Set Aside a Satisfied CCJ

DesertR0se

Hi everyone,

My partner and I am looking to buy a house this year and have recently discovered a CCJ on my record that I was unaware of.

The CCJ was issued because of university fees. I had student finance for my fees but dropped out of university in my 2nd year, early 2018. This was due to my family situation and poor mental health which I won't go into. I received little to no information regarding the process of dropping out, and did not realise that the fees would not continue to be paid by student finance, but instead I would need to pay upfront. I moved out of my student house a few months after dropping out (June/July) and I did not update my address with the university as I wasn't attending any more.

The CCJ was issued in November 2018, but letters were sent to my previous address, I was only made aware that I even owed any money when the bill came through a debt collectors agency in Feb 2019 who were able to reach me at my new address. I didn't know a CCJ had been issued, only that I owed some money, I was very confused but I spoke to the university to confirm and paid the whole fee upfront (including additional late fees from the debt collector agency) which came to about £1,700.

As I mentioned, I have only recently found out that a CCJ was issued for those fees after being unable to obtain credit last month, I spoke to the court and they marked the CCJ as satisfied on my credit report as I paid 2 years ago. Despite being satisfied, the CCJ is still making it really difficult for me to get credit. 

I am going to attempt to have the CCJ set aside and I am looking for advice and to see if you think I have a good case? I am not disputing that I owed the money, the fees have all been paid and I am not wanting to claim it back or anything like that. I was just unaware I owed the money and the letters were sent to the wrong address meaning I had no opportunity to pay within the 1 month after the CCJ was issued.

This is very stressful and I am pretty shocked about the whole thing, any advice will be really appreciated.

cymruchris

If you've paid it - and it's settled - you can't set it aside. Set asides are for before payment. It'll be on your files as 'settled' for 6 years from the date of judgement.  If you're looking to buy a house - speak to a specialist broker for advice.

DesertR0se

@cymruchris
Thanks for your reply. I am confused by this as the court themselves told me I could appeal for it to be set aside when I called them asking for it to be marked as satisfied. They sent me the form and told me about the fee and said to attached proof of address as evidence.

PixelPound

You can apply for set aside if settled but it's very specific. You need to explain why it should be set aside, why you paid and how long after paying you would be applying.

Some people can't have unsatisfied CCJ's and pay and appeal straight away as otherwise a set aside could take months and it showing as outstanding might adversely affect them.

DesertR0se

@nic_c
Thanks for replying, in my case the initial letters were sent to the wrong address and I was only made aware of the money owed when a letter came to my correct address (3 months after the CCJ was issued) from a debt collector, which did not mention the CCJ. I paid immediately and now, 2 years later, have found out a CCJ was issued.
So my appeal is based on the letters being sent to a wrong address and me being unaware the CCJ was on my record. I paid 2 years ago when I found out the money was owed.

richardadc

Couldn't it be easier to see if the creditor will agree for the CCJ to be removed via a consent form instead.  It'll be cheaper and as it seems to be an honest mistake so they may be willing to agree.

PixelPound

richardadc said:

Couldn't it be easier to see if the creditor will agree for the CCJ to be removed via a consent form instead.  It'll be cheaper and as it seems to be an honest mistake so they may be willing to agree.

I guess if a complaint was raised on the basis that the CCJ was not mentioned in letters, but simply asking for the CCJ to be removed by consent usually doesn't work as it's effort for no reward for the debt collector.  

DesertR0se

@richardadc
I didn't know that this was an option. I have already sent the appeal to the court, is it worth also getting in touch with the creditor requesting consent for it to be removed? Or is it too late now?
Would the creditor be the University or the debt collector?

macman

DesertR0se said:

@nic_c
Thanks for replying, in my case the initial letters were sent to the wrong address and I was only made aware of the money owed when a letter came to my correct address (3 months after the CCJ was issued) from a debt collector, which did not mention the CCJ. I paid immediately and now, 2 years later, have found out a CCJ was issued.
So my appeal is based on the letters being sent to a wrong address and me being unaware the CCJ was on my record. I paid 2 years ago when I found out the money was owed.

They weren't sent to the 'wrong' address. They were sent to the last registered address that your creditor had for you, which is all that is legally required for it to be considered as properly served. It's not up to them to track you down, it's up to you to update their records if you move. And being 'unaware' of the CCJ is no defence either.
You are just wasting your time and money appealing it as neither of your defences are valid grounds for a set-aside.

DesertR0se

@macman
Thanks for replying. I understand your points however I have seen other posts on this forum and others where CCJs were set aside due to letters being sent to previous addresses. 
It may end up being a waste of time and money but for me I have to at least try. It is my only option it seems.

cymruchris

DesertR0se said:

@macman
Thanks for replying. I understand your points however I have seen other posts on this forum and others where CCJs were set aside due to letters being sent to previous addresses. 
It may end up being a waste of time and money but for me I have to at least try. It is my only option it seems.

Mine was set aside as it was sent to a previous address, but I could prove to the judge I was operating Royal Mail redirection, and they spelled my name wrong, so it wasn't redirected, and the judge found in my favour as I'd taken reasonable steps to ensure any important paperwork had a good chance of reaching me should a creditor not have my new address.

If you can't prove a valid reason for a set aside - you'll be throwing your £255 down the drain. As your debt was paid - you could approach whoever you paid outlining your timeline of events, and to see whether they'd work with you to set aside by consent. It's not guaranteed the judge would allow the set aside, even if your creditor agreed to it, but that would seem the best way forward. There's another forum called legal beagles which might be able to offer more of an insight to your specific issue.

https://legalbeagles.info/

I'm not even sure you can ask for a fully paid judgement to be set aside anyway.