Cabot Financial incorrect default date and subsequent CCJ

TryingToPay

I did post this on the Legal Beagles forum but have had no replies, so I thought i'd pick the cranial collective here :-)

NewDay applied a default to my credit file with an incorrect date. This complaint went through to the Financial Ombudsman who agreed with me that the default should have been applied in March of 2018, and therefore should have dropped off my credit file. This means that the default has been negatively impacting my credit file for 7 months (so far) longer than it should have been. Cabot applied for a CCJ for the same account which was granted in August 2019, so is due to drop off next August. I have satisfied this CCJ and do not dispute I owed the money.

However, as the default date was incorrect this is not an accurate representation of my credit history. I have asked Cabot to set aside the CCJ by consent at my cost to balance out the discrepancy between dates. They have declined as this would be seen as "credit washing".

Do I have a realistic defence to this CCJ? I fail to see how it can be seen as credit washing when the associated default has been on my credit file for 7 months longer thn it should have been. Would the CCJ have therefore been obtained with incorrect information provided to the court.

For additional information the CCJ was obtained by default as I had moved address in February 2019. I failed to update the creditor but a cursory glance at my credit file would have shown me on the electoral roll at my new address.

Many Thanks

fatbelly

If the ccj has been settled, I would leave it at that. You may have had some sort of defence but you've paid it and that makes any argument that you didn't owe it, difficult

You don't say what date is showing for the default. If it is any time in 2018 I would also leave it as it drops off this year and you are not going to gain much by winning a complaint

TryingToPay

fatbelly said:

If the ccj has been settled, I would leave it at that. You may have had some sort of defence but you've paid it and that makes any argument that you didn't owe it, difficult

You don't say what date is showing for the default. If it is any time in 2018 I would also leave it as it drops off this year and you are not going to gain much by winning a complaint

Thank you for your response. The default has been removed from my credit file at the directive of the FOS. The CCJ however, is actively preventing me from getting a mortgage, and I need to move ~350 miles North; otherwise I would just sit and wait until next August for it to resolve naturally.

sourcrates

You have admitted the debt, and paid it off in full, so the judgement was satisfied.

You will only win a set aside case in very specific circumstances, and due to the above, you do not meet any of the criteria to be successful.

The default date, and the date of judgement are not linked in any way, so any complaint is pointless.

You can never say never, but its 98% likely your application will fail as you have no defence.

TryingToPay

I appreciate both of your replies. Have a lovely weekend