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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 2
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:21 PM
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    biggysmaller
    But you didn't pay the £355......


    Saying fair enough doesn't mean anything
    Originally posted by Comms69
    What? The agreement was to pay £20 per month until the sum of £355 was paid - this was sanctioned by the Judge and Claimant. There was no Order to pay the sum of £355 within 28 days!
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:23 PM
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    biggysmaller
    But you didn't pay £20 a month did you?
    Originally posted by Comms69

    Erm, yes I did. Then the fee was listed on a DRO. No default. Get it?
    • Comms69
    • By Comms69 6th Aug 18, 4:26 PM
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    Comms69
    Erm, yes I did. Then the fee was listed on a DRO. No default. Get it?
    Originally posted by biggysmaller
    Are you actually serious?


    Do you think when you get a DRO a magic fairy comes and pays your debts?


    They're written off, that does not mean paid.
    • sal_III
    • By sal_III 6th Aug 18, 4:29 PM
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    sal_III
    What? The agreement was to pay £20 per month until the sum of £355 was paid - this was sanctioned by the Judge and Claimant. There was no Order to pay the sum of £355 within 28 days!
    Originally posted by biggysmaller
    I assume that since you were unable to pay the £355 within the 28 day period. it resulted in a CCJ to repay £20 per month until you clear the debt. You just didn't realise it at the time.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:32 PM
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    biggysmaller
    Are you actually serious?


    Do you think when you get a DRO a magic fairy comes and pays your debts?


    They're written off, that does not mean paid.
    Originally posted by Comms69
    There's always one on this board who prefers to argue than answer the question.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:33 PM
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    biggysmaller
    I assume that since you were unable to pay the £355 within the 28 day period. it resulted in a CCJ to repay £20 per month until you clear the debt. You just didn't realise it at the time.
    Originally posted by sal_III
    Thank you. Someone with some actual useful advice at last. It's like Mumsnet on here at times!.
    I had assumed that because all parties agreed to the installment judgment that this would avoid a CCJ.
    Last edited by biggysmaller; 06-08-2018 at 4:35 PM.
    • Comms69
    • By Comms69 6th Aug 18, 4:33 PM
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    Comms69
    There's always one on this board who prefers to argue than answer the question.
    Originally posted by biggysmaller

    ?? Im not arguing.


    I'm telling you, you didn't pay £355 to your landlord. It's as simple as that.


    Now you're complaining about the CCJ.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:38 PM
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    biggysmaller
    ?? Im not arguing.


    I'm telling you, you didn't pay £355 to your landlord. It's as simple as that.


    Now you're complaining about the CCJ.
    Originally posted by Comms69
    You were an argumentative type with your reference to fairies etc. That stuff is not okay with these boards. People looking for genuine financial advice could do without the sarcy remarks.
    • Comms69
    • By Comms69 6th Aug 18, 4:43 PM
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    Comms69
    You were an argumentative type with your reference to fairies etc. That stuff is not okay with these boards. People looking for genuine financial advice could do without the sarcy remarks.
    Originally posted by biggysmaller
    Feel free to report it.


    You wont give a straight answer to the question.


    So one last time: Did you pay the landlord £355?
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:43 PM
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    biggysmaller
    So to rephrase my question in light of some of the answers:

    Will a CCJ still appear on my history if there was no default on an Instalment Judgement Order?
    • biggysmaller
    • By biggysmaller 6th Aug 18, 4:47 PM
    • 95 Posts
    • 14 Thanks
    biggysmaller
    ?? Im not arguing.


    I'm telling you, you didn't pay £355 to your landlord. It's as simple as that.


    Now you're complaining about the CCJ.
    Originally posted by Comms69
    Feel free to report it.


    You wont give a straight answer to the question.


    So one last time: Did you pay the landlord £355?
    Originally posted by Comms69
    There was no default on the Instalment Order. As I said it was listed on a DRO. I could not pay it at that point even if I wanted to as it was listed on a DRO. Your question makes no sense - you will now tell me that I deserved a CCJ because I had not paid it off, right?
    • sal_III
    • By sal_III 6th Aug 18, 4:51 PM
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    sal_III
    So to rephrase my question in light of some of the answers:

    Will a CCJ still appear on my history if there was no default on an Instalment Judgement Order?
    Originally posted by biggysmaller
    They are one and the same! At the hearing the Judge ordered you to pay £355 this is the CCJ.

