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Can I set aside a ccj?
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Squarepeg72
Posts: 15 Forumite

Back story - in 2017 I engaged the services of solicitor 1 on a deferred payment agreement. I made it clear I didn't want to go I to debt over this issue and they agreed to this. The agreement was I would only pay once the family estate was settled.
Solicitor 1 was made fully aware of a family member who had made themselves executor using what I believed to be forged wills.
Anyway they sent like one letter and 2 emails to the relative who pretty much ignored them. Relative managed to steal the entire.estate despite.me making solicitor 1 aware there were charges being made against the estate properties.
Once Solcitor 1 realised there was no longer money in the estate they demanded the debt be paid.
2018/19 I was having cancer treatment so ignored them.
2022 I moved.
May 2023 I was contacted by Solicitor 2 by email who had taken on the debt and said they were preparing paperwork for court but thought they'd reach out to me. I responded to them and explained the work completed by solicitor 1 was extremely poor, they were engaged to protect the estate which they did not and wanted 7k for the privilege of sending one letter and 2 emails to my relative, who by then had been prosecuted and sent to prison for it.
Solicitor 2 requested the original files off solicitor 1 and advised me they had written the debt off. At no point was I made aware a ccj had been put on.
June 2024 - needed to rent a property and found out my credit score very low due to ccj dated Feb 2023 from solicitor 2.
Contacted Solicitor 2 who sent me a confirmation letter that the debt had been written off.
Contacted the court to ask them to remove this attaching letter.
Today received response from court
"I am not able to mark the Judgment as paid in full and cancelled as the attached letter states the debt was written off. This doesn’t remove the Judgment from your credit file, only paid in full within the first calendar month removes the Judgment from your credit file."
I was looking to buy a house next year, my credit rating is poor because of this. My relative continues to f me over years later.
What can I do as this is really unfair!
Solicitor 1 was made fully aware of a family member who had made themselves executor using what I believed to be forged wills.
Anyway they sent like one letter and 2 emails to the relative who pretty much ignored them. Relative managed to steal the entire.estate despite.me making solicitor 1 aware there were charges being made against the estate properties.
Once Solcitor 1 realised there was no longer money in the estate they demanded the debt be paid.
2018/19 I was having cancer treatment so ignored them.
2022 I moved.
May 2023 I was contacted by Solicitor 2 by email who had taken on the debt and said they were preparing paperwork for court but thought they'd reach out to me. I responded to them and explained the work completed by solicitor 1 was extremely poor, they were engaged to protect the estate which they did not and wanted 7k for the privilege of sending one letter and 2 emails to my relative, who by then had been prosecuted and sent to prison for it.
Solicitor 2 requested the original files off solicitor 1 and advised me they had written the debt off. At no point was I made aware a ccj had been put on.
June 2024 - needed to rent a property and found out my credit score very low due to ccj dated Feb 2023 from solicitor 2.
Contacted Solicitor 2 who sent me a confirmation letter that the debt had been written off.
Contacted the court to ask them to remove this attaching letter.
Today received response from court
"I am not able to mark the Judgment as paid in full and cancelled as the attached letter states the debt was written off. This doesn’t remove the Judgment from your credit file, only paid in full within the first calendar month removes the Judgment from your credit file."
I was looking to buy a house next year, my credit rating is poor because of this. My relative continues to f me over years later.
What can I do as this is really unfair!
0
Comments
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The set aside fee has risen to £303 !!!!
Information here on when it is appropriate to set aside a CCJ:
County Court Judgment. How To Set Aside A CCJ. StepChange
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-letter2
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