Best Way to Remove CCJ From Credit File

blinjo

Hello
I took a loan with 118 Money in 2018. Account defaulted in 2019 and then Showed settled the following month. This is when debt was sold to J&C Acquisition.  I made some payments. In March this year I received court letter from BW Legal. I called and they stopped the process and I set up payment plan. I missed Mays payment and BW Legal sent me a letter to make a payment by 23rd June.  My plan was to call them and arrange plan beginning July. It was at this stage I checked my credit file to see the CCJ had been added from March.  I am planning to sell my house and remortgage next year.  I realise that yes, its my debt and I should have kept up repayments. 

My questions are: Can both the CCJ and the default/settled account be on my credit file. I was under the impression that it can't show twice for same debt, also can a CCJ be issued even though the file with 118 money shows settled?  Also as the CCJ shows issued in March, this doesn't give me the one month option to pay the debt, so I assume I have misunderstood the process.  I called BW Legal and they have said its not possible to remove. Should I ask them for a consent order or similar or is it worth me applying to the courts with N244 form and for what reason?  I have read somewhere that sometimes they are sympathetic to certain reasons (excluding wrong address, as I received the court documents).  Any advise would be appreciated.

Brie

did you ever send 118 an affordability complaint?

not sure how well it might work at this point but if 118 agreed that it wasn't affordable then you might get compensation that would help you clear the CCJ.

Affordability refunds from large loans and car finance · Debt Camel

sourcrates

blinjo said:

Hello

My questions are: Can both the CCJ and the default/settled account be on my credit file. I was under the impression that it can't show twice for same debt, also can a CCJ be issued even though the file with 118 money shows settled?  Also as the CCJ shows issued in March, this doesn't give me the one month option to pay the debt, so I assume I have misunderstood the process.  I called BW Legal and they have said its not possible to remove. Should I ask them for a consent order or similar or is it worth me applying to the courts with N244 form and for what reason?  I have read somewhere that sometimes they are sympathetic to certain reasons (excluding wrong address, as I received the court documents).  Any advise would be appreciated.

Yes they can both show at the same time, the entry from the creditor shows the debts status, and the CCJ in the public information section of your file shows legal action was taken against that debt, all perfectly legit and correctly reported.

The account with 118 shows as settled because they sold the debt to JC Acquisitions, again, nothing whatsoever to do with the CCJ being granted.

Would a set aside application be successful?

To be honest, I doubt it, as you have no defence to the claim, you received the court papers, and you admit the debt is yours, so on what grounds would you ask the court to set this aside?

Because you were not told the judgement had been granted, so had no chance to pay it........hmmm....well that may be a reason to consider a set aside, but again, you haven't a defence to the claim, and you must satisfy both criteria, so in my opinion you would be wasting your £300 set aside fee.