CCJ sent to old address - want to pay off in one go

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Comments

  • GM1880
    GM1880 Posts: 169 Forumite
    PPI Party Pooper
    I've set aside a CCJ recently and went through all sorts of permutations.

    If you're happy to risk £255, then it may be worth an application, but your only chance of success I think would be to do it with the consent of the claimant, so essential offer to settle the debt on the condition that they agree to consent to set aside the CCJ as a condition of you settling the debt in full. It's a long shot I think, but in all likelihood your only chance of getting rid of the CCJ.

    One thing to bear in mind if you go down this route is to keep it quiet that you're doing this. Based on my experience and research you still need the judge to set it aside, but if both Claimant and Defendant consent then they'e unlikely to look at it in great detail. BUT, a judge is likely not to grant it if there's any hint of you doing this for credit repair...which is ridiculous really given any application to set aside a CCJ is for credit repair even if it's a balls up by the claimant. But, don't let the judge know you're doing it for that purpose of the judge is less likely to set it aside.
  • beyond92
    beyond92 Posts: 36 Forumite
    GM1880 wrote: »
    I've set aside a CCJ recently and went through all sorts of permutations.

    If you're happy to risk £255, then it may be worth an application, but your only chance of success I think would be to do it with the consent of the claimant, so essential offer to settle the debt on the condition that they agree to consent to set aside the CCJ as a condition of you settling the debt in full. It's a long shot I think, but in all likelihood your only chance of getting rid of the CCJ.

    One thing to bear in mind if you go down this route is to keep it quiet that you're doing this. Based on my experience and research you still need the judge to set it aside, but if both Claimant and Defendant consent then they'e unlikely to look at it in great detail. BUT, a judge is likely not to grant it if there's any hint of you doing this for credit repair...which is ridiculous really given any application to set aside a CCJ is for credit repair even if it's a balls up by the claimant. But, don't let the judge know you're doing it for that purpose of the judge is less likely to set it aside.

    Thanks for the advice, this is what I had in mind. I have compiled a letter that I hope to send off today. Any feedback welcome

    Hi,

    I am writing to you regarding a CCJ with the reference number xxxxxxxxxx.

    On the xth April 2018 I received a letter stating that I was in arrears with a CCJ for the total of £xxx. I have since been in touch to begin a payment plan to get this rectified.

    Unfortunately I had not received any documentation regarding this CCJ prior to the arrears letter that I received on the xth April 2018, therefore I was never in the knowledge of it existing until I was in arrears. Had I known about this earlier I would’ve resolved this much earlier.

    In the interests of both parties, I would like to conclude the matter as soon as possible and would be willing to pay off in one lump sum and settle the debt, on the condition that you would consent to the CCJ being set aside. I feel that this would be the speediest and most convenient solution for all, as I want to work with you to get this resolved as a matter of urgency.

    I hope to hear back from you soon regarding this matter and hope that we can come to a quick resolution.

    Yours sincerely
  • sourcrates
    sourcrates Posts: 28,833 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    You do not start a letter with the word "Hi" !!!!!

    I have edited it slightly for you to include more relevant info..


    Dear Sirs,

    I write in regard to a County Court Judgement, with the following reference number xxxxxxxxxx.

    On the xth April 2018 I received a letter from you stating I was in arrears with a CCJ payment for the total of £xxx. I have since been in touch to begin a payment plan to get this rectified.

    Unfortunately I did not receive the claim form, or any pre-action letters from you, prior to judgement in default been made, I understand this is not in line with the pre-action protocol, I can only assume they were sent to a previous address.

    In the interests of both parties, I would like to conclude the matter as soon as possible and would be willing to pay off the debt in one lump sum, on the condition that you would consent to the CCJ being set aside. I feel that this would be the speediest and most convenient solution for all, as I want to work with you to get this resolved as a matter of urgency.

    I hope to hear back from you soon and hope that we can come to a quick resolution.

    Yours sincerely


    I wish you the best of luck with that, please let us know how you get on.
    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-letter
  • beyond92
    beyond92 Posts: 36 Forumite
    sourcrates wrote: »
    You do not start a letter with the word "Hi" !!!!!

    I have edited it slightly for you to include more relevant info..


    Dear Sirs,

    I write in regard to a County Court Judgement, with the following reference number xxxxxxxxxx.

    On the xth April 2018 I received a letter from you stating I was in arrears with a CCJ payment for the total of £xxx. I have since been in touch to begin a payment plan to get this rectified.

    Unfortunately I did not receive the claim form, or any pre-action letters from you, prior to judgement in default been made, I understand this is not in line with the pre-action protocol, I can only assume they were sent to a previous address.

    In the interests of both parties, I would like to conclude the matter as soon as possible and would be willing to pay off the debt in one lump sum, on the condition that you would consent to the CCJ being set aside. I feel that this would be the speediest and most convenient solution for all, as I want to work with you to get this resolved as a matter of urgency.

    I hope to hear back from you soon and hope that we can come to a quick resolution.

    Yours sincerely


    I wish you the best of luck with that, please let us know how you get on.

    Oh dear was in email mode as just compiled it at work quickly! I would’ve spotted that, honest.

    Thanks for the feedback will provide an update as soon as.
  • I know this is an old thread but I have just found myself in a similar situation and was wondering how you got on?
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