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  • FIRST POST
    • joseph9a
    • By joseph9a 12th Oct 18, 11:51 AM
    • 143Posts
    • 13Thanks
    joseph9a
    Can a CCJ be removed
    • #1
    • 12th Oct 18, 11:51 AM
    Can a CCJ be removed 12th Oct 18 at 11:51 AM
    Hi All,

    I am trying to clean up my credit score after a DRO which in a year will be removed from.

    I have recently put in a complaint to several payday loan companies about irresponsible lending. The CCJ was a result of a payday loan which I could not afford to pay back and it was sold on to TM Legal services who applied for the CCJ.

    My question is if it is found that the I was lent money irresponsibly by the payday loan company which led to a CCJ, could this CCJ be removed as they shouldn't have lent it in the first place.

    As I say my DRO will come off soon as it has already been on my record for 5 years. Now im worried as ive been waiting for it go so I could start rebuilding again but this CCJ was applied in November 2017 and the thought of having it on my file for another 5 years is depressing. If irresponsible lending is found to be the case would I need to write to the financial ombudsmen to ask to have the CCJ removed?

    Thanks
Page 1
    • Gary_Dexter
    • By Gary_Dexter 12th Oct 18, 12:07 PM
    • 2,760 Posts
    • 1,569 Thanks
    Gary_Dexter
    • #2
    • 12th Oct 18, 12:07 PM
    • #2
    • 12th Oct 18, 12:07 PM
    You can apply for the CCJ to be set aside - that will cost 255.

    Don't go thinking you can play the "irresponsible lending" card to get debts wiped off.

    And don't try and improve a made up score/rating
    • sourcrates
    • By sourcrates 12th Oct 18, 4:22 PM
    • 15,906 Posts
    • 14,957 Thanks
    sourcrates
    • #3
    • 12th Oct 18, 4:22 PM
    • #3
    • 12th Oct 18, 4:22 PM
    Hi,


    Can you clarify please, was this debt run up after the debt relief order moratorium period had ended, or was the debt included in the DRO ?

    You can ONLY remove a County Court Judgement under the following circumstances :
    1. Pay the CCJ within a calendar month.
    2. Wait 6 years.
    3. Apply to have the CCJ set side.
    Its your credit file you wish to improve, not your score.


    An irresponsible lending complaint, even if you win, will not result in the removal of a CCJ.
    Last edited by sourcrates; 12-10-2018 at 4:27 PM.
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    • antrobus
    • By antrobus 12th Oct 18, 4:46 PM
    • 16,356 Posts
    • 23,241 Thanks
    antrobus
    • #4
    • 12th Oct 18, 4:46 PM
    • #4
    • 12th Oct 18, 4:46 PM
    ... If irresponsible lending is found to be the case would I need to write to the financial ombudsmen to ask to have the CCJ removed?
    ..
    Originally posted by joseph9a
    No, the FOS has no powers over the courts.
    • joseph9a
    • By joseph9a 12th Oct 18, 5:15 PM
    • 143 Posts
    • 13 Thanks
    joseph9a
    • #5
    • 12th Oct 18, 5:15 PM
    • #5
    • 12th Oct 18, 5:15 PM
    Hi,


    Can you clarify please, was this debt run up after the debt relief order moratorium period had ended, or was the debt included in the DRO ?

    You can ONLY remove a County Court Judgement under the following circumstances :
    1. Pay the CCJ within a calendar month.
    2. Wait 6 years.
    3. Apply to have the CCJ set side.
    Its your credit file you wish to improve, not your score.


    An irresponsible lending complaint, even if you win, will not result in the removal of a CCJ.
    Originally posted by sourcrates
    It was after the DRO I was using payday loans as a source of credit as my credit cards were written off and a loan on the DRO.

    I will look into having it set aside.. Thanks
    • GM1880
    • By GM1880 13th Oct 18, 1:41 PM
    • 163 Posts
    • 60 Thanks
    GM1880
    • #6
    • 13th Oct 18, 1:41 PM
    • #6
    • 13th Oct 18, 1:41 PM
    Based on what you’ve said, there aren’t grounds for a set aside. If it’s just irresponsible lending, that won’t wash with the courts i’m sorry to say.
    • Vikipollard
    • By Vikipollard 14th Oct 18, 8:35 AM
    • 642 Posts
    • 1,129 Thanks
    Vikipollard
    • #7
    • 14th Oct 18, 8:35 AM
    • #7
    • 14th Oct 18, 8:35 AM
    It was after the DRO I was using payday loans as a source of credit as my credit cards were written off and a loan on the DRO.

    I will look into having it set aside.. Thanks
    Originally posted by joseph9a
    So, am I right in thinking, after your DRO when your debts were wiped, you borrowed money with eye-watering interest rates because you wanted credit?

    If that's the case, it's irresponsible borrowing........
    LBM July 2006. Debt free 01 Sept 12 ..
    Finally joined Slimming World: weight loss 33lbs...target achieved 51wks later 06.05.13 & still there
    Aim to be mortgage free in 2022. Jan 17 33250, Nov 17 27066 Mar 18 24498 Sep 18 20608 Nov 18 19250
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