CCJ satisfied can I set aside?
tiggy90
Posts: 11 Forumite
Logged in to review my credit score today for the first time in a year since we moved house as i've had no reason to really keep an eye on it prior to now as I wasn't applying for any credit etc.
Checked as in the next 6 months i'm looking to get a mortgage and my credit score result was not good, after a little digging there was a CCJ there from April 2018.
I have never missed a payment on anything so I know almost instantly it was from a car parking fine, as I've always ignored these (probably 4 or 5 in total) I checked and indeed it was.
Private parking firm left a ticket on my window and followed up with letters however as they were a private company I ignored them as was the general consecensus at the time as any threats of court were empty and they didn't follow through, threats seized around September 2017 so I thought no more of it.
Turns out I moved in January 2018 and then in-between then and April 2018 they got a CCJ against me I obviously received no correspondence of this as I was living at a different address. Now if i'd of known a court date had been set I would of defended myself however thats no good to me now.
Rightly or wrongly I contacted the car parking company, I hold my hands up I ignored their letters however was truly unaware of the CCJ or legal action. I noticed this on my credit report today and have tracked and called the company who then advised me of the bailiffs details as its obviously escalated further in almost a year of them sending letters to an old address.
I wanted this settling so I paid the amount due over the phone, received a receipt via e-mail and was told they would advise the relevant party that the CCJ is now satisfied.
I'm very worried though, I've never missed a credit payment and i would have paid this within the month or disputed it had I known.
I want to try and get this CCJ set aside, is this a possibility any longer?
I hold my hands up to the parking fine, thats been settled however the CCJ is going to cause me issues and is damaging my credit. Is there any hope in getting it set aside on the basis that i just really need it removing from my file? I don't wish to dispute the fine etc. which has now been satisfied, i just want to clear my record.
Checked as in the next 6 months i'm looking to get a mortgage and my credit score result was not good, after a little digging there was a CCJ there from April 2018.
I have never missed a payment on anything so I know almost instantly it was from a car parking fine, as I've always ignored these (probably 4 or 5 in total) I checked and indeed it was.
Private parking firm left a ticket on my window and followed up with letters however as they were a private company I ignored them as was the general consecensus at the time as any threats of court were empty and they didn't follow through, threats seized around September 2017 so I thought no more of it.
Turns out I moved in January 2018 and then in-between then and April 2018 they got a CCJ against me I obviously received no correspondence of this as I was living at a different address. Now if i'd of known a court date had been set I would of defended myself however thats no good to me now.
Rightly or wrongly I contacted the car parking company, I hold my hands up I ignored their letters however was truly unaware of the CCJ or legal action. I noticed this on my credit report today and have tracked and called the company who then advised me of the bailiffs details as its obviously escalated further in almost a year of them sending letters to an old address.
I wanted this settling so I paid the amount due over the phone, received a receipt via e-mail and was told they would advise the relevant party that the CCJ is now satisfied.
I'm very worried though, I've never missed a credit payment and i would have paid this within the month or disputed it had I known.
I want to try and get this CCJ set aside, is this a possibility any longer?
I hold my hands up to the parking fine, thats been settled however the CCJ is going to cause me issues and is damaging my credit. Is there any hope in getting it set aside on the basis that i just really need it removing from my file? I don't wish to dispute the fine etc. which has now been satisfied, i just want to clear my record.
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Comments
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On what grounds would you have defended yourself to have the CCJ set aside?... I moved in January 2018 and then in-between then and April 2018 they got a CCJ against me I obviously received no correspondence of this as I was living at a different address. Now if i'd of known a court date had been set I would of defended myself however thats no good to me now...I work within the voluntary sector, supporting vulnerable people to rebuild their lives.
I love my job
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You've admitted you chose to ignore the tickets and "threats" of a CCJ and look what's happened?
Will you stand up in court and say that as your defence?
You've paid it now, so it will be there for the next 6 years - you will need to speak to a broker that deals with adverse credit histories for your mortgage0 -
I don't have any defence to have the CCJ set-aside to my knowledge which is why I satisfied the CCJ by paying it. I was trying to see if there was anyway to have a ccj set-aside once it had been satisfied as it will cause me serious issues trying to get a mortgage which doesn't help anyone really.
Im not trying to get away with the ccj here, its been paid in full as soon as I saw it I just want to know if there is anyway to have it removed from my file by means of set aside or any other approach?
The defence I was talking about was moreso if I'd of known about the court date, I would have appeared and represented myself and attempted to defend myself. This may have been foolish anyway as my grounds would have been that the Private parking company were at no financial loss. The land I received a ticket on is my employers land which is our parking facility which is patrolled by VCS. This may have resulted in a lesser fine or whatever however it would have been settled on the day, and paid within the month to prevent a ccj on my file.
They had my correct address originally, in the mean time I moved and I can't prove that they didn't try to track me down or that they even knew I had moved. (Despite the lady that moved in R.T.S'ing all of our mail from addresses i'd forgot to change like 'the national Trust' and other minor things.
