CCJ in individual name and not company

midamgolf

Hi all, I was a director of a Limited company and a CCJ was issued for an unpaid invoice against me and not the company. What are my options? It was about 4/5 years ago and the CCJ is on my credit file as unsettled but the court and claimant are not pursuing. Can I request that it is removed from me and placed against the company - the Limited company is now dissolved however.

MEM62

If it was that long ago then it will not be long before it drops off your record, so perhaps the impact of it being there is not so great.  I assume that you did not defend the case at the time?  That would have been your opportunity to state that the summons had been issued incorrectly.  

sourcrates

As above, the CCJ entry will drop off your file on the sixth anniversary of the judgement, paid or not.

You can`t request anything where a CCJ is concerned, you can however apply for a set aside motion, but there are certain criteria to be met, and a £256 fee to pay, and you are supposed to apply promptly, not let it drag on for 5 years, so all in all I'd just wait it out if I were you.

Grumpy_chap

midamgolf said:

Hi all, I was a director of a Limited company and a CCJ was issued for an unpaid invoice against me and not the company. What are my options? It was about 4/5 years ago and the CCJ is on my credit file as unsettled but the court and claimant are not pursuing. Can I request that it is removed from me and placed against the company - the Limited company is now dissolved however.

Was the original liability linked to a personal / Director's guarantee? 
Is that why it appears against your personal name?
If so, it seems correct and can't simply be passed back to the Ltd Co.

[Deleted User]

4-5 years is still within the allowance for them to start enforcement if they choose to, be watchful for this 

Thrugelmir

Why didn't you defend the CCJ at the time if there was no personal liability involved?  Is the claimant still trading? 

midamgolf

Tried to settle it but was unable to at the time and it simply got forgotten about unfortunately. I need to either settle it or move it due to mortgage application next year. Claimant is still trading. Was issued against me in error as claimant thought I was a sole trader and not a Limited company. Claim issued early 2018 so wont drop off until 2024.

Thrugelmir

midamgolf said:

Tried to settle it but was unable to at the time and it simply got forgotten about unfortunately. I need to either settle it or move it due to mortgage application next year. Claimant is still trading. Was issued against me in error as claimant thought I was a sole trader and not a Limited company. Claim issued early 2018 so wont drop off until 2024.

Apply to the courts for the CCJ to be set aside then. Though one suspects there's more to the tale.