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    • biggysmaller
    • By biggysmaller 6th Aug 18, 3:29 PM
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    biggysmaller
    Section 21 and CCJ due to fees - help please
    • #1
    • 6th Aug 18, 3:29 PM
    Section 21 and CCJ due to fees - help please 6th Aug 18 at 3:29 PM
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would be rehoused if I intentionally made myself homeless. Even the landlord recommended this!
    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.
    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of 355 - Fair enough. However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.
    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?
Page 1
    • Comms69
    • By Comms69 6th Aug 18, 3:32 PM
    • 5,754 Posts
    • 5,940 Thanks
    Comms69
    • #2
    • 6th Aug 18, 3:32 PM
    • #2
    • 6th Aug 18, 3:32 PM
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would be rehoused if I intentionally made myself homeless. Even the landlord recommended this!
    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.
    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of 355 - Fair enough. However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.
    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?
    Originally posted by biggysmaller
    It wouldn't have been a CCJ if you'd paid it....


    You didn't. What did you expect would happen?


    You get a CCJ for NOT PAYING. Nothing to do with staying in the property etc.
    • G_M
    • By G_M 6th Aug 18, 3:35 PM
    • 46,140 Posts
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    G_M
    • #3
    • 6th Aug 18, 3:35 PM
    • #3
    • 6th Aug 18, 3:35 PM
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would NOT be rehoused if I intentionally made myself homeless. Even the landlord recommended this!


    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.




    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of 355 - Fair enough.

    Presumably the judge agreed and awarded this?


    Did you pay it?



    However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.

    I assume you did not pay the money the court odered you to pay.


    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?
    Originally posted by biggysmaller
    Yes - if you fail to pay what the court order you to pay.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 3:37 PM
    • 100 Posts
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    biggysmaller
    • #4
    • 6th Aug 18, 3:37 PM
    • #4
    • 6th Aug 18, 3:37 PM
    I paid one installment and then filed for a DRO. There shouldn't be a default on the fee whatsoever!
    I informed the landlord and the court that I was filing a DRO!
    It was only when I checked my credit history today that I saw a CCJ.
    What do I do?
    • Comms69
    • By Comms69 6th Aug 18, 3:46 PM
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    Comms69
    • #5
    • 6th Aug 18, 3:46 PM
    • #5
    • 6th Aug 18, 3:46 PM
    I paid one installment and then filed for a DRO. There shouldn't be a default on the fee whatsoever!
    I informed the landlord and the court that I was filing a DRO!
    It was only when I checked my credit history today that I saw a CCJ.
    What do I do?
    Originally posted by biggysmaller
    You have 28 days to pay.


    Instalments, unless that is what the court ordered, don't count.


    Nothing you can do, you failed to pay the court order.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 3:50 PM
    • 100 Posts
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    biggysmaller
    • #6
    • 6th Aug 18, 3:50 PM
    • #6
    • 6th Aug 18, 3:50 PM
    The judge agreed on a 20.00 per month repayment. I never defaulted on this - so why the CCJ? This seems wholly infair!
    • Comms69
    • By Comms69 6th Aug 18, 3:52 PM
    • 5,754 Posts
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    Comms69
    • #7
    • 6th Aug 18, 3:52 PM
    • #7
    • 6th Aug 18, 3:52 PM
    The judge agreed on a 20.00 per month repayment. I never defaulted on this - so why the CCJ? This seems wholly infair!
    Originally posted by biggysmaller
    And this is set out in the court order?


    Typically the claimant would have to agree too.


    (unless you mean the judge for the DRO?)
    • biggysmaller
    • By biggysmaller 6th Aug 18, 3:57 PM
    • 100 Posts
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    biggysmaller
    • #8
    • 6th Aug 18, 3:57 PM
    • #8
    • 6th Aug 18, 3:57 PM
    And this is set out in the court order?


    Typically the claimant would have to agree too.


    (unless you mean the judge for the DRO?)
    Originally posted by Comms69
    Yes, we all agreed that this sum was affordable for me and this was formalised by the judge. I paid one installment and then filed for a DRO.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 3:58 PM
    • 100 Posts
    • 17 Thanks
    biggysmaller
    • #9
    • 6th Aug 18, 3:58 PM
    • #9
    • 6th Aug 18, 3:58 PM
    You have 28 days to pay.


    Instalments, unless that is what the court ordered, don't count.


    Nothing you can do, you failed to pay the court order.
    Originally posted by Comms69
    The court ordered that I pay in installments.
    • G_M
    • By G_M 6th Aug 18, 3:59 PM
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    G_M
    Just to pay devil's advocate for a moment, what would be unfair would be the landlord being out of pocket for the 355 court fee.
    • Comms69
    • By Comms69 6th Aug 18, 4:01 PM
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    Comms69
    Yes, we all agreed that this sum was affordable for me and this was formalised by the judge. I paid one installment and then filed for a DRO.
    Originally posted by biggysmaller
    The court ordered that I pay in installments.
    Originally posted by biggysmaller


    I apologize I confused DRO and DMP.


