CCJ sent to old address - want to pay off in one go

beyond92 · 14 April 2018 at 5:48PM

Hi,

I did have another thread but this is taking the discussion down a different route - I wondered if I could get some advice.

A CCJ went to my old address in January. This week I received a letter from Lowell saying that I had CCJ Arrears and to set up a payment plan to avoid enforcement.

I didn't see the original CCJ as it went to an old address. However I have read that if you pay off the CCJ within 30 days it goes off of your credit file completely. I obviously have missed the 30 day deadline because I never saw it.

Now - I'd like to pay it off in one go to avoid it going on my file but how can I achieve this on the grounds that I never saw the original CCJ? Can they do something that will allow the judgement date to change to this month, so I can pay it off within 30 days on the grounds that I never saw the CCJ?

Any advice would be massively appreciated as I'd like to get this sorted ASAP without it dragging out over months and affecting me for years to come.

sourcrates · 14 April 2018 at 6:12PM

Hi,

You can apply for a set aside motion, however only certain circumstances will be taken into consideration.

The main reason a court will set aside a judgment if there has been a mistake, such as a default judgment when you had sent back the form asking for more time.

If you did not get the papers, the court will expect you to prove you had given the creditor your new address.

Likewise, if you missed the hearing, the court will want a good reason before setting the judgment aside.

If you do not meet this criteria, then you will be wasting the £255.00 court fee.

beyond92 · 14 April 2018 at 6:21PM

Thanks for the quick reply.

I didn't give the creditor my new address. Tbh I totally forgot about the whole thing as it was almost 6 years ago.

I'm guessing because of this I basically do not have a leg to stand on?

I'm going to contact Lowell and the court separately to see if anything can be done as I'm willing to pay it off in full to get it sorted but obviously don't want the CCJ on file if possible.

sourcrates · 14 April 2018 at 9:24PM

Unfortunately I think your stuck with it.

National_Debtline · 16 April 2018 at 12:55PM

Hi beyond92

Unfortunately the CCJ is going to be recorded on your credit file for 6 years unless you can successfully have it set aside. To agree to this the court usually wants to know that you have acted promptly on finding out about the CCJ, and you have a real chance of successfully defending the claim.

Not receiving the court papers isn't usually enough grounds alone for a set aside, unless you could show that the claimant knowingly sent court papers to the wrong address, or if they should reasonably have known you had moved and could trace you elsewhere.

As you did not inform the claimant you had moved this could be risky, and the process is expensive. It's £255 to apply (you may get a remission if you are on a low income) and you may incur costs if your application is not successful.

Susie
@natdebtline

beyond92 · 18 April 2018 at 2:09PM

National_Debtline wrote: »

Hi beyond92

Unfortunately the CCJ is going to be recorded on your credit file for 6 years unless you can successfully have it set aside. To agree to this the court usually wants to know that you have acted promptly on finding out about the CCJ, and you have a real chance of successfully defending the claim.

Not receiving the court papers isn't usually enough grounds alone for a set aside, unless you could show that the claimant knowingly sent court papers to the wrong address, or if they should reasonably have known you had moved and could trace you elsewhere.

As you did not inform the claimant you had moved this could be risky, and the process is expensive. It's £255 to apply (you may get a remission if you are on a low income) and you may incur costs if your application is not successful.

Susie
@natdebtline

Thanks.

Well, they did finally find out my address to send me the arrears warning letter. So to me that tells me they did have means of finding out my new address. would this stand in court?

I have also read other accounts of people mentioning that you will consider a set aside can sometimes lead to them agreeing to settle it out of court (with no CCJ and paid in full) so I am going down this route with the hope they’ll want to drop it for the sake of getting their money early.

Going to do everything I can to avoid it given that I am hoping to move out and rent this summer.

marliepanda · 18 April 2018 at 3:11PM

beyond92 wrote: »

Thanks.

Well, they did finally find out my address to send me the arrears warning letter. So to me that tells me they did have means of finding out my new address. would this stand in court?

