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Section 21 and CCJ due to fees - help please

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  • sal_III
    sal_III Posts: 1,953
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    I paid one installment and then filed for a DRO. There shouldn't be a default on the fee whatsoever!
    I informed the landlord and the court that I was filing a DRO!
    It was only when I checked my credit history today that I saw a CCJ.
    What do I do?
    Someone correct me if I'm wrong but doesn't DRO stay on the credit file for 6 years too, just like the CCJ? In which case does it really matter?
  • Comms69
    Comms69 Posts: 14,229
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    sal_III wrote: »
    Someone correct me if I'm wrong but doesn't DRO stay on the credit file for 6 years too, just like the CCJ? In which case does it really matter?
    no, it's 18 months.


    12 Months active, 6 not active but recorded
  • sal_III
    sal_III Posts: 1,953
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    Comms69 wrote: »
    no, it's 18 months.


    12 Months active, 6 not active but recorded
    That's not what Stepchange website says:
    Does a DRO affect my credit file?
    A debt relief order will stay on your credit file for six years from the date it's approved. This may make it difficult to take out credit during this time.
  • Comms69
    Comms69 Posts: 14,229
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    sal_III wrote: »
    That's not what Stepchange website says:
    Spot on, we're both (sort of) right


    http://www.debtadvicefoundation.org/questions/debt-relief-order-credit-score


    basically it's active for 12 months, on the register for a further 3 (not 6 like I claimed)


    and credit agencies will report for 6 years.
  • G_M wrote: »
    Just to pay devil's advocate for a moment, what would be unfair would be the landlord being out of pocket for the £355 court fee.

    "
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would be rehoused if I intentionally made myself homeless. Even the landlord recommended this!
    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.
    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of £355 - Fair enough. However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.
    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?"

    I was waiting for someone to add a comment like yours. Read the OP.
  • Comms69
    Comms69 Posts: 14,229
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    "
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would be rehoused if I intentionally made myself homeless. Even the landlord recommended this!
    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.
    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of £355 - Fair enough. However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.
    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?"

    I was waiting for someone to add a comment like yours. Read the OP.
    But you didn't pay the £355......


    Saying fair enough doesn't mean anything
  • sal_III
    sal_III Posts: 1,953
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    Yes, we all agreed that this sum was affordable for me and this was formalised by the judge. I paid one installment and then filed for a DRO.

    Isn't this "formalised by the judge" part effectively the CCJ?
  • Comms69 wrote: »
    Spot on, we're both (sort of) right


    http://www.debtadvicefoundation.org/questions/debt-relief-order-credit-score


    basically it's active for 12 months, on the register for a further 3 (not 6 like I claimed)


    and credit agencies will report for 6 years.

    A DRO is listed on the Insolvency Service website for 15 months - however it will on your credit file for 6 years.
    I have a Court Order which was agreed at the time of the Possession Order stating that I pay back the sum of £20.00 per month.
    So does it not matter that the all parites agreed to this? yet I still receive CCJ?
  • Comms69
    Comms69 Posts: 14,229
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    A DRO is listed on the Insolvency Service website for 15 months - however it will on your credit file for 6 years.
    I have a Court Order which was agreed at the time of the Possession Order stating that I pay back the sum of £20.00 per month.
    So does it not matter that the all parites agreed to this? yet I still receive CCJ?
    But you didn't pay £20 a month did you?
  • Comms69 wrote: »
    But you didn't pay the £355......


    Saying fair enough doesn't mean anything

    What? The agreement was to pay £20 per month until the sum of £355 was paid - this was sanctioned by the Judge and Claimant. There was no Order to pay the sum of £355 within 28 days!
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