    I assume you didn't actually pay the instalments, since a DRO can only be granted in extreme circumstances, and lasts 12 months.


    SO you didn't pay it, you got a CCJ.
    • sal_III
    • By sal_III 6th Aug 18, 4:03 PM
    • 668 Posts
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    sal_III
    I paid one installment and then filed for a DRO. There shouldn't be a default on the fee whatsoever!
    I informed the landlord and the court that I was filing a DRO!
    It was only when I checked my credit history today that I saw a CCJ.
    What do I do?
    Originally posted by biggysmaller
    Someone correct me if I'm wrong but doesn't DRO stay on the credit file for 6 years too, just like the CCJ? In which case does it really matter?
    • Comms69
    • By Comms69 6th Aug 18, 4:06 PM
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    Comms69
    Someone correct me if I'm wrong but doesn't DRO stay on the credit file for 6 years too, just like the CCJ? In which case does it really matter?
    Originally posted by sal_III
    no, it's 18 months.


    12 Months active, 6 not active but recorded
    • sal_III
    • By sal_III 6th Aug 18, 4:10 PM
    • 668 Posts
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    sal_III
    no, it's 18 months.


    12 Months active, 6 not active but recorded
    Originally posted by Comms69
    That's not what Stepchange website says:

    Does a DRO affect my credit file?
    A debt relief order will stay on your credit file for six years from the date it's approved. This may make it difficult to take out credit during this time.
    • Comms69
    • By Comms69 6th Aug 18, 4:12 PM
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    Comms69
    That's not what Stepchange website says:
    Originally posted by sal_III
    Spot on, we're both (sort of) right


    http://www.debtadvicefoundation.org/questions/debt-relief-order-credit-score


    basically it's active for 12 months, on the register for a further 3 (not 6 like I claimed)


    and credit agencies will report for 6 years.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:14 PM
    • 100 Posts
    • 17 Thanks
    biggysmaller
    Just to pay devil's advocate for a moment, what would be unfair would be the landlord being out of pocket for the 355 court fee.
    Originally posted by G_M
    "
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would be rehoused if I intentionally made myself homeless. Even the landlord recommended this!
    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.
    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of 355 - Fair enough. However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.
    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?"

    I was waiting for someone to add a comment like yours. Read the OP.
    • Comms69
    • By Comms69 6th Aug 18, 4:15 PM
    • 5,754 Posts
    • 5,940 Thanks
    Comms69
    "
    Last year my old landlord issued an S21 notice on a flat I was in due to them selling it on.
    I was advised by a Housing Trust to stay in the property until I was evicted due to the fact that I would be rehoused if I intentionally made myself homeless. Even the landlord recommended this!
    A Court hearing date was set, however, on the same day as the hearing date, I had found a place to move in to. I still attended the hearing and explained everything to the judge.
    Now, this is the part that I am miffed about. The landlord asked the judge that I pay the Possession Order fee of 355 - Fair enough. However, I I have found out since that this was a CCJ! - It hardly seems fair that it will be on my credit file for 6 years when everyone advised me to stay.
    Is there any way to remove this from my record? And it correct to receive a CCJ from a possession order fee?"

    I was waiting for someone to add a comment like yours. Read the OP.
    Originally posted by biggysmaller
    But you didn't pay the 355......


    Saying fair enough doesn't mean anything
    • sal_III
    • By sal_III 6th Aug 18, 4:16 PM
    • 668 Posts
    • 678 Thanks
    sal_III
    Yes, we all agreed that this sum was affordable for me and this was formalised by the judge. I paid one installment and then filed for a DRO.
    Originally posted by biggysmaller
    Isn't this "formalised by the judge" part effectively the CCJ?
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:19 PM
    • 100 Posts
    • 17 Thanks
    biggysmaller
    Spot on, we're both (sort of) right


    http://www.debtadvicefoundation.org/questions/debt-relief-order-credit-score


    basically it's active for 12 months, on the register for a further 3 (not 6 like I claimed)


    and credit agencies will report for 6 years.
    Originally posted by Comms69
    A DRO is listed on the Insolvency Service website for 15 months - however it will on your credit file for 6 years.
    I have a Court Order which was agreed at the time of the Possession Order stating that I pay back the sum of 20.00 per month.
    So does it not matter that the all parites agreed to this? yet I still receive CCJ?
    • Comms69
    • By Comms69 6th Aug 18, 4:19 PM
    • 5,754 Posts
    • 5,940 Thanks
    Comms69
    A DRO is listed on the Insolvency Service website for 15 months - however it will on your credit file for 6 years.
    I have a Court Order which was agreed at the time of the Possession Order stating that I pay back the sum of 20.00 per month.
    So does it not matter that the all parites agreed to this? yet I still receive CCJ?
    Originally posted by biggysmaller
    But you didn't pay 20 a month did you?
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