I have also read other accounts of people mentioning that you will consider a set aside can sometimes lead to them agreeing to settle it out of court (with no CCJ and paid in full) so I am going down this route with the hope they’ll want to drop it for the sake of getting their money early.

Going to do everything I can to avoid it given that I am hoping to move out and rent this summer.

You already have a CCJ. How can they 'drop it'

The onus is on you to give your address to your creditors, you cant blame them for not putting in enough effort to find you. No it won't stand in court. Take some responsibility.

Westie983 · 18 April 2018 at 4:59PM

beyond92 wrote: »

Hi,

I did have another thread but this is taking the discussion down a different route - I wondered if I could get some advice.

A CCJ went to my old address in January. This week I received a letter from Lowell saying that I had CCJ Arrears and to set up a payment plan to avoid enforcement.

I didn't see the original CCJ as it went to an old address. However I have read that if you pay off the CCJ within 30 days it goes off of your credit file completely. I obviously have missed the 30 day deadline because I never saw it.

Now - I'd like to pay it off in one go to avoid it going on my file but how can I achieve this on the grounds that I never saw the original CCJ? Can they do something that will allow the judgement date to change to this month, so I can pay it off within 30 days on the grounds that I never saw the CCJ?

Any advice would be massively appreciated as I'd like to get this sorted ASAP without it dragging out over months and affecting me for years to come.

If its past the 30 days is the CCJ already applied to your record, and you need to wait 6 years for it to drop off.

The date of the CCJ cant be changed (as far as I know after the 30days) as its already been applied.

Unless I am missing something?

Westie983

beyond92 · 19 April 2018 at 11:41AM

marliepanda wrote: »

You already have a CCJ. How can they 'drop it'

The onus is on you to give your address to your creditors, you cant blame them for not putting in enough effort to find you. No it won't stand in court. Take some responsibility.

I am taking responsibility hence this thread and my other thread. However like any sane person if I can get the best solution for myself and the creditor then I will seek it.

You should learn to offer advice without being rude. Every single other helpful person on this forum has managed it, except for you.

People are stressed and it isn’t helped by someone replying with a passive aggressive tone. Don’t bother replying to me, there are plenty of more helpful and understanding folk here that I would rather hear from

beyond92 · 19 April 2018 at 11:43AM

Westie983 wrote: »

If its past the 30 days is the CCJ already applied to your record, and you need to wait 6 years for it to drop off.

The date of the CCJ cant be changed (as far as I know after the 30days) as its already been applied.

Unless I am missing something?

Westie983

Thanks mate

I am just gonna have to take it on the chin I think. Don’t want to waste money on a failed set aside. I’ve set up a direct debit to pay it off. This will just have to go down as one of life’s many learning curves!

National_Debtline · 19 April 2018 at 12:17PM

beyond92 wrote: »

Thanks.

Well, they did finally find out my address to send me the arrears warning letter. So to me that tells me they did have means of finding out my new address. would this stand in court?

I have also read other accounts of people mentioning that you will consider a set aside can sometimes lead to them agreeing to settle it out of court (with no CCJ and paid in full) so I am going down this route with the hope they’ll want to drop it for the sake of getting their money early.

Going to do everything I can to avoid it given that I am hoping to move out and rent this summer.

Hi again beyond92

Ultimately it will come down to the court to decide whether the claimant has acted reasonably. If the claimant should have known you had moved, they should also have taken reasonable steps to find you. But how they should have known and what steps were reasonable is open to interpretation.

I would recommend seeking legal advice first if you can, this will hopefully minimise the chances of you incurring unnecessary costs. If you search online for law clinics and law centres you may be able to find some free legal advice in your local area.

With regards to mentioning the set aside to the claimant and settling the debt, that might be possible but the CCJ remains on your credit file for 6 years unless the court agrees to a set aside application (or you pay the CCJ within one month of it being made). I hope it all goes well.

Susie
@natdebtline

CCJ sent to old address - want to pay off in one go

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