I think this was there in, they likely sent another threat, got it returned with 'rts, no longer at address' and saw there chance to escalate it to court knowing i would be non the wiser and filed for a date. This is not an accusation just theoretical what could happen.0 -
You can't set it aside. Satisfying a CCJ does not allow it to be removed, merely marked as satisfied. They'd sent you letters at your address when you were living there and you didn't inform them of your move.I can't prove that they didn't try to track me down or that they even knew I had moved.
They don't have to try to track you down. They are only legally required to send correspondence and serve notices at the last address they have on file for you, the onus is on the debtor to notify the creditor of a change of address.
They'll mark the CCJ as satisfied but its there for the next 6 years I'm afraid.
At least looking on the bright side you now know to take what people say on the internet about ignoring parking company letters with a pinch of salt and that despite what these clowns claim, parking companies can and do take people to court.0 -
You've admitted you chose to ignore the tickets and "threats" of a CCJ and look what's happened?
Will you stand up in court and say that as your defence?
You've paid it now, so it will be there for the next 6 years - you will need to speak to a broker that deals with adverse credit histories for your mortgage
CCJ was never on my radar there were threats of court action, which I was happy for them to proceed with and I would have gone on the given date. There had been a 3 month period of no contact so I wrongly assumed it had been dropped and thought no more of it, moved and in the meantime they must have sent out a letter with a court date on it which I never observed.
It was common advice when I read through numerous forums previously to ignore all communication from these private parking companies, as the PCN is no more than an invoice and their at no loss.
It was a mistake on my part looking back, I'm merely trying to determine if there is anyway now I'm aware of the CCJ, and now I have satisfied it that I could have it removed from my credit file?
From this it sounds like if you satisfy a CCJ its impossible to have it removed until it expires from the file?
I hope this isn't the case, I assume there may have been some order to have it removed as long as it is satisfied.0 -
At least you've settled it now.0
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You can't set it aside. Satisfying a CCJ does not allow it to be removed, merely marked as satisfied. They'd sent you letters at your address when you were living there and you didn't inform them of your move.
They don't have to try to track you down. They are only legally required to send correspondence and serve notices at the last address they have on file for you, the onus is on the debtor to notify the creditor of a change of address.
They'll mark the CCJ as satisfied but its there for the next 6 years I'm afraid.
At least looking on the bright side you now know to take what people say on the internet about ignoring parking company letters with a pinch of salt and that despite what these clowns claim, parking companies can and do take people to court.
It worked for the other 4 or 5 PCN's the same company sent through which they dropped each time, this one bit me as I moved address and couldn't keep track of the progress of their usually empty threats.
I just wanted to know if I could set aside the CCJ, I now know I can't so it is what it is I guess.
A little naughty that both the Private parking company and bailiffs told me that I could file an order to remove the CCJ from file once it had been satisfied. I guess this is their job and II should have done my homework first however just wanted to settle my debt to them right there and then.0 -
CCJ was never on my radar there were threats of court action, which I was happy for them to proceed with and I would have gone on the given date. There had been a 3 month period of no contact so I wrongly assumed it had been dropped and thought no more of it, moved and in the meantime they must have sent out a letter with a court date on it which I never observed.
It was common advice when I read through numerous forums previously to ignore all communication from these private parking companies, as the PCN is no more than an invoice and their at no loss.
It was a mistake on my part looking back, I'm merely trying to determine if there is anyway now I'm aware of the CCJ, and now I have satisfied it that I could have it removed from my credit file?
From this it sounds like if you satisfy a CCJ its impossible to have it removed until it expires from the file?
I hope this isn't the case, I assume there may have been some order to have it removed as long as it is satisfied.
"Court Action" would be the issuing of a CCJ,
They would send the CCJ to your last known address and the address your vehicle was registered at at the time of the occurence.
You chose to ignore the letters and threats and decided to believe in what you read on the internet and in The Sun and now you have a CCJ.
Had you paid it, or not ignored the letters, then it wouldn't be on your credit history for the next 6 years.0 -
if I could set aside the CCJ, I now know I can't so it is what it is I guess.
A little naughty that both the Private parking company and bailiffs told me that I could file an order to remove the CCJ from file once it had been satisfied. I guess this is their job and II should have done my homework first however just wanted to settle my debt to them right there and then.
This is true - you could apply for a certificate of satisfaction to have it removed - had you paid it within 30 days of being issued.
But that's not the case so that won't apply here0 -
"Court Action" would be the issuing of a CCJ,
They would send the CCJ to your last known address and the address your vehicle was registered at at the time of the occurence.
You chose to ignore the letters and threats and decided to believe in what you read on the internet and in The Sun and now you have a CCJ.
Had you paid it, or not ignored the letters, then it wouldn't be on your credit history for the next 6 years.
i don't read the sun I'm not ignorant.
Uneducated on this subject, resulting in me getting a CCJ? Definitely. Contrary to what it may have sounded like I'm making no excuses for that. I was in the wrong and i've learnt a little more about how all this works.
It can't be removed from my credit file and in future if I get a parking fine i'll handle it in a completely different way.
Thanks all for the facts around CCJ's0
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