Question CCJ Advice

[GIBBO]

After checking my credit rating I was shocked that I had a CCJ! However after some investigation it is from a property I used to rent however the bill was for a time frame in which I wasn't in the property! I moved out a year before! I was shocked because I settled all my bills etc! And had no idea they were chasing me! Also nigerians moved in after me! I got proof I was renting my current proerty at the time of this bill! I just wondered what would be the next step to try and remove my CCJ! Any advice would be great cause my credit rating has been hit for six! Neva had bad credit! Just concerned and worried! :-(

 

[OldBlueLady]

I wouldn't worry unnecessarily, as long as you have definite proof that you were not renting the property at the time I would expect it is just a formality to challenge it and have it removed although I do confess I don't know how! Citizens Advice are normally pretty good at that sort of thing and I have provided a link which might help
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

 

[number11]

Sounds like you will need to complete an application to set aside the Judgment (Google 'Form N244 Court Forms') should get you what you need. Speak to the Court where the Judgment was issued to get the claim details (Claim Number and copy of the Claim Form and Judgment) which should shed some light on the matter and help you with completing the Application. You will need to show 1. good reason that the Judgment should be set aside (ie you didnt know about it which is why you didnt defend the proceedings in the first place) good prospects 2. Good prospect of a defence (ie proof the debt doesnt relate to you or the period of time you were there) and 3. Explain reason for delay (ie only just found out about it).

Feel free to pm me.

 

[duncan bulgaria]

Mate , im in teh same boat ,......I rented out a property whilst I split from my ex and we both thought that each otehr was paying the Ground Rent amount of £60 ...........only found out 8 months later when my tenants moved out and found the letter that they never passed onto me .

I had to pay a charge of £680 to get the CCJ satisfied and I thought that was the end of that until I went to get a Mortgage 2 months ago and got refused , upon looking at my credit report I still have the CCJ on there albeit - Satisfied .

I have since filled in the form and paid my £75 charge to appear before court and contest my case ....this is not until May and am at teh Mercy of one person believing me or not ...........Massive hassle and has really messed me up as I may end up having to sell both Properties or sticking with my current lender and getting raped on teh SVR !!! Gutted

 

[number11]

Mate , im in teh same boat ,......I rented out a property whilst I split from my ex and we both thought that each otehr was paying the Ground Rent amount of £60 ...........only found out 8 months later when my tenants moved out and found the letter that they never passed onto me .

I had to pay a charge of £680 to get the CCJ satisfied and I thought that was the end of that until I went to get a Mortgage 2 months ago and got refused , upon looking at my credit report I still have the CCJ on there albeit - Satisfied .

I have since filled in the form and paid my £75 charge to appear before court and contest my case ....this is not until May and am at teh Mercy of one person believing me or not ...........Massive hassle and has really messed me up as I may end up having to sell both Properties or sticking with my current lender and getting raped on teh SVR !!! Gutted

I don't fully understand this one.... Are you applying to set aside the Judgment or have the CCJ / credit history statement altered? Surely if you have had Judgment given against you (albeit without your knowledge) when you then found out you could have applied to set it aside and then pay it? Otherwise surely the current situation regarding your credit (ie that there was a CCJ and that has now been paid (ie satisfied)) is an accurate reflection?

Feel free to pm me. Sounds a very unfortunate situation.

EDIT: Pm recieved and replied to.

 

[GIBBO]

Thanks for all your help will do! mate I feel for you! what really hacks me off they slap the CCJ on you straight away without investigating the issue, the uilitly company had my telephone number on file but never phoned me! I think it's a joke. and when you get to find out you have a CCJ no one can help or know what to do if your inniocent. cant I go for the company that gave me the CCJ once sorted? doesnt help that nigerians have moved in there prob got other stuff in my name but it's hard to know where to get help. Duncan let me know how you get on please !

Number 11 I will do thanks, how long will this take? should I satsify the CCJ? even though it wasnt me? how long time frame can it take?

