CCJ - Delayed finding.

[Adam1303]

Hello,

I'm aware that there's several posts on the forum surrounding CCJ removal, although I'm equally aware that each case and circumstance is unique.

For some back story - I was diagnosed with an osteoid osteoma (benign tumour) in my spine at 16, which subsequently induced scoliosis and significant amounts of pain to the point I was on several painkillers. While the painkillers worked to an extent, these naturally enhanced already preexisting mental health conditions.
I've had a diagnosis of generalized anxiety disorder since the age of 15 with depressive episodes, which was worsened with the level of pain medication I was on at the time.

The level of pain left me sitting in a room for years awaiting an NHS surgery which would get cancelled time and again, I'd be receiving two letters on the same day - One a scheduled appointment, the other a cancellation of this appointment.

I've ended up in default with Lowell having purchased a laptop which was faulty, the touch screen wouldn't work properly, the battery life was substandard and the docking station wouldn't allow me to charge resulting in having a laptop which required plugging in for use.
I paid of 50% of the balance on the device, having been in contact with Very for 6 months through phone and email surrounding the issues present finally after 6 months was I informed I had to contact the manufacturer instead of being informed that there was no resolution.

After some family trouble I moved address, failing to update creditors of this address change. With my correspondence address being a now unused address I wasn't alerted to the county court judgement, which was scheduled for Nottingham court when I'm based in Liverpool. In my condition at the time, even had I known I wouldn't have made it to Nottingham to be in attendance.

My condition was relayed over to Very several times, both the physical impairement, mental health aspect and pain levels too. Nothing was ever done. No noting of this, no advise or support offered.

I'm now working for a bank who are offering me a promotion, with this CCJ (which was issued in 2017) on file I won't pass their credit check for this promotion and will likely be dismissed as a result plunging me into a massive amount of financial uncertainty.

Overall, with current circumstance in work and previous circumstance in health it's needless to say this has had a huge impact on my life. I was an 18 year old boy who was that drugged up on painkillers just enough to tolerate getting through each day and as a result, all of the work I've put in to get away from that point in life could be stripped away.

I'm happy to settle the balance, I'll even pay it outright. I just want to know my chances on getting this removed from my credit file. /
I hold a credit card on which I've never missed a payment and I'm beneath 30% usage.
Since issuement of the CCJ I've had no credit related issues, no missed payments. Nothing.

I really just don't want my future being defined by a period of time which has already consumed enough of my life.


Thanks in advance for any replies.

Kind regards,
Adam.

[Joanna Connolly Solicitors]

I've ended up in default with Lowell . . . . I wasn't alerted to the county court judgement, which was scheduled for Nottingham court when I'm based in Liverpool. In my condition at the time, even had I known I wouldn't have made it to Nottingham to be in attendance.

. . . . I'm now working for a bank who are offering me a promotion, with this CCJ (which was issued in 2017) on file I won't pass their credit check for this promotion

Hello

May I ask when and how you discovered you had a CCJ for a claim issued by Lowell?

This may be relevant to your chance of having the CCJ set aside or not.

Could it have been a Default Judgment from Northampton County Court (not Nottingham) because you didn’t file an Acknowledgment of Service for a claim issued/served on an address where you weren’t living at the time?

How much is the CCJ?

Di

[Adam1303]

Hello

May I ask when and how you discovered you had a CCJ for a claim issued by Lowell?

This may be relevant to your chance of having the CCJ set aside or not.

Could it have been a Default Judgment from Northampton County Court (not Nottingham) because you didn’t file an Acknowledgment of Service for a claim issued/served on an address where you weren’t living at the time?

How much is the CCJ?

Di

First off thank you for replying so promptly, really appreciate it.


I noticed the CCJ after looking on Experian in anticipation of this coming credit check for the promotion.

You are correct, it is indeed northampton county court. Just checked on the experian report.

The outstanding balance is £952, which I have available to settle this.

[Joanna Connolly Solicitors]

I moved address, failing to update creditors of this address change. With my correspondence address being a now unused address I wasn't alerted to the county court judgement, which was scheduled for Nottingham court when I'm based in Liverpool.

