CCJ - change of address / set aside?

holidayinn

Hi all,

I’ve been reading CCJ and set aside threads but thought if I could direct advice whilst I continue to research, this would be best.

Yesterday, was looking into re-mortgaging, applied for an Agreement in Principle which was declined. So I decided to check credit scores and turns out my wife has a CCJ under her name from 2017. We called the courts, who directed us to solicitors. We queried with solicitors who advised it’s in relation to a parking fine. We moved out from this address in Jun 2017 and letters related to this parking fine were sent to the old address. I did update DVLA with new address details soon after we moved but I’m not sure exactly when.

I’m here to ask, what are our options?

I would like to get this CCJ taken off her credit file, what’s the best method to do this? I’ve been told to sign up to e.g. Equifax and use the dispute process? From the above info is there any likelihood we can have the CCJ set aside?

I’m also thinking, it’s been nearly 5 years this CCJ has been on her file, we could pay the charge and Sep 2023, it will be removed. However, I’m not sure how it will impact our present re-mortgaging situation? We could continue with our lender on the svr rate when our fixed deal comes to an end (June) as a worst case scenario, but that might be difficult to keep up with if it means sticking with it till 2023.

Any assistance is really appreciated, thank you.

[Deleted User]

You won't be able to dispute it via the CRAs. 

 You'd need to try for a set aside, though you'd need to know that you'd definitely updated your address before they accessed DVLA records.

I would settle it, as you'll need to anyway. A 5 year old settled default won't be insurmountable, but an unsettled one will send all the wrong signals.

Sncjw

Very unlikely you can get this off your file until the 6 year period. 

[Deleted User]

Go to the Parking Tickets sub forum, post there, they can give you great advice on sorting this - don't accept it lying down!

holidayinn

Thanks all, exploring the set aside with consent option - have posted on the parking forum for advice.

SusieT

You may find that you can do a product switch with your current mortgage provider, that only needs you to click a button on the website and if you have paid everything on time its normally just a case of click, receive paperwork, sign and its done. Then when that fix ends the ccj will be off the credit history.