Can I get this CCJ removed from my file?

uplock135 · 20 October 2019 at 3:02PM

Hi everyone,

I maxed out a credit card in 2014, which led to a CCJ in May 2018. Unfortunately, I had moved several times at that point and they sent all the correspondence (including about the initial default) to an old address. I found out about the CCJ in July 2018. I have now paid it off, however as I didn't pay off within one month, it shows on my credit file.

I have heard - and I don't know whether this is accurate - that I can apply to the court to have it removed from my record given that I didn't receive the notice of the hearing, or attend the hearing. Does anyone know whether this is the case and if it can be done, what my next steps are?

sourcrates · 20 October 2019 at 3:29PM

Hi,
What you are referring to is a “set aside application”, you would normally do this before payment of the judgement, not after, so you are too late now, as payment of the judgement is also acknowledging the judgement was correct and owed.

A set aside costs £255.00 and you need to have a defence with a reasonable chance of success. Non receipt of court papers may have been sufficient to be successful, your only other option now is to contact the creditor and see if they will agree to a set aside by consent, you will still have to pay the fee.

uplock135 · 20 October 2019 at 4:29PM

Thank you.
I can't find a lot of information online on set aside by consent. Is there a form I need to fill in?
I assume my next step is to contact them and ask if it's something they are willing to do.

boo_star · 21 October 2019 at 5:56AM

uplock135 wrote: »

Thank you.
I can't find a lot of information online on set aside by consent. Is there a form I need to fill in?
I assume my next step is to contact them and ask if it's something they are willing to do.

If you moved and didn't inform your creditors of the change of address you have no chance of a set-aside being granted.

And as sourcrates says, you'll need a viable defence against paying the debt, which it appears you don't have..

uplock135 · 22 October 2019 at 3:22PM

Ok
I don't see how I could have possibly known to inform a company I had no idea were handling the debt. It passed from the original company, to another, to another, and at that point I had lived in three different places and had been homeless for a period of time. The CCJ is from X on behalf of Y for money owed to Z. I had no idea who was handling it and would have had no idea who to contact.

BoGoF · 22 October 2019 at 3:29PM

uplock135 wrote: »

Ok
I don't see how I could have possibly known to inform a company I had no idea were handling the debt. It passed from the original company, to another, to another, and at that point I had lived in three different places and had been homeless for a period of time. The CCJ is from X on behalf of Y for money owed to Z. I had no idea who was handling it and would have had no idea who to contact.

If you had informed the original debtor of your chsnge of address that would have been forwarded on. Lets be honest.....you maxed out the card and had no intention of notifying them of your change of address. That decision bit you on the backside and you have a bad credit history because of it.

User_101122 · 22 October 2019 at 11:49PM

You're unlikely to succeed here. The court is only likely to set aside a claim for non receipt of the claim forms, where there is a reasonable prospect of you defending the claim.

In this case you don't have a defence as you've already satisfied the claim.

It's going to be up to the creditor as to whether they remove the CCJ. Some do and some don't.

The fact that you've effectively done a runner with their money isn't going to do you any favours I'm afraid. Chalk it up to experience, learn from it and move on.

WhenIam64 · 23 October 2019 at 6:41AM

You can have your credit report corrected if the information is inaccurate. It is a right under the Data Protection Act 2018. But you'll have to be specific as to why it is incorrect.

https://www.experian.co.uk/consumer/questions/askjames308.html

The other thing you can do short term is write to your MP to seek a change in the law. Too often debt purchasing companies use default CCJ's as a way of boosting their profits rather than trying to trace an individual first. Sometimes a default CCJ can be for very small sums. The Ministry of Justice was concerned enough to seek a consultation prior to the law being changed (see page 14). Perhaps with Brexit over, your MP can get back to doing something on this issue

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/supporting_documents/defaultcountycourtjudgmentsconsultation.pdf

uplock135 · 24 October 2019 at 8:47AM

I haven't done a runner with their money. I paid it back, albeit slightly less than the original amount owed because that's what I had, so I offered it, they agreed, and I paid it.

WhenIam64 · 24 October 2019 at 7:26PM

they agreed

Did they agree to accept it as F&F or partial. Really a key issue. See Pinnel's case

https://en.wikipedia.org/wiki/Pinnel%27s_Case

uplock135 · 25 October 2019 at 9:34AM

They agreed to take it as full and final.

Can I get this CCJ removed from my file?

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