Cancelling a CCJ
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jr92897
Posts: 6 Forumite
Hi,
To cut a long story short, last year I sold a fully functional item on Gumtree and three months later the buyer says it doesn't work and demands and refund. One year on, after a very lengthy small claims process, I lost at the hearing ('innocent misrepresentation') and owed nearly £400. I paid the full amount to the claimant the same day.
Now, I've applied to the courts for a certificate of cancellation, and attached proof of bank transfer (certified by the bank manager), a text message from the claimant saying he received it AND a written note from him.
After speaking to the courts today, they have told me they're not able to cancel it until the claimant writes to them to say it has been paid or sends me an actual letter confirming payment instead of the poorly written note saying '£400 received' and signed. He's not a remotely decent person and there's zero chance of this happening.
How can I ensure this is removed? I have an excellent credit score and it seems incredibly unfair that I'm gonna be stuck with a CCJ for six years even though I paid it instantly. The courts (Bristol) are extremely unhelpful; they don't tell you anything unless you call them and even then nobody has any clue what they're talking about.
Thanks.
To cut a long story short, last year I sold a fully functional item on Gumtree and three months later the buyer says it doesn't work and demands and refund. One year on, after a very lengthy small claims process, I lost at the hearing ('innocent misrepresentation') and owed nearly £400. I paid the full amount to the claimant the same day.
Now, I've applied to the courts for a certificate of cancellation, and attached proof of bank transfer (certified by the bank manager), a text message from the claimant saying he received it AND a written note from him.
After speaking to the courts today, they have told me they're not able to cancel it until the claimant writes to them to say it has been paid or sends me an actual letter confirming payment instead of the poorly written note saying '£400 received' and signed. He's not a remotely decent person and there's zero chance of this happening.
How can I ensure this is removed? I have an excellent credit score and it seems incredibly unfair that I'm gonna be stuck with a CCJ for six years even though I paid it instantly. The courts (Bristol) are extremely unhelpful; they don't tell you anything unless you call them and even then nobody has any clue what they're talking about.
Thanks.
A bad day living beats a good day dead.
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Comments
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If it was paid within one month of the date of judgement it should be removed automatically.
Write a complaint and ignore you made up credit score whilst you’re at it
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Thing is, the money wasn't paid through the courts, it went straight to the d*ckhead, so I can't see a way of it being removed automatically?A bad day living beats a good day dead.0
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So you need to get him to do it.
Or take him to a small claims court to get it done 0 -
Remember only you can see your score, your history is what lenders etc can see.0
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According to Registry TrustFrom 6th April 2006 when the court are provided with evidence that a judgment debt has been paid in full either before registration or within one calendar month of the judgment date the registration will be cancelled and removed from the register once we have been notified by the court.
You may also apply in writing to the relevant court for a Certificate of Cancellation enclosing:
a) evidence that the debt has been fully repaid with one calendar month of the date of the judgment
b) a statement advising that reasonable steps have been taken to obtain such evidence but you have been unable to do so,
c) a statement advising that you believe the evidence of payment within one calendar month of the date of judgment is already held at the court; and the court fee of £15 (cheque payable to HMCTS)
It appears the court may be requiring a higher standard of proof than is nessary. See if Registry Trust can help
This is how to contact Trust Online for public enquiries.
By email to info@trustonline.org.uk
By telephone:
•UK on: 020 7380 01330
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