Ccj removal

PixelPound

Carlos1731 said:

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 

Google them, I'm sure contact details will come up. If you genuinely feel you didn't have chance to pay before the CCJ, you could raise a to complaint with them before looking at set aside, do a dsar, find out where all letters sent, etc. You could have a case for set aside (they have been given with the proviso any balance is paid otherwise the claimant can ask for the CCJ again), their solicitors may even say they won't object.

However on the converse, if you owe it and it's just £450, then pay it, rather than wasting a lot more money on protecting some "credit rating". Unless you are going to get a mortgage in the next couple of years, then it probably does not make much financial sense to pursue it further. If you only "get credit as a last resort" and rather save, then your credit file may be thin anyway. You could look at threads on here about building good credit (e.g. getting a card and paying balance in full).

As time goes on the satisfied CCJ will have less an impact, especially if that's your only black mark. You can always plan future finances with the idea it goes off in 4 years.

blackdog2220

you admit you owe the money 

you state paperwork for the court claim was sent to wrong address 

you ask the company for a "with concent" setaside 

this entails you paying the company the £450 you owe them ,and the court £100

the result is that the company get paid (which at present would cost them money to chase/collect) , and your ccj disapears 

do not go paying them , THEN asking for with concent , do it as one with paperwork to know where you stand 

AbundantBudget

nic_c said:

Carlos1731 said:

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 

Google them, I'm sure contact details will come up. If you genuinely feel you didn't have chance to pay before the CCJ, you could raise a to complaint with them before looking at set aside, do a dsar, find out where all letters sent, etc. You could have a case for set aside (they have been given with the proviso any balance is paid otherwise the claimant can ask for the CCJ again), their solicitors may even say they won't object.

However on the converse, if you owe it and it's just £450, then pay it, rather than wasting a lot more money on protecting some "credit rating". Unless you are going to get a mortgage in the next couple of years, then it probably does not make much financial sense to pursue it further. If you only "get credit as a last resort" and rather save, then your credit file may be thin anyway. You could look at threads on here about building good credit (e.g. getting a card and paying balance in full).

As time goes on the satisfied CCJ will have less an impact, especially if that's your only black mark. You can always plan future finances with the idea it goes off in 4 years.

It's not for protecting some 'credit rating' only. You can't apply for or keep certain jobs if you have CCJ.

PixelPound

AbundantBudget said:

It's not for protecting some 'credit rating' only. You can't apply for or keep certain jobs if you have CCJ.

True, but the CCJ was issued 2 years ago, and the OP states found out when checking credit. If job was dependant on it, it would have been picked up by now.

AbundantBudget

nic_c said:

AbundantBudget said:

It's not for protecting some 'credit rating' only. You can't apply for or keep certain jobs if you have CCJ.

True, but the CCJ was issued 2 years ago, and the OP states found out when checking credit. If job was dependant on it, it would have been picked up by now.

Not necessarily. Why would current job check if a person works there for years? But if they decide to change current job/will be made redundant and apply for a new job then the checks will be performed and failed.

[Deleted User]

AbundantBudget said:

nic_c said:

AbundantBudget said:

It's not for protecting some 'credit rating' only. You can't apply for or keep certain jobs if you have CCJ.

True, but the CCJ was issued 2 years ago, and the OP states found out when checking credit. If job was dependant on it, it would have been picked up by now.

Not necessarily. Why would current job check if a person works there for years? But if they decide to change current job/will be made redundant and apply for a new job then the checks will be performed and failed.

New contract the company has picked up? I worked for a firm for around 4 years and they won the support agreement for something government related, I can't remember which section but all of us who would deal with the equipment had to go through the SC check process, we had never had any requirement to pass any security checks prior to that so something like a CCJ or bankruptcy would suddenly have been important

[Deleted User]

nic_c said:

Deleted_User said:

Carlos1731 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. 

Even if I'm wrong about the 30 days which I'm not arguing as I don't know, if a CCJ is set aside, you are put back in the position as if the CCJ never happened, it's removed from your record, period. Yes, if it was a spurious application the court can rule that the set aside is invalid but something like the details going to an old address, particularly if the firm didn't attempt to get the correct address (say the OP did update their records with the DVLA if it was a parking ticket, as an example). At that point the OP can settle the debt or dispute it, providing evidence that they couldn't the first time (due to not knowing about the case, for example)

https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx

Carlos1731

Hi, quick update. 

I wrote to Moriarty Law and told them I wasn't aware of the 2018 ccj until January of this year. I asked if they would agree to a 'consent to set aside'  and then I would pay in full.

They have replied saying no but would agree in writing to set aside if I pay in full first. 
That doesn't sound right to me, surely it would just stay on my file but change to satisfied rather than been completely set aside. 

Thanks in advance for some great advice 

sourcrates

I would not trust Moriarty Law to keep their word, they do not have a brilliant track record for being very customer friendly.

You can get the judgement set aside after full payment (subject to meeting the criteria for doing so) however I would be very wary about spending another £255.00 based on a promise from a company whose reputation is not the best in the industry.

mjb-is

Carlos1731 said:

Hi, quick update. 

I wrote to Moriarty Law and told them I wasn't aware of the 2018 ccj until January of this year. I asked if they would agree to a 'consent to set aside'  and then I would pay in full.

They have replied saying no but would agree in writing to set aside if I pay in full first. 
That doesn't sound right to me, surely it would just stay on my file but change to satisfied rather than been completely set aside. 

Thanks in advance for some great advice 

It makes sense from their point of view. What if they agree to set aside, removing the CCJ from your file, and then you don't pay? From their point of view there is a risk, for a relatively small debt, and they have a valid CCJ from a debt you accept you owe ( especially now you sent that request ;-) )

As the benefit of setting aside would be completely in your favour, I would be inclined to bite the bullet, get your letter of intent from them and pay the debt and go down the set aside route.

The wosrt that can happen for you is that the CCJ ends up marked as 'Satisfied'. The best case is you get it removed and a clean credit file.