possible to set aside a ccj
Discussion
Picked up a load of post from our family home that is currently tenanted. To my shock there's a sequence of letters from the ground rent company, the courts, my mortgage company that has left me with a ccj.
- I'd paid the previous year's ground rent and attached a note to the cheque informing them of my new correspondence address.
- The company I last paid the ground rent to (the developer that built the house) probably hasn't passed on the forwarding address and they billed the old address which led to court action
- My mortgage company wrote to me, but also at the old address, they seemed to have ended up paying the ccj but it was 32 days rather than the 28 days
- My mortgage company has my new address but for whatever reason wrote to the old one as I got permission to let etc off them before moving out
I only pick up my mail 2x per year so this all happened from March to the beginning of July.
So I find myself in a situation where £150 debt has ended up becoming over £1,000 but more worryingly with a CCJ on my file. Any advice gladly received on if, how and the likelihood of being able to get this set aside.
- I'd paid the previous year's ground rent and attached a note to the cheque informing them of my new correspondence address.
- The company I last paid the ground rent to (the developer that built the house) probably hasn't passed on the forwarding address and they billed the old address which led to court action
- My mortgage company wrote to me, but also at the old address, they seemed to have ended up paying the ccj but it was 32 days rather than the 28 days
- My mortgage company has my new address but for whatever reason wrote to the old one as I got permission to let etc off them before moving out
I only pick up my mail 2x per year so this all happened from March to the beginning of July.
So I find myself in a situation where £150 debt has ended up becoming over £1,000 but more worryingly with a CCJ on my file. Any advice gladly received on if, how and the likelihood of being able to get this set aside.
Tricky one - been there, done that.
1. In the situation you describe the CCJ almost certainly cannot be set aside. You owed the money; you didn't pay on time; they got a judgment.
2. However, provided the full amount of the CCJ is paid within one month of the judgment it is completely removed from the records. Yippee!
3. But if more than one month has elapsed since the judgment you are stuck with the CCJ for 6 years! HOWEVER, it's still important to pay up. Once you have paid in full you can send the Court proof of payment plus a fee of £15 and the court will mark the CCJ register to show that you have paid. This means that anyone who searches against you will see the CCJ came into existence but was paid in full. The court also sends you an official Certificate of Satisfaction which you can use to show people yourself.
1. In the situation you describe the CCJ almost certainly cannot be set aside. You owed the money; you didn't pay on time; they got a judgment.
2. However, provided the full amount of the CCJ is paid within one month of the judgment it is completely removed from the records. Yippee!
3. But if more than one month has elapsed since the judgment you are stuck with the CCJ for 6 years! HOWEVER, it's still important to pay up. Once you have paid in full you can send the Court proof of payment plus a fee of £15 and the court will mark the CCJ register to show that you have paid. This means that anyone who searches against you will see the CCJ came into existence but was paid in full. The court also sends you an official Certificate of Satisfaction which you can use to show people yourself.
Ozzie Osmond said:
Tricky one - been there, done that.
1. In the situation you describe the CCJ almost certainly cannot be set aside. You owed the money; you didn't pay on time; they got a judgment.
2. However, provided the full amount of the CCJ is paid within one month of the judgment it is completely removed from the records. Yippee!
3. But if more than one month has elapsed since the judgment you are stuck with the CCJ for 6 years! HOWEVER, it's still important to pay up. Once you have paid in full you can send the Court proof of payment plus a fee of £15 and the court will mark the CCJ register to show that you have paid. This means that anyone who searches against you will see the CCJ came into existence but was paid in full. The court also sends you an official Certificate of Satisfaction which you can use to show people yourself.
1. Wrong. 1. In the situation you describe the CCJ almost certainly cannot be set aside. You owed the money; you didn't pay on time; they got a judgment.
2. However, provided the full amount of the CCJ is paid within one month of the judgment it is completely removed from the records. Yippee!
3. But if more than one month has elapsed since the judgment you are stuck with the CCJ for 6 years! HOWEVER, it's still important to pay up. Once you have paid in full you can send the Court proof of payment plus a fee of £15 and the court will mark the CCJ register to show that you have paid. This means that anyone who searches against you will see the CCJ came into existence but was paid in full. The court also sends you an official Certificate of Satisfaction which you can use to show people yourself.
2. Correct.
3. Also correct.
Go to court, fill in application form. Say you never got correspondence. You will have a hearing and the case will be set aside. You then pay the money and have no CCJ. Happens every day up and down the country - it's a well known scam used by credit cleaning services, they charge you hundreds of pounds for the information I've just given. You just have to say that you never got the correspondence.
photosnob said:
You just have to say that you never got the correspondence.
The OP says he got the correspondence but late. If it was sent to his "address for service" and they have proof of postage, I think he's on the hook. And since he appears to have received the correspondence I'd want to be a bit careful about telling porky-pies. After all, if he never got the correspondence how does he know there's a judgment?The correspondence was delivered to a house I don't live in. The original ground rent company were informed of my 'new' correspondence address when I paid the bill the previous year. They were since taken over/sold the business/no idea and the new company clearly didn't have my updated correspondence address so just sent stuff to the address the ground rent was due on. The court papers then went there also.
I only pop by twice a year to pick up random bits of mail that still end up going there. Didn't expect this.
I'll fill the form in and see what happens.
I only pop by twice a year to pick up random bits of mail that still end up going there. Didn't expect this.
I'll fill the form in and see what happens.
Ozzie Osmond said:
The OP says he got the correspondence but late. If it was sent to his "address for service" and they have proof of postage, I think he's on the hook. And since he appears to have received the correspondence I'd want to be a bit careful about telling porky-pies. After all, if he never got the correspondence how does he know there's a judgment?
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