to claim stage). So lets say you apply for set aside on the grounds you never received documentation and the Claim Form was sent to an address you didn't live at. The Court may set aside on the proviso you submit a defence. If you lose the subsequent hearing, then the Judge may do an new CCJ (in which the 30 days applies to pay off), but they may also simply reinstate the old CCJ (so paying within 30 days only satisfies it) if they believe you never had a valid defence.

    So you need a valid reason for the set aside (often never had a chance to submit a defence) but then also actually have defence of why you are not liable. 
  • Carlos1731Carlos1731 Forumite
    8 posts
    Third Anniversary First Post
    Thanks everyone. Sounds like it's best just to pay it so its satisfied and live with it on my file for the remaining 4 years. Thankfully I grew up and I'm now stable with my finances so I would only try to get credit if it was a last resort. I d rather save and pay for things as I go. 
    One final question, do I contact moriarty law to pay the balance or do I contact the court?

    Thanks again 
  • sourcratessourcrates Forumite, Board Guide
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    Thanks everyone. Sounds like it's best just to pay it so its satisfied and live with it on my file for the remaining 4 years. Thankfully I grew up and I'm now stable with my finances so I would only try to get credit if it was a last resort. I d rather save and pay for things as I go. 
    One final question, do I contact moriarty law to pay the balance or do I contact the court?

    Thanks again 
    It’s nothing to do with the court, they only pass judgement, they don’t take payment.

    You need to contact the creditor, or there agent to settle this.
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