Ccj help and homeless

Squarepeg72

I've got my credit report last week and there is a ccj from Feb 2023.  I think the debt is a very old mbna credit card.
The last time I spoke to anyone about this debt was 2015.  I've provably paid it 3x over prior to this and gave up, I wasn't in a good place MH wise back then.

The debt is listed at my previous property so I never received any paperwork.  I was nail redirect until June 2023 so should have had something or I would have fought it as its so old.

I'm now homeless and applying for private rents but getting nowhere because of it.  I don't have 7k to pay it off and my credit score is "poor" because of that and I'm apparently not on electoral roll which I checked with council and I am sincerely I've contacted experian about that.

What can I do as its really screwing my life up, I can't get loans, I've got no family and me and my daughter are homeless 

RAS

Two issues

If the court papers went to the old address, you can get the CCJ set aside, although there is a cost.

If this is a very old debt, then was there ever a period when you didn't pay the debt for 6 years? It's not the date the debt started but when it defaulted or you last paid towards it. 

Brie

As for being homeless have you contact the council or Shelter?  They should be able to help.

Squarepeg72

Just a bit of an update.  Its not actually the mbna debt, that was last paid in 2015.  I've paid that debt 3x over anyway!
It's actually a really cr4p solicitor I used in 2017 who promised a deferred payment anyway long story short their incompetence cost me my inheritance so i spoke to a solicitor dealing with it this time last year and after they investigated they said the debt had been cancelled (or I would have sued the original solicitor anyway!)

So the mbna is statue barred anyway, what do I have to do to get rid of that as last payment was probably 2015 and I've emailed the solicitor who put the ccj on and then cancelled the debt and also the court to get the current one removed 

DisabledDan

Squarepeg72 said:

I've got my credit report last week and there is a ccj from Feb 2023.  I think the debt is a very old mbna credit card.
The last time I spoke to anyone about this debt was 2015.  I've provably paid it 3x over prior to this and gave up, I wasn't in a good place MH wise back then.

The debt is listed at my previous property so I never received any paperwork.  I was nail redirect until June 2023 so should have had something or I would have fought it as its so old.

I'm now homeless and applying for private rents but getting nowhere because of it.  I don't have 7k to pay it off and my credit score is "poor" because of that and I'm apparently not on electoral roll which I checked with council and I am sincerely I've contacted experian about that.

What can I do as its really screwing my life up, I can't get loans, I've got no family and me and my daughter are homeless 

Hi there, I am very sorry to hear you are going through this at this difficult time.

If your daughter is under 18 or under 21 but still in continuous full time education then the Council will owe you a housing duty, I have been homeless myself and it really makes you realise the true state of things.  The good news is that the Council owe you a housing duty if you have a child, this has two stages and depending on where you live they try to fob you off at the first stage by copying a template of what is called a "Personal Housing Plan".  This is a serious document and you must comply with the tasks therein, meanwhile they must put you in temporary accommodation if you have a child that is homeless with you.

The Council may have partner Landlords and require you accept the properties in the PRS that they offer, but you can argue they are unsuitable if there are adequate reasons.  For example if they try to get you to sign an AST for a super tiny studio in a converted pub where all the other Tenants are a danger to your child.  For example they are undocumented so can't have their criminal record checked, or have a mental health condition that makes them violent or they have a criminal conviction for child abuse, domestic violence etc. The Shelter website gives you the information you need about the two stages of homelessness and plenty of other information which is a bit of an overload but open each link in a new page and bookmark them to go through later.
 
Removing a CCJ is probably going to require a combination of the original creditor, the Court and perhaps the Registry Trust, if the facts are as you state them.  It usually takes 28 days for a CCJ to be registers so it is strange if the original creditor sought a discontinuance, but it would not be the first time a Court made a mistake.  What you need is evidence in writing that the CCJ was not ordered by the Court.

If the  cr4p solicitor got their Judgement in 2017 it would have fallen off your credit record after 6 years.  So you need to establish the timeline, was there a six year period from the last time you acknowledged the debt and when they got the CCJ?  If there was you can pay the Court for an order to set aside the Judgement, but you need to show they would not have obtained the CCJ had you been properly served.

I think you need to go back to the second firm and get evidence from them that the  cr4p solicitors had abandoned their claim.  One way to do this is to ask for a copy of your file or to do a Subject Access Request or both. Ask them for everything related to your file and especially any written assurances that the  cr4p solicitor gave them that the claim would be discontinued.

Then you go back to the  cr4p solicitor saying you were informed by your solicitors that they agreed to discontinue their claim and were peturbed to find that there is a CCJ relating to the alleged debt and now need their help to remove this.

I would respectfully suggest that you make absolutely certain of your facts before you contact the cr4p solicitors. It may be that the CCJ was obtained in 2018 or 2019 and is a valid claim, but if you keep your head down you can wait until the 6 years from date of judgement make it fall off the credit record database.

fatbelly

Squarepeg72 said:

I've got my credit report last week and there is a ccj from Feb 2023.  I think the debt is a very old mbna credit card.
The last time I spoke to anyone about this debt was 2015.  I've provably paid it 3x over prior to this and gave up, I wasn't in a good place MH wise back then.

The debt is listed at my previous property so I never received any paperwork.  I was nail redirect until June 2023 so should have had something or I would have fought it as its so old.

I'm now homeless and applying for private rents but getting nowhere because of it.  I don't have 7k to pay it off and my credit score is "poor" because of that and I'm apparently not on electoral roll which I checked with council and I am sincerely I've contacted experian about that.

What can I do as its really screwing my life up, I can't get loans, I've got no family and me and my daughter are homeless 

Are you on benefits or a low income?

The reason I ask is that you could apply for setaside but there is a fee. If you are on benefits or a low income you do not have to pay a fee, so that is a no-brainer and should at least remove the ccj for a few months.

How old is your daughter? Are you getting assistance from your local council? I.e. Are you registered with them as homeless?