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  • FIRST POST
    • uplock135
    • By uplock135 20th Oct 19, 3:02 PM
    • 8Posts
    • 2Thanks
    uplock135
    Can I get this CCJ removed from my file?
    • #1
    • 20th Oct 19, 3:02 PM
    Can I get this CCJ removed from my file? 20th Oct 19 at 3:02 PM
    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?
Page 1
    • sourcrates
    • By sourcrates 20th Oct 19, 3:29 PM
    • 18,602 Posts
    • 17,507 Thanks
    sourcrates
    • #2
    • 20th Oct 19, 3:29 PM
    • #2
    • 20th Oct 19, 3:29 PM
    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.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
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    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • uplock135
    • By uplock135 20th Oct 19, 4:29 PM
    • 8 Posts
    • 2 Thanks
    uplock135
    • #3
    • 20th Oct 19, 4:29 PM
    • #3
    • 20th Oct 19, 4:29 PM
    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
    • By boo_star 21st Oct 19, 5:56 AM
    • 2,823 Posts
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    boo_star
    • #4
    • 21st Oct 19, 5:56 AM
    • #4
    • 21st Oct 19, 5:56 AM
    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.
    Originally posted by uplock135
    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
    • By uplock135 22nd Oct 19, 3:22 PM
    • 8 Posts
    • 2 Thanks
    uplock135
    • #5
    • 22nd Oct 19, 3:22 PM
    • #5
    • 22nd Oct 19, 3:22 PM
    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
    • By BoGoF 22nd Oct 19, 3:29 PM
    • 5,467 Posts
    • 5,397 Thanks
    BoGoF
    • #6
    • 22nd Oct 19, 3:29 PM
    • #6
    • 22nd Oct 19, 3:29 PM
    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.
    Originally posted by uplock135
    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.
    • tight4rse
    • By tight4rse 22nd Oct 19, 11:49 PM
    • 48 Posts
    • 28 Thanks
    tight4rse
    • #7
    • 22nd Oct 19, 11:49 PM
    • #7
    • 22nd Oct 19, 11:49 PM
    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
    • By WhenIam64 23rd Oct 19, 6:41 AM
    • 842 Posts
    • 535 Thanks
    WhenIam64
    • #8
    • 23rd Oct 19, 6:41 AM
    • #8
    • 23rd Oct 19, 6:41 AM
    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
    Last edited by WhenIam64; 23-10-2019 at 6:49 AM.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • uplock135
    • By uplock135 24th Oct 19, 8:47 AM
    • 8 Posts
    • 2 Thanks
    uplock135
    • #9
    • 24th Oct 19, 8:47 AM
    • #9
    • 24th Oct 19, 8:47 AM
    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
    • By WhenIam64 24th Oct 19, 7:26 PM
    • 842 Posts
    • 535 Thanks
    WhenIam64
    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
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • uplock135
    • By uplock135 25th Oct 19, 9:34 AM
    • 8 Posts
    • 2 Thanks
    uplock135
    They agreed to take it as full and final.
    • Takmon
    • By Takmon 25th Oct 19, 10:57 AM
    • 907 Posts
    • 927 Thanks
    Takmon
    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.
    Originally posted by uplock135
    Well you did do a runner with the money because you had a 4 year period from 2014 to 2018 to contact them to setup a payment plan at an amount you could afford. But instead you chose to ignore them until they forced your hand with a CCJ and then even though you borrowed the money for 4 years with 4 years of interest due you paid back even less than the original amount.

    I think you need a reality check if you think you should have the CCJ removed from your credit files
    • Andyjflet
    • By Andyjflet 25th Oct 19, 1:26 PM
    • 148 Posts
    • 110 Thanks
    Andyjflet
    Its your responsibility to inform creditors when moving home, not them to chase you and then plead you didn't know anything about it.

    Drives me mad this.
    Baby Step 1 - 425 saved for emergency fund
    M&S Loan 14708 inc interest full term
    Santander 0% CC 1283
    Sainsburys 0% CC 2618
    Hitachi Loan 0% 220 ends March 2020
    • Davy Jones II
    • By Davy Jones II 25th Oct 19, 4:07 PM
    • 411 Posts
    • 752 Thanks
    Davy Jones II
    It’s so unfair, really, people accurately reporting facts about you, in full, and truthfully.

    Shouldn’t really be annoyed, only nice things should be kept on file.

    Maybe you could ask them to replace the CCJ entry with a note about your good dress sense, or punctuality.
    • WhenIam64
    • By WhenIam64 25th Oct 19, 4:15 PM
    • 842 Posts
    • 535 Thanks
    WhenIam64
    They agreed to take it as full and final.
    If you have written evidence of this rather than the bloke on the phone, then what Sourcrates says in #2 is the way forward.

    Two stage test. The first is did you receive it or were likely to receive it. Answer is no. Second one, is whether it is defensible, so the written evidence is what you need.

    Then if it is granted, then ask judge to order the 255 to be refunded due to Claimant's abuse of the system (if there has been such). You need the N244 form which is a general form asking for 5 minutes in front of a judge to plead your case.

    Ignore some of the comments above about your dress sense and ability to run. It comes down to whether there was a variation to the agreement i.e. a F&F. The address issue is covered by the Civil Procedures Rules on service of documents.
    Last edited by WhenIam64; 25-10-2019 at 4:18 PM.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
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