Unknown CCJ to Old Address Leading to Mortgage Decline

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Comments

  • I was told that paying the claim wouldn't make any difference in terms of getting it set aside, was I misinformed? :(

    I don't dispute the money owed, hence just paying it off as soon as I was made aware.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
    Name Dropper First Anniversary First Post
    I think you can still apply for a set aside.

    However the fact you got the car collected from your new address may not be sufficient grounds - generally they will collect from any address you request.

    Did you actually tell them you had moved address? Surely you would expect some sort of paperwork after handing the car back? In the absence of this why didn't you chase it up?

    These are the sort of questions a court would want answered before granting a set aside.
  • Asnu
    Asnu Posts: 13 Forumite
    edited 16 June 2018 at 10:54AM
    ...

    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....
    ...
    I don't dispute the money owed, hence just paying it off as soon as I was made aware.

    Two Hopes - one is called Bob!

    Set aside applications are normally only acceded to only where there is a realistic prospect of successfully defending the claim.
    With your admission here that does not apply.

    ...
    Second question, am I likely to find a mortgage somewhere (not necessarily Barclays) with this on my record?...

    There are lenders who will consider lending to those with adverse credit histories, including a CCJ.
    Consult a mortgage broker, preferably one with good experience of arranging mortgages for those with adverse credit history.

    Expect to pay through the nose, at least initially. You could always then remortgage after Feb 2023 to get a lower interest rate. :)
  • GM1880
    GM1880 Posts: 169 Forumite
    PPI Party Pooper
    There’s a misconception in this thread and others that you cannot dispute a default judgement if the creditor has been paid. You absolutely can and if anything shows you in a good light to the judge.

    If your set aside application is based on your claim that the debt isn’t owed that’s one thing, but in an instance like this where there is a dispute regarding the process, you absolutely can set aside the claim.
  • Quentin
    Quentin Posts: 40,405 Forumite
    I was told that paying the claim wouldn't make any difference in terms of getting it set aside, was I misinformed? :(

    I don't dispute the money owed, hence just paying it off as soon as I was made aware.

    No-one here advised that.

    You tell us that you don't dispute the debt and thus have no defence that hasn't been aired!

    But you can certainly be hopeful a set aside by consent will succeed assuming the claimant will consent.

    If done properly it's a rubber stamping matter and will cost £100 in Court fee

    But as advised previously you need to get up to speed on how to set about this

    Read up on line on "set aside by consent" (different animal than "set aside")
  • Asnu
    Asnu Posts: 13 Forumite
    I agree, there are misconceptions in this thread ;)

    To apply for a set aside, the OP would need to complete and file form N244, and pay the appropriate fee which is £255.
    If it is not paid in full, then the application will not even be considered.

    There is a possibility in some cases of a set aside by consent for the amount of £100
    Where consent is obtained, yes it is essentially a rubber stamping exercise by the court. (although it is still the court, not the claimant, who decides whether or for to grant the set aside. Even with consent, a set aside application is not guaranteed to succeed.). This can only be achieved if both parties are legally represented (more cost!)
    Where even one party is not legally respresented, the application must be reviewed by the judge.

    However, in this case I understood the OP has already paid the sum claimed; the sum claimed not being in dispute.
    Where the claimed sum has already been paid, the set aside application must always be reviewed by the judge.

    And as I said before, set aside applications are normally only acceded to only where there is a realistic prospect of successfully defending the claim.

    Moreover, why on earth would the claimant consent to a set aside in this case?
    The usual reason consent is given by a claimant is because they want their money sooner rather than later (such as after the time and expense of a hearing), and certainly to avoid possible further costs and aggravation of seeking enforcement action.
    So the claimant agrees to a set aside by consent, in exchange for immediate payment, rather than having to pay & wait for a hearing where the claimant may ultimately fail in their attempt ... or if they succeed, the defendant still may not pay up.

    In this case, after what seems like many years (the judgement was entered Feb 2017, but it seems the OP moved out of the property at least 3-4yrs ago, so presumably returned the car before then) the claimant now has their money in full.
    There is no reason for the claimant to co-operate with the defendant in this case in their request for a consent to set aside.

    As you were invited to do, you can read up youself on 'a set aside by consent'.
    Here's quite a good explanation:
    https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/
  • nic_c
    nic_c Posts: 2,928 Forumite
    Name Dropper First Post First Anniversary
    Consent for set aside is highly unlikely unless there is a good reason, for instance the claimant had made some error - the promise of paying in full rarely works for those who may deal with many cases. However if it can be shown that the vendor new the updated address then higher chance for set-aside being valid. Can this be proved?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Misleading advice:

    Both parties do not have to have legal representation for a set aside by consent!

    As long as the claimant agrees - and why wouldn't they in this case - the defendant paid as soon as possible after becoming aware!

    (Though if the C won't agree then it's game over)

    Misleading advice:

    Set aside by consent does not require the C to admit making "some error"!

    OP do your own research on this to clear up the confusion that the conflicting advice you are getting here must be causing you
  • Update for anyone who reads this in the future - I ended up going to Simply Adverse who have successfully arranged me a mortgage with Halifax despite the CCJ (via an appeal) and at a very good interest rate. Would highly recommend Simply, they aren't cheap but the service has been great.


    I'm planning to go back to my initial mortgage broker who was unable to secure me a mortgage, and ask for a refund of the £200 upfront fee I paid. Is this reasonable? Not only did they fail to find me a mortgage, they also specifically told me not to bother trying anywhere else as no one would be able to help me. Very glad I ignored their advice!
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