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  • FIRST POST
    • beyond92
    • By beyond92 14th Apr 18, 5:48 PM
    • 13Posts
    • 1Thanks
    beyond92
    CCJ sent to old address - want to pay off in one go
    • #1
    • 14th Apr 18, 5:48 PM
    CCJ sent to old address - want to pay off in one go 14th Apr 18 at 5:48 PM
    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.
Page 1
    • sourcrates
    • By sourcrates 14th Apr 18, 6:12 PM
    • 13,727 Posts
    • 13,063 Thanks
    sourcrates
    • #2
    • 14th Apr 18, 6:12 PM
    • #2
    • 14th Apr 18, 6:12 PM
    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.
    Last edited by sourcrates; 14-04-2018 at 6:14 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • beyond92
    • By beyond92 14th Apr 18, 6:21 PM
    • 13 Posts
    • 1 Thanks
    beyond92
    • #3
    • 14th Apr 18, 6:21 PM
    • #3
    • 14th Apr 18, 6:21 PM
    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
    • By sourcrates 14th Apr 18, 9:24 PM
    • 13,727 Posts
    • 13,063 Thanks
    sourcrates
    • #4
    • 14th Apr 18, 9:24 PM
    • #4
    • 14th Apr 18, 9:24 PM
    Unfortunately I think your stuck with it.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
  • National Debtline
    • #5
    • 16th Apr 18, 12:55 PM
    • #5
    • 16th Apr 18, 12:55 PM
    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
    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
    • beyond92
    • By beyond92 18th Apr 18, 2:09 PM
    • 13 Posts
    • 1 Thanks
    beyond92
    • #6
    • 18th Apr 18, 2:09 PM
    • #6
    • 18th Apr 18, 2:09 PM
    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
    Originally posted by National Debtline
    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
    • By marliepanda 18th Apr 18, 3:11 PM
    • 5,465 Posts
    • 11,330 Thanks
    marliepanda
    • #7
    • 18th Apr 18, 3:11 PM
    • #7
    • 18th Apr 18, 3:11 PM
    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.
    Originally posted by beyond92
    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
    • By Westie983 18th Apr 18, 4:59 PM
    • 4,279 Posts
    • 14,817 Thanks
    Westie983
    • #8
    • 18th Apr 18, 4:59 PM
    • #8
    • 18th Apr 18, 4:59 PM
    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.
    Originally posted by beyond92
    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
    Save 12k in 2018 #10 Total (£25,000)+£10,000/£12,000 = 83.33%
    Sealed Pot Challenge ~ 11 #97 Total (£410) + £10/£800 = 1.25% ( x 11)
    Xmas 2018 £1 a Day #2 Total £62.59/£365 = 17.14%
    Virtual Sealed Pot #1 Total £600/£1,000 = 60.00%
    £2 Savers Club 2018 #16 Total (£1,500)+-486/£2,000 = 50.70%

    Total £10,686.59/£16,165 = 66.10%

    I'm a Board Guide on Budgeting & Bank Accounts, Debt-Free Wannabe, Disability Money Matters, and Savings & Investments. I'm a volunteer helping the boards run smoothly, but I'm not a moderator, and do not read all posts. If you see an inappropriate/illegal post then email forumteam@moneysavingexpert.com
    • beyond92
    • By beyond92 19th Apr 18, 11:41 AM
    • 13 Posts
    • 1 Thanks
    beyond92
    • #9
    • 19th Apr 18, 11:41 AM
    • #9
    • 19th Apr 18, 11:41 AM
    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.
    Originally posted by marliepanda
    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
    • By beyond92 19th Apr 18, 11:43 AM
    • 13 Posts
    • 1 Thanks
    beyond92
    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
    Originally posted by 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
    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.
    Originally posted by beyond92

    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
    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
    • GM1880
    • By GM1880 19th Apr 18, 3:46 PM
    • 122 Posts
    • 40 Thanks
    GM1880
    I've set aside a CCJ recently and went through all sorts of permutations.

    If you're happy to risk £255, then it may be worth an application, but your only chance of success I think would be to do it with the consent of the claimant, so essential offer to settle the debt on the condition that they agree to consent to set aside the CCJ as a condition of you settling the debt in full. It's a long shot I think, but in all likelihood your only chance of getting rid of the CCJ.

