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Section 21 and CCJ due to fees - help please

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?
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  • 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?
    It wouldn't have been a CCJ if you'd paid it....


    You didn't. What did you expect would happen?


    You get a CCJ for NOT PAYING. Nothing to do with staying in the property etc.
  • G_M
    G_M Posts: 51,977
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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 NOT 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.

    Presumably the judge agreed and awarded this?


    Did you pay it?



    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.

    I assume you did not pay the money the court odered you to pay.


    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?
    Yes - if you fail to pay what the court order you to pay.
  • 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?
  • Comms69
    Comms69 Posts: 14,229
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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?
    You have 28 days to pay.


    Instalments, unless that is what the court ordered, don't count.


    Nothing you can do, you failed to pay the court order.
  • The judge agreed on a £20.00 per month repayment. I never defaulted on this - so why the CCJ? This seems wholly infair!
  • Comms69
    Comms69 Posts: 14,229
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    The judge agreed on a £20.00 per month repayment. I never defaulted on this - so why the CCJ? This seems wholly infair!
    And this is set out in the court order?


    Typically the claimant would have to agree too.


    (unless you mean the judge for the DRO?)
  • Comms69 wrote: »
    And this is set out in the court order?


    Typically the claimant would have to agree too.


    (unless you mean the judge for the DRO?)

    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.
  • Comms69 wrote: »
    You have 28 days to pay.


    Instalments, unless that is what the court ordered, don't count.


    Nothing you can do, you failed to pay the court order.

    The court ordered that I pay in installments.
  • G_M
    G_M Posts: 51,977
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    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.
  • Comms69
    Comms69 Posts: 14,229
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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.
    The court ordered that I pay in installments.



    I apologize I confused DRO and DMP.


    I assume you didn't actually pay the instalments, since a DRO can only be granted in extreme circumstances, and lasts 12 months.


    SO you didn't pay it, you got a CCJ.
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