. . . . I'm now working for a bank who are offering me a promotion, with this CCJ (which was issued in 2017) on file I won't pass their credit check for this promotion and will likely be dismissed as a result plunging me into a massive amount of financial uncertainty.

. . . . I'm happy to settle the balance, I'll even pay it outright. I just want to know my chances on getting this removed from my credit file.

If the amount owed on the CCJ is paid then the Judgment Creditor (Lowell Portfolio?) should mark it "satisfied" on your credit file, but I don't know whether that would be sufficient for your employer.

The CCJ will remain on your CRA file for 6 years from the date of the Judgment, so it won't be removed until 2023 if this was in 2017 regardless of whether you have paid it.

In order to get the CCJ removed you would need to get it set-aside by the court or by consent with Lowell Solicitors. I should also say that Northampton County Court is a business centre for MCOL so if this claim had progressed to a Hearing, or if that needs to happen now (for the set-aside Application) then it should take place at a court nearest to you which would be Liverpool.

To get the it set-aside on the basis that it wasn't served on you at that address, you will need to see what evidence you have that you were not living at that address. This may be evidence of your absence i.e. proof that you were living elsewhere with a tenancy agreement or being on the Electoral Roll etc.

Is there anything on your credit file which positions you elsewhere at the time of the claim/CCJ?

You refer to the address as being "unused" so are you still linked to it in some way?

Di

[Adam1303]

If the amount owed on the CCJ is paid then the Judgment Creditor (Lowell Portfolio?) should mark it "satisfied" on your credit file, but I don't know whether that would be sufficient for your employer.

The CCJ will remain on your CRA file for 6 years from the date of the Judgment, so it won't be removed until 2023 if this was in 2017 regardless of whether you have paid it.

In order to get the CCJ removed you would need to get it set-aside by the court or by consent with Lowell Solicitors. I should also say that Northampton County Court is a business centre for MCOL so if this claim had progressed to a Hearing, or if that needs to happen now (for the set-aside Application) then it should take place at a court nearest to you which would be Liverpool.

To get the it set-aside on the basis that it wasn't served on you at that address, you will need to see what evidence you have that you were not living at that address. This may be evidence of your absence i.e. proof that you were living elsewhere with a tenancy agreement or being on the Electoral Roll etc.

Is there anything on your credit file which positions you elsewhere at the time of the claim/CCJ?

You refer to the address as being "unused" so are you still linked to it in some way?

Di

Unfortunately not, even satisfied is unlikely to be accepted.

Based on the information you've provided (which is much appreciated) I think my best bet would be an agreement with Lowell. My only concern is if this doesn't play out right, I'm ultimately handing finances over that I'd need (I'm aware the credit is my responsibility) and potentially being released from my job.
Sorry to place demands on information, but is there an advisable route/procedure to follow in order to get what I would assume be a contract/letter of consent?

[PlanB]

Based on the information you've provided (which is much appreciated) I think my best bet would be an agreement with Lowell. My only concern is if this doesn't play out right, I'm ultimately handing finances over that I'd need and potentially being released from my job.

Did you come to some arrangement with Lowell or do you need advice on how to get this CCJ (Default Judgment) set-aside?

Di

[Gerry Jemitus]

I note your post is from 9 months ago, so this must have resolved one way or another. If you find a CCJ on your credit file and it is going to affect your employment then you need to make an application to set aside the judgment as soon as possible. Do not expect the creditor to do this for you. At best, they may agree to a consent order, which improves (but doesn't guarantee) your chances of the court granting the set-aside application, and it also reduces the court fee you have to pay when making the application. We have successfully set-aside CCJ's up to 12 years old, however, unless you make the application as soon as you discover the CCJ, you need a very good reason for the delay.

[PlanB]

your post is from 9 months ago, so this must have resolved one way or another.

Not necessarily which is why I bumped the OP’s thread to see if they needed further help from the forum.

Di

[Adam1303]

Hi,

Thanks for the replies - I managed to talk my way out of the promotion and subsequent credit check, which resulted in maintaining employment but in a stagnated position. I suppose the latter is the better outcome.

In the way of setting it aside, based on what I've read I'm not entirely sure how to go about this and in addition to this I'm not very optimistic with the limited knowledge I have surrounding this would be suffice.