 

[number11]

Thanks for all your help will do! mate I feel for you! what really hacks me off they slap the CCJ on you straight away without investigating the issue, the uilitly company had my telephone number on file but never phoned me! I think it's a joke. and when you get to find out you have a CCJ no one can help or know what to do if your inniocent. cant I go for the company that gave me the CCJ once sorted? doesnt help that nigerians have moved in there prob got other stuff in my name but it's hard to know where to get help. Duncan let me know how you get on please !

Number 11 I will do thanks, how long will this take? should I satsify the CCJ? even though it wasnt me? how long time frame can it take?

Get the application asap as you will have to justify the delay in applying to set it aside (ie no knowledge til now) but any further delay from here on in will go against you.

Will probably take a week or so for Court to deal with paperwork and then they will list it for a hearing, which will depend on who your local court is....but most likely 6-8 time. However once thats in (or before you actually formally make the application) Id consider writing to the Judgment creditor and explaining the situation and provide them with a copy of the application and ask if they will agree to have it set aside to avoid costs being incurred (for both parties). By this time you should have got your proof and evidence together and you can send it to them.

If you don't owe the money (and more crucially can categorically prove it, and prove why you didnt recieve the original claim - check address used when you get a copy of the original claim form from the court) then Im not sure there is any benefit in satisfying the CCJ? Seems like thats what Duncan Bulgaria may have done above that has still affected his credit rating.

Feel free to pm me if you want to keep more specific details off board, but am happy to answer here if of benefit to anyone else.

 

[Tommy2holes]

I have a mate who has been chased for years over numerous debts and he reckons that after 5 years creditors just write the debt off if they are unable to find you.

He used to get loads of letters but over the years they all dried up which kinda backs up his theory.

He also says that after 5 years of not applying for credit he is now able to get all the credit he wants again including credit cards and loans etc

Surely this cant be true?

 

[C C Csiders]

I have a mate who has been chased for years over numerous debts and he reckons that after 5 years creditors just write the debt off if they are unable to find you.

He used to get loads of letters but over the years they all dried up which kinda backs up his theory.

He also says that after 5 years of not applying for credit he is now able to get all the credit he wants again including credit cards and loans etc

Surely this cant be true?

Didn't realise you were mates with RM.

 

[Yorkshire Blue]

I have a mate who has been chased for years over numerous debts and he reckons that after 5 years creditors just write the debt off if they are unable to find you.

He used to get loads of letters but over the years they all dried up which kinda backs up his theory.

He also says that after 5 years of not applying for credit he is now able to get all the credit he wants again including credit cards and loans etc

Surely this cant be true?

Didn't realise you were mates with RM.

He clearly isn't.

 

[bucket&spade.f.c]

I have a mate who has been chased for years over numerous debts and he reckons that after 5 years creditors just write the debt off if they are unable to find you.

He used to get loads of letters but over the years they all dried up which kinda backs up his theory.

He also says that after 5 years of not applying for credit he is now able to get all the credit he wants again including credit cards and loans etc

Surely this cant be true?

Just for the record things on your credit file will stay on it for 6 years after its either been settled or defaulted but his score would still reflect his poor attitude towards paying his way in life!

Also making any kind of payment show you have accepted liability for the debt/bill

And OBL the CAB are utter dog **** better of using this http://www.moneysavingexpert.com/ though I think the guy is a prick and makes my job much much harder then it was

 

[Tommy2holes]

Just for the record things on your credit file will stay on it for 6 years after its either been settled or defaulted but his score would still reflect his poor attitude towards paying his way in life!

Also making any kind of payment show you have accepted liability for the debt/bill

And OBL the CAB are utter dog **** better of using this http://www.moneysavingexpert.com/ though I think the guy is a prick and makes my job much much harder then it was

To be fair the banks and credit card and mortgage companies probably should shoulder the blame.

I mean offering a credit card with a 15k limit to a 22 year old on 15k a year is not good business sense especially as most 22 year olds have no sense.

Also mortgage companies offered someone i know a £250k 100% mortgage when he earned just 16k .

Its reckless misselling of credit that got this country in a mess.

 

[Holy Joe]

To be fair the banks and credit card and mortgage companies probably should shoulder the blame.

I mean offering a credit card with a 15k limit to a 22 year old on 15k a year is not good business sense especially as most 22 year olds have no sense.

