CCJ notice sent to wrong address.
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Most creditors won't agree to it, why should they there is a CCJ they can enforce. Also if you informed them of a non UK correspondence address they may have left it as your previous address as its hard to enforce debt internationally.
As it stand s I am paying creditors £0.
They have had no comms with me for over 5 years and realistically must have given up hope of ever receiving funds.
I have been advised that if I offer to pay in full and given that I had not received default notice they may be very happy to consent to set the judgement aside. Especially as they will be getting £9k that they thought they would never see again.0 -
superfen1983 wrote: »because I didn't have a spare £9k ...now I do.
So you knowingly hid away from a debt hoping it would go away?0 -
superfen1983 wrote: »As it stand s I am paying creditors £0.
They have had no comms with me for over 5 years and realistically must have given up hope of ever receiving funds.
I have been advised that if I offer to pay in full and given that I had not received default notice they may be very happy to consent to set the judgement aside. Especially as they will be getting £9k that they thought they would never see again.
They may, but I suspect it's still unlikely as the debt is enforceable still. Plus even it they consent, if the judge doesn't think there was good reason for a set aside then he/she may just dismiss it as credit repair. It doesn't seem there is good reason in the eyes of a court, but little harm in trying other than losing the court fee.0 -
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The facts are very simple, you owe the money, you got the CCJ correctly, you didn't keep them up to date. You want something shady, not them. And since you fled the country from debt judge will likely allow collection past 6 years.superfen1983 wrote: »I didn't ever expect the debt to 'go away'.
This is not a question of ethics or morals I want to know the facts.0 -
The facts are very simple, you owe the money, you got the CCJ correctly, you didn't keep them up to date. You want something shady, not them. And since you fled the country from debt judge will likely allow collection past 6 years.
I informed the creditor I was leaving the country.....
I agreed a lesser monthly fee which I was honouring....
I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
I didn't receive default notices.
I return home to find I have CCJ.
These are the facts.
I do not want anything shady. Get off your horse.0 -
yes you do, you want a perfectly valid CCJ to be wiped off so it won't stink up your credit report. Many people go work aborad, without fixed address, and manage to collect their mail through PO boxes/friends and so on. You elected to do neither of those things. Additionally, if you had agreed to a different payment plan (assuming that they've agreed to it too), you already were in default of original agreement.superfen1983 wrote: »I informed the creditor I was leaving the country.....
I agreed a lesser monthly fee which I was honouring....
I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
I didn't receive default notices.
I return home to find I have CCJ.
These are the facts.
I do not want anything shady. Get off your horse.
The issue of default notices is easily fixable by issuing them, not by anything else (though they most likely were issued but went to the last address provided). Same with court paperwork. So just go, pay off the CCJ and it will be gone in whatever amount of time it is missing to 6 years.0 -
superfen1983 wrote: »I informed the creditor I was leaving the country.....
I agreed a lesser monthly fee which I was honouring....
I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
I didn't receive default notices.
I return home to find I have CCJ.
These are the facts.
I do not want anything shady. Get off your horse.
If you provided no forwarding address, creditors are legally entitled to send default notices and CCJ papers to the last known address.
Again, as I stated, not receiving the court papers is not enough to apply for a set aside, you also need a reason why the CCJ would have been defended had you been given the chance.
If you cannot do this, a creditor will oppose the set aside motion and it likely will not be granted. Offering to pay it may not be enough because the CCJ is there to try to make you pay, doing so is just fulfilling the court judgement.
Some creditors do set aside by consent for full payment, but many do not.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0 -
yes you do, you want a perfectly valid CCJ to be wiped off so it won't stink up your credit report. Many people go work aborad, without fixed address, and manage to collect their mail through PO boxes/friends and so on. You elected to do neither of those things. Additionally, if you had agreed to a different payment plan (assuming that they've agreed to it too), you already were in default of original agreement.
The issue of default notices is easily fixable by issuing them, not by anything else (though they most likely were issued but went to the last address provided). Same with court paperwork. So just go, pay off the CCJ and it will be gone in whatever amount of time it is missing to 6 years.
My credit report has nothing to do with it.
I have, nor do I require any credit. My houses are paid off in full. I have no need for loans or mortgages.
I want to pay the money because it is owed. Similarly, I want the CCJ set aside because I believe it is not warranted given the circumstances.
Anyway, I assume you are having a bad day. You are less than helpful.
I will leave you be. Very brave and soon to judge behind your keyboard.
Have a great day.0
This discussion has been closed.
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