    The fact that it was agreed there and then to settle it in instalments is not relevant, it's still a CCJ.

    CCJ is not necessarily linked to a default on payment.

    And again, what does it matter given the fact that your credit file is wrecked by the DRO for the next 6 years anyway?
    • molerat
    • By molerat 6th Aug 18, 4:55 PM
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    molerat
    The only way to avoid a CCJ appearing on your file is to pay the judgement in full within 30 days. An agreed payment plan simply means the creditor cannot use enforcement whilst the payment plan is being adhered to.
    https://www.helpforheroes.org.uk/give-support/donate-now/
    • biggysmaller
    • By biggysmaller 6th Aug 18, 5:17 PM
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    biggysmaller
    The only way to avoid a CCJ appearing on your file is to pay the judgement in full within 30 days. An agreed payment plan simply means the creditor cannot use enforcement whilst the payment plan is being adhered to.
    Originally posted by molerat
    Thank you. I will try and persue getting the CCJ marked as satisfied.
    • biggysmaller
    • By biggysmaller 6th Aug 18, 5:22 PM
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    biggysmaller
    So to answer my question, the answer is 'no'.


    You have to appreciate that sympathy only goes so far. You knew you would not pay it. You knew you were getting a DRO.
    Originally posted by Comms69
    Why are you even on here. You seem hellbent on passing aspersions and making up your own conclusions. You have no idea WHATSOEVER that I intended to get a DRO at the time of the Possession Order. I have reported you for your judgemental remarks and aggressive stance with my posts. You should not be on these boards.
    Last edited by biggysmaller; 06-08-2018 at 5:25 PM.
    • steampowered
    • By steampowered 6th Aug 18, 6:28 PM
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    steampowered
    I think there is a fundamental misunderstanding here as to what the credit reporting agencies are reporting.

    The credit reporting agencies report the existence of CCJs. They do not merely report report defaults on paying a CCJ.

    It is true that there is a grace period whereby a CCJ is removed from the register if it is fully paid within 28 days, but you missed there.

    You have a CCJ, and it is not satisfied. It will appear on your credit report for the next 6 years. It will appear as unsatisfied unless/until it is paid. All entirely fair and reasonable.

    The DRO doesn't affect the reporting of the CCJ.
    • Comms69
    • By Comms69 6th Aug 18, 6:40 PM
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    Comms69
    Why are you even on here. You seem hellbent on passing aspersions and making up your own conclusions. You have no idea WHATSOEVER that I intended to get a DRO at the time of the Possession Order. I have reported you for your judgemental remarks and aggressive stance with my posts. You should not be on these boards.
    Originally posted by biggysmaller
    Yes I do; you said you told the judge you were getting one...
    • financegeek
    • By financegeek 6th Aug 18, 7:06 PM
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    financegeek
    I'm confused

    did you pay the £355.00 in full? either in installments or after the 30 days? if so, they should mark it as satisfied.

    i can't see how if you paid £20.00 then didn't make further payments due to the DRO it would be marked as satisfied because it's not.

    i think you're probably best just forgetting about this and moving on. i'm sure the DRO will have a bigger affect on how lenders view you than the CCJ.
    • norainbows
    • By norainbows 6th Aug 18, 7:19 PM
    • 39 Posts
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    norainbows
    I thought the OP said it was a DMP not a DRO? Does that make a difference to the advice given?
    • Comms69
    • By Comms69 6th Aug 18, 8:23 PM
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    Comms69
    I thought the OP said it was a DMP not a DRO? Does that make a difference to the advice given?
    Originally posted by norainbows
    I thought that too; but it seems it was a DRO.

    Ultimately no it doesnít change anything really.

    The same as any other court action prior to the DRO being granted.

    The debt is written off, but the information remains.

    As another poster said a few times itís kargely irrelevant. A CCJ on a credit report will make no difference when a DRO is there
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