    One thing to bear in mind if you go down this route is to keep it quiet that you're doing this. Based on my experience and research you still need the judge to set it aside, but if both Claimant and Defendant consent then they'e unlikely to look at it in great detail. BUT, a judge is likely not to grant it if there's any hint of you doing this for credit repair...which is ridiculous really given any application to set aside a CCJ is for credit repair even if it's a balls up by the claimant. But, don't let the judge know you're doing it for that purpose of the judge is less likely to set it aside.
    • beyond92
    • By beyond92 20th Apr 18, 1:17 PM
    • 13 Posts
    • 1 Thanks
    beyond92
    I've set aside a CCJ recently and went through all sorts of permutations.

    If you're happy to risk £255, then it may be worth an application, but your only chance of success I think would be to do it with the consent of the claimant, so essential offer to settle the debt on the condition that they agree to consent to set aside the CCJ as a condition of you settling the debt in full. It's a long shot I think, but in all likelihood your only chance of getting rid of the CCJ.

    One thing to bear in mind if you go down this route is to keep it quiet that you're doing this. Based on my experience and research you still need the judge to set it aside, but if both Claimant and Defendant consent then they'e unlikely to look at it in great detail. BUT, a judge is likely not to grant it if there's any hint of you doing this for credit repair...which is ridiculous really given any application to set aside a CCJ is for credit repair even if it's a balls up by the claimant. But, don't let the judge know you're doing it for that purpose of the judge is less likely to set it aside.
    Originally posted by GM1880
    Thanks for the advice, this is what I had in mind. I have compiled a letter that I hope to send off today. Any feedback welcome

    Hi,

    I am writing to you regarding a CCJ with the reference number xxxxxxxxxx.

    On the xth April 2018 I received a letter stating that I was in arrears with a CCJ for the total of £xxx. I have since been in touch to begin a payment plan to get this rectified.

    Unfortunately I had not received any documentation regarding this CCJ prior to the arrears letter that I received on the xth April 2018, therefore I was never in the knowledge of it existing until I was in arrears. Had I known about this earlier I would’ve resolved this much earlier.

    In the interests of both parties, I would like to conclude the matter as soon as possible and would be willing to pay off in one lump sum and settle the debt, on the condition that you would consent to the CCJ being set aside. I feel that this would be the speediest and most convenient solution for all, as I want to work with you to get this resolved as a matter of urgency.

    I hope to hear back from you soon regarding this matter and hope that we can come to a quick resolution.

    Yours sincerely
    • sourcrates
    • By sourcrates 20th Apr 18, 2:29 PM
    • 13,727 Posts
    • 13,063 Thanks
    sourcrates
    You do not start a letter with the word "Hi" !!!!!

    I have edited it slightly for you to include more relevant info..


    Dear Sirs,

    I write in regard to a County Court Judgement, with the following reference number xxxxxxxxxx.

    On the xth April 2018 I received a letter from you stating I was in arrears with a CCJ payment for the total of £xxx. I have since been in touch to begin a payment plan to get this rectified.

    Unfortunately I did not receive the claim form, or any pre-action letters from you, prior to judgement in default been made, I understand this is not in line with the pre-action protocol, I can only assume they were sent to a previous address.

    In the interests of both parties, I would like to conclude the matter as soon as possible and would be willing to pay off the debt in one lump sum, on the condition that you would consent to the CCJ being set aside. I feel that this would be the speediest and most convenient solution for all, as I want to work with you to get this resolved as a matter of urgency.

    I hope to hear back from you soon and hope that we can come to a quick resolution.

    Yours sincerely


    I wish you the best of luck with that, please let us know how you get on.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • beyond92
    • By beyond92 20th Apr 18, 3:00 PM
    • 13 Posts
    • 1 Thanks
    beyond92
    You do not start a letter with the word "Hi" !!!!!

    I have edited it slightly for you to include more relevant info..


    Dear Sirs,

    I write in regard to a County Court Judgement, with the following reference number xxxxxxxxxx.

    On the xth April 2018 I received a letter from you stating I was in arrears with a CCJ payment for the total of £xxx. I have since been in touch to begin a payment plan to get this rectified.

    Unfortunately I did not receive the claim form, or any pre-action letters from you, prior to judgement in default been made, I understand this is not in line with the pre-action protocol, I can only assume they were sent to a previous address.

    In the interests of both parties, I would like to conclude the matter as soon as possible and would be willing to pay off the debt in one lump sum, on the condition that you would consent to the CCJ being set aside. I feel that this would be the speediest and most convenient solution for all, as I want to work with you to get this resolved as a matter of urgency.

    I hope to hear back from you soon and hope that we can come to a quick resolution.

    Yours sincerely


    I wish you the best of luck with that, please let us know how you get on.
    Originally posted by sourcrates
    Oh dear was in email mode as just compiled it at work quickly! I would’ve spotted that, honest.

    Thanks for the feedback will provide an update as soon as.
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