Unknown CCJ to Old Address Leading to Mortgage Decline

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AgentDaleCooper
AgentDaleCooper Posts: 14 Forumite
in Credit file & ratings
Hi all,

I'm applying for a mortgage and have just received a rejection from Barclays. I went to check my credit record, Experian is showing 999/999 but when I checked on ClearScore I found I have a CCJ against me which I know nothing about.

The CCJ is dated Feb 17, and was sent to a property that I sold in July 16. I did previously live at this property, and rented it out for about 3-4 years before I sold it.

The CCJ is for £552 and was issued by County Court Business Centre, which I understand from a bit of research is a bulk processing centre.

I would really appreciate some help with:
- what is the quickest way to get the details of this CCJ? Can I just phone them up? I'm out of the country until tomorrow or I would have already tried.
- is it possible something a tenant did in my old flat has led to a charge against me?
- do I have a realistic chance of getting this removed from my file given that I have no idea what it is and haven't ever heard about it? As my addresses are linked on my credit file, surely they could have tracked me down this way?
- do lenders (i.e. Barclays) show any understanding in these situations?

I'm desperate to resolve this in order to buy this property, and hugely appreciate any help and advice.

Thanks,
Dan
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Comments

  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Firstly ignore your score and rating.

    Then, to answer your points:

    - yes phone the court and ask for details
    - no it would be for something under your name - a bill for example
    - possibly - you won!!!8217;t know until you contact them
    - that!!!8217;s up to them/their system/lending criteria. Usually no
  • AgentDaleCooper
    AgentDaleCooper Posts: 14 Forumite
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    Thanks for the helpful answers. I will call first thing tomorrow and see where things go.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 14 June 2018 at 9:35AM
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    Read up on getting this ccj set aside. Court fee £255

    If you are successful then it will be removed from the register. The claimant can then reinstate the claim, but should you subsequently lose a hearing you can pay that judgement off in full within a month and it won't remain on the register.

    Otherwise it remains on the register for 6 years and unlikely you will get your mortgage till after that time.

    Alternatively once you get details of the ccj if you want to pay it off then read up on set aside by consent, court fee £100. Depending on how desperate you are to buy this property this will be your quickest way to remove the ccj

    If the claimant agrees and you are successful then the ccj will be removed from the register
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
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    Quentin wrote: »
    Otherwise it remains on the register for 6 years and unlikely you will get your mortgage till after that time.
    That is incorrect. Whilst it may remain on the file for 6 years it doesn't automatically mean you can't get a mortgage. There are people 2-3 years out of bankruptcy that get mortgages. All it means is that it won't be as plain sailing than if you didn't have one.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Tarambor wrote: »
    That is incorrect. Whilst it may remain on the file for 6 years it doesn't automatically mean you can't get a mortgage. There are people 2-3 years out of bankruptcy that get mortgages. All it means is that it won't be as plain sailing than if you didn't have one.
    The OP is desperate to buy now with Barclays - not in a few years time!


    The ccj needs to be removed rather than satisfied if he wants a BArclays Mortgage urgently
  • macman
    macman Posts: 53,098 Forumite
    Name Dropper First Post First Anniversary
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    The creditor does not have to 'track you down' to your current address, all they have to do is send the court paperwork to your last known address. It's up to you to advise creditors when you move house.
    So you will not get it set aside purely on the basis that you knew nothing about it and so didn't attend: they obtained judgement in absentia quite correctly.
    If there are other grounds for disputing it then of course that is a different question.
    No free lunch, and no free laptop ;)
  • AgentDaleCooper
    AgentDaleCooper Posts: 14 Forumite
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    So after ringing the court I've figured it all out. The charge relates to a car that I used to own, it was on a three year lease and when I handed it back the damage assessment apparently came back with £450 of repairs needed. I gave the vendor my new address for them to come and pick the car up from, but they sent the bill (and subsequently the CCJ) to the address where I lived when the credit agreement was setup.


    I called the solicitors who were now handling this on behalf of the vendor and paid the charges, I just want to get this cleared as soon as possible. I understand this will now mark the CCJ as "Satisfied" which is somewhat better but still a pretty bad black mark on my credit file.


    I now have two questions, firstly what are the chances I would be successful in getting this set aside? Understand this will take a while and not get resolved in the timeframes that I need to get a mortgage now.


    Second question, am I likely to find a mortgage somewhere (not necessarily Barclays) with this on my record? I have an otherwise perfect credit record, have a 15% deposit on the property, and the income multiplier is less than x3.5. Can one £500 charge, which I can show I resolved immediately as soon as I was made aware, really stop me from getting a mortgage?


    Very much appreciate the helpful comments above.


    Thanks,
    Dan
  • fwor
    fwor Posts: 6,810 Forumite
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    AgentDaleCooper wrote: »
    I gave the vendor my new address for them to come and pick the car up from, but they sent the bill (and subsequently the CCJ) to the address where I lived when the credit agreement was setup.

    It looks like this will depend on the details, and whether you can prove what you did. The specific example (from NationalDebtLine's website) which seems relevant here is:

    "if you can prove you gave the creditor your new address before the claim was issued"

    So it will depend both on whether you can prove you notified them, and whether you made clear that the address you gave was your new address, and not simply an address to pick a car up from.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Now you paid it a set aside is unlikely.

    But do read up on set aside by consent as advised in #4

    If the claimant agrees then that should succeed.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    As for the mortgage use a broker, maybe 1 who deals in credit files that aren't so good.
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