Can a CCJ be removed

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joseph9a
joseph9a Posts: 149 Forumite
in Credit file & ratings
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 :money:

Comments

  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    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
    sourcrates Posts: 28,878 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 12 October 2018 at 4:27PM
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    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.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • antrobus
    antrobus Posts: 17,386 Forumite
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    joseph9a wrote: »
    ... 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?
    ..

    No, the FOS has no powers over the courts.
  • joseph9a
    joseph9a Posts: 149 Forumite
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    sourcrates wrote: »
    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.

    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 :money:
  • GM1880
    GM1880 Posts: 169 Forumite
    PPI Party Pooper
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    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
    Vikipollard Posts: 739 Forumite
    First Anniversary Name Dropper First Post Debt-free and Proud!
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    joseph9a wrote: »
    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 :money:

    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 .. :T
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