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    • Amh11
    • By Amh11 10th Apr 18, 9:22 PM
    • 5Posts
    • 0Thanks
    Amh11
    CCJ satisfy or set aside
    • #1
    • 10th Apr 18, 9:22 PM
    CCJ satisfy or set aside 10th Apr 18 at 9:22 PM
    Hi People,
    I am seeking a bit of advice re next steps regarding a CCJ. I received in May 17 for 197. I only became aware of this when i recently checked my credit history. It turns out it was due to a fine for overstaying in a retail car park..
    Stupidly, I gave this to my former partner to pay, we broke up shortly after. I never received any notification from the Court or a judgment letter. so had no idea this was out there.
    I have now paid this but i am fuming at the damage to my credit rating. Is it worth applying for a set aside? To do this would cost more than the debt itself & I am sure the Courts hear 'I never got the letter' practically hourly.
    Do I just suck it up for the next 5 years or would I be throwing good money after bad trying to set this aside?
    Apart from this I have no late or missed payments on my file, the only negative i have is that I have been over my credit card limit for the past few months. I intend to clear this very shortly (thanks for the PPI advice MSE).
    Advice & suggestions much apprecatied.
Page 1
    • sourcrates
    • By sourcrates 10th Apr 18, 11:18 PM
    • 15,278 Posts
    • 14,367 Thanks
    sourcrates
    • #2
    • 10th Apr 18, 11:18 PM
    • #2
    • 10th Apr 18, 11:18 PM
    Hi,

    You cannot easily set aside a judgement that has already been paid.

    The whole idea of a set aside application is because you have some kind of dispute about the debt, either its not your debt, or you disagree with the amount of the judgement order, or you were denied a proper defence the first time round.

    By paying the judgement, you have accepted liability, that the debt is yours and correctly owed, therefore a set aside would be very difficult under these circumstances.
    Last edited by sourcrates; 11-04-2018 at 9:21 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

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    • GM1880
    • By GM1880 11th Apr 18, 1:26 AM
    • 155 Posts
    • 59 Thanks
    GM1880
    • #3
    • 11th Apr 18, 1:26 AM
    • #3
    • 11th Apr 18, 1:26 AM
    Sorry can!!!8217;t but that!!!8217;s not accurate. Of course you can set aside a CCJ that!!!8217;s been paid. I!!!8217;ve just had a set aside for something I had paid off.

    Granted there are specific circumstances in which you could, but to say iu!!!8217;s impossible is just not accurate.

    The question is, is there a reason why you didn!!!8217;t reply to the original fine or more importantly the notice of a CCJ application from the claimant. Or if the original fine unwarranted?
    • Tarambor
    • By Tarambor 11th Apr 18, 12:28 PM
    • 3,567 Posts
    • 2,635 Thanks
    Tarambor
    • #4
    • 11th Apr 18, 12:28 PM
    • #4
    • 11th Apr 18, 12:28 PM
    You received the penalty charge from the parking company so the address they had for you was correct. Unless you moved you would have received letters. There would have been at least three, possibly four by the time this was all done with with some sent from the parking ticket company, some from the court so claiming none arrived in the post is going to be stretching things a bit far.

    Your only defence for a set aside would be if you had moved house between first contact and the court sending out paperwork notifying you of a hearing and asking for your defence.
    • Wizardly18
    • By Wizardly18 11th Apr 18, 2:08 PM
    • 4 Posts
    • 2 Thanks
    Wizardly18
    • #5
    • 11th Apr 18, 2:08 PM
    • #5
    • 11th Apr 18, 2:08 PM
    A satisfied CCJ looks better than a unsatisfied one, but either way it will remain on your credit report now for 6 years from the date of judgement.
  • National Debtline
    • #6
    • 11th Apr 18, 3:08 PM
    • #6
    • 11th Apr 18, 3:08 PM
    Hi Amh11


    I agree applying for a set aside in these circumstances could be very difficult. The court usually expects you to have a dispute over the debt to agree to this, although they can consider 'other good reasons'. Paying the debt implies you do not dispute it and the court wouldn't usually agree to a set aside just to improve your credit file.


    Not receiving court papers can be grounds for a set aside if you can show the claimant knowingly sent court papers to the wrong address and could not reasonably have traced you to a new address.


    Ultimately the choice is yours but as you point out the application fee is high (255 unless you qualify for a remission because you are on a low income) and you can incur further costs if your application is not successful.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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