Also mortgage companies offered someone i know a £250k 100% mortgage when he earned just 16k .

Its reckless misselling of credit that got this country in a mess.

Some of the blame but not all of it - just because someone offers you something doesn't mean you have to accept it.

 

[bucket&spade.f.c]

To be fair the banks and credit card and mortgage companies probably should shoulder the blame.

I mean offering a credit card with a 15k limit to a 22 year old on 15k a year is not good business sense especially as most 22 year olds have no sense.

Also mortgage companies offered someone i know a £250k 100% mortgage when he earned just 16k .

Its reckless misselling of credit that got this country in a mess.

Then your mate clearly lied on the app form with regards to in income etc as just wouldnt happen he be lucky to get 5k with that poor income!

And like above says just because you been offered the credit doesnt mean you have to use it all plus you as the customer could reduce the limit

But people like your mate keeps me in a job so it doesnt bother me :)

 

[Smiffy]

To be fair the banks and credit card and mortgage companies probably should shoulder the blame.

I mean offering a credit card with a 15k limit to a 22 year old on 15k a year is not good business sense especially as most 22 year olds have no sense.

Also mortgage companies offered someone i know a £250k 100% mortgage when he earned just 16k .

Its reckless misselling of credit that got this country in a mess.

Can you find out the name of this company please. I would like to see if they can offer me such a deal as well!

 

[Yorkshire Blue]

To be fair the banks and credit card and mortgage companies probably should shoulder the blame.

I mean offering a credit card with a 15k limit to a 22 year old on 15k a year is not good business sense especially as most 22 year olds have no sense.

Also mortgage companies offered someone i know a £250k 100% mortgage when he earned just 16k .

Its reckless misselling of credit that got this country in a mess.

He's 22 years old for crying out loud. Why should it be the banks' responsibility to hold his hand? He's old enough to look after himself. Why can't people take some responsibility for their own actions?

I think the credit card company is stupid to offer him that much credit, but for the bank/building society offering the mortgage their loan is secured by the property and their only risk is in the value of the property falling.

 

[duncan bulgaria]

Just an update for the chap who started this thread ' Spunky' , hopefully this helps

I finally had my hearing and the Court has ' Set aside ' the CCJ as I had paid the amount the opposing company failed to turn up and wrote a letter stating they were happy for the CCJ to be set aside .

I am waiting for correspondance back from the court and then I will pay for a Credit Check and see if this has been removed as I have heard so many conflicting accounts of whats happens etc. What I do know is that when I first contacted teh court some melt said well it stays on there for 6 years and there is nothing you can do about it ......luckily someone else pointed out that there was indeed something I could do .

All in all it is a costly and lengthy process but hopefully justice has prevailed and I can get a Re Mortgage without getting slapped with a high Interest rate .

Happy Days ( hopefully )

 

[bucket&spade.f.c]

Just an update for the chap who started this thread ' Spunky' , hopefully this helps

I finally had my hearing and the Court has ' Set aside ' the CCJ as I had paid the amount the opposing company failed to turn up and wrote a letter stating they were happy for the CCJ to be set aside .

I am waiting for correspondance back from the court and then I will pay for a Credit Check and see if this has been removed as I have heard so many conflicting accounts of whats happens etc. What I do know is that when I first contacted teh court some melt said well it stays on there for 6 years and there is nothing you can do about it ......luckily someone else pointed out that there was indeed something I could do .

All in all it is a costly and lengthy process but hopefully justice has prevailed and I can get a Re Mortgage without getting slapped with a high Interest rate .

Happy Days ( hopefully )

When they set aside the CCJ it only means its been put on the back burner and no further action will be taken its doesnt mean the CCJ will be removed so that "melt" at the courts is correct

 

[duncan bulgaria]

Well Judge did say it will not be on my Credit report as it in a sense has been cancelled , until I see it with my own eyes I won't be getting carried away .

So at the moment I will be inclined to take the Judges word and hope he is correct and not the Melt .

 

[Beefy]

It gets marked as being a 'satisfied' judgment though so it's obvious to anyone checking your credit that the issue has been resolved. At least it looks that way from the Experian reports I've seen.