CCJ help please

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Hi everyone, 

So my partner and I are looking into mortgages, but my credit file is awful unfortunately.
I have just gone through it and there are 3 defaulted accounts and 2 CCJ's. I'm certain one of the CCJ's relates to one of the defaulted accounts, but the date it is due to drop off is different - 2 years apart?

The 3 defaults are with Lowell - I want to pay them, well part of them, and I'd like them to then mark my credit file as settled - is this something they will do? I was thinking like 50% - is this something they will accept and mark as settled or will they mark as partially settled? Also, I don't want to contact them to make the offer, if they refuse and then the 6 year clock starts again...if that's how it works...

As for the CCJ's - can I make offers against these? But saying that, I don't want to pay one debt twice...(the default and the CCJ?)

If anyone has any advise, I would really appreciate it. 
Thank you...
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Comments

  • EssexHebridean
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    Once a debt has a default date on your file that IS the date - they can't subsequently change that, or indeed issue another, later, default date. You're thinking of the Limitation period after which most debts become unenforceable - that is indeed 6 years in England.  When are the items currently showing in your history due to drop off?

    I'll leave further advice to those with more knowledge as outside the basics this isn't really my area.
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  • kirsty2021
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    Ah thank you :)
    Well there is one CCJ that's showing with the same details as a default - it's the same debt as I've checked this afternoon. The default end date is Feb 2023, and the CCJ end date is Oct 2025 - which I don't understand?

    I was going to try and settle the default (50% and minus fees), but I don't want to end up paying the same debt twice? If you know what I mean?

    Thank you for taking the time to reply.
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    edited 23 September 2021 at 7:13PM
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    The judgements will be associated with your debts, but it will not tell you which is which on your credit report.

    The debt will have defaulted on a particular date, you would then have had letters/calls etc, then the creditor eventually started legal action, and the process went ahead, and the judgement will have been granted on another specific date, all perfectly normal.

    The two dates are always going to be different, as they are separate events entirely.

    You pay the debt associated with the judgement, the CCJ entry will stay for 6 years, as will the default, regardless of what you do.

    Lowell may be open to a settlement deal, write and ask them.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,504 Forumite
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    If you can't work out what a ccj is for, email the court concerned, quote the reference number and ask for the 'particulars of claim'
  • kirsty2021
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    The judgements will be associated with your debts, but it will not tell you which is which on your credit report.

    The debt will have defaulted on a particular date, you would then have had letters/calls etc, then the creditor eventually started legal action, and the process went ahead, and the judgement will have been granted on another specific date, all perfectly normal.

    The two dates are always going to be different, as they are separate events entirely.

    You pay the debt associated with the judgement, the CCJ entry will stay for 6 years, as will the default, regardless of what you do.

    Lowell may be open to a settlement deal, write and ask them.


    Thanks - yeah I know they're different events, just confused about the differing dates. I guess because they are the same debt, I figured all dates would correspond.

    Well we are trying to get a mortgage and hitting a brick wall because of these CCJ's, so I wanted to make some payments. 
    Are CCJ's normally open for negotiation? 
    If I offer Lowell 50% on the default, will this automatically update the CCJ? I don't want to pay the same debt twice that's all...I try to avoid Lowell, I'm not a fan of their tactics or threatening letters they have been known to send. 
    Looks like I'm gonna have to speak to them tomorrow.
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    Its 50/50 if they will negotiate on a judgement debt or not, all you can do is try.

    If a deal is accepted, the judgement will be marked as a partial settlement, only full repayment will see it marked as satisfied.

    It should not be impossible to obtain a mortgage, you should really consult a broker that deals with bad credit, the interest will be higher, but that is the price you pay.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • kirsty2021
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    Yes, we've spoken to a broker already. My partner earns almost 60k, so affordability isn't a problem, but the fact we have this problem on my credit file is holding us back. We've already been told that we will have to pay higher interest for a couple of years, which is fine, and after 2 years, most of the problems on my file will be gone.

    Do I need to contact them about the CCJ or can I contact them about the default, and settle that one? Which in turn would update the CCJ or doesn't it work like that?

    Also, would they remove fees? In 2 years, I haven't had any letters or bailiff visits, so I don't know what these fees were for?

    Thanks
  • sammyjammy
    sammyjammy Posts: 7,389 Forumite
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    Yes, we've spoken to a broker already. My partner earns almost 60k, so affordability isn't a problem, but the fact we have this problem on my credit file is holding us back. We've already been told that we will have to pay higher interest for a couple of years, which is fine, and after 2 years, most of the problems on my file will be gone.

    Do I need to contact them about the CCJ or can I contact them about the default, and settle that one? Which in turn would update the CCJ or doesn't it work like that?

    Also, would they remove fees? In 2 years, I haven't had any letters or bailiff visits, so I don't know what these fees were for?

    Thanks
    The CCJ will stay on your record for 4 years not 2 based on the info you provided.  The default date and the CCJ date are different as they are different events for the same date, they can't get a  CCJ without defaulting you first.  The CCJ includes the fees etc and that now forms part of the overall debt.  IMO its very unlikely they'll accept partial settlement when they have a judgement but as has been said its worth a try.

    If you contact them about the debt refer to the CCJ, the default date is not really relevant apart from the impact on your creditworthiness.  The fees relate to the court fees to get the CCJ.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • kirsty2021
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    Yes, well it's 6 years isn't it, I meant as far as the mortgage lenders go, after 2 years they seem to not worry so much about the CCJ (the adverse lenders I mean).
    I don't remember getting any letters or anything from them about a CCJ, bit nevermind, the damage is done now, I just need to try and fix it somehow.

    I have emailed them this morning from an account I don't use, and asked if they would remove the fees and then I pay 40%. I'm fully expecting a no, but we will see what they come back with.

  • y3sitsm3
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    Yes, well it's 6 years isn't it, I meant as far as the mortgage lenders go, after 2 years they seem to not worry so much about the CCJ (the adverse lenders I mean).
    I don't remember getting any letters or anything from them about a CCJ, bit nevermind, the damage is done now, I just need to try and fix it somehow.

    I have emailed them this morning from an account I don't use, and asked if they would remove the fees and then I pay 40%. I'm fully expecting a no, but we will see what they come back with.

    With all due respect are you realistically in a position to buy a house right now?

    The debts are quite small and by your own admission in another thread, you're not in a position to pay them off in full.  That screams of an affordability issue.
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