I've also read conflicting reports stating that CCJs drop off your credit file after 6 years, alternate sources saying that they can be refreshed at the ned of the 6 years extended onwards? This being consistent with 'set aside CCJs after 12 years'.

I'm honestly thinking one of my best bets for appealing this is essentially mental health grounds, considering this was disclosed several times and provided every indication of a support need and very failing to provide their end.
I could potentially access medical records displaying my health at the time, in conjuction with several complaint tickets I had raised in which it took 6 months of communication between myself and very to inform of their returns policies instead of getting 'we can't offer a refund or return'.

[PlanB]

I managed to talk my way out of the promotion and subsequent credit check, which resulted in maintaining employment but in a stagnated position. I suppose the latter is the better outcome.

I'm honestly thinking one of my best bets for appealing this is essentially mental health grounds, considering this was disclosed several times and provided every indication of a support need and very failing to provide their end.

I'm really glad to hear that you've kept your job despite this CCJ. I also see that as a good outcome since you were worried that it could cost you your job not just any potential promotion.

The CCJ reported on your CRA file will drop off after 6 years. I can't think of any circumstances when this could be "refreshed" for a further 6 years.

The CCJ is less than £1k so a Charging Order (if you own a property) is not an option for the Judgment Creditor (Lowell).

They could try to enforce by bailiffs or apply for an Attachment of Earnings (since you are employed) but you've not said that you've been made aware of any enforcement action/attempt by the court which presumably would have been sent to your old address.

I'm sorry you've had mental health issues and were not treated sensitively at the time. However this may not guarantee a Defence to the claim even if it were to be set-aside for procedural reasons (it wasn't served on you correctly).

To set aside the CCJ you would need to make an Application to the court which could cost you £255 (unless you are entitled to fee remission). If Lowell agree to a set aside the Consent Order may only cost you £100. However the CCJ is £900 so coming to an arrangement with Lowell to mark your CRA file 'settled' is an option but I can't give you fincnaicl advice.

Have you been in touch with Lowell since you last posted?

If not then maybe don't do that until things become clearer.

Di

[Joanna Connolly]

Hello,

I'm aware that there's several posts on the forum surrounding CCJ removal, although I'm equally aware that each case and circumstance is unique.

For some back story - I was diagnosed with an osteoid osteoma (benign tumour) in my spine at 16, which subsequently induced scoliosis and significant amounts of pain to the point I was on several painkillers. While the painkillers worked to an extent, these naturally enhanced already preexisting mental health conditions.
I've had a diagnosis of generalized anxiety disorder since the age of 15 with depressive episodes, which was worsened with the level of pain medication I was on at the time.

The level of pain left me sitting in a room for years awaiting an NHS surgery which would get cancelled time and again, I'd be receiving two letters on the same day - One a scheduled appointment, the other a cancellation of this appointment.

I've ended up in default with Lowell having purchased a laptop which was faulty, the touch screen wouldn't work properly, the battery life was substandard and the docking station wouldn't allow me to charge resulting in having a laptop which required plugging in for use.
I paid of 50% of the balance on the device, having been in contact with Very for 6 months through phone and email surrounding the issues present finally after 6 months was I informed I had to contact the manufacturer instead of being informed that there was no resolution.

After some family trouble I moved address, failing to update creditors of this address change. With my correspondence address being a now unused address I wasn't alerted to the county court judgement, which was scheduled for Nottingham court when I'm based in Liverpool. In my condition at the time, even had I known I wouldn't have made it to Nottingham to be in attendance.

My condition was relayed over to Very several times, both the physical impairement, mental health aspect and pain levels too. Nothing was ever done. No noting of this, no advise or support offered.

I'm now working for a bank who are offering me a promotion, with this CCJ (which was issued in 2017) on file I won't pass their credit check for this promotion and will likely be dismissed as a result plunging me into a massive amount of financial uncertainty.

Overall, with current circumstance in work and previous circumstance in health it's needless to say this has had a huge impact on my life. I was an 18 year old boy who was that drugged up on painkillers just enough to tolerate getting through each day and as a result, all of the work I've put in to get away from that point in life could be stripped away.

I'm happy to settle the balance, I'll even pay it outright. I just want to know my chances on getting this removed from my credit file. /
I hold a credit card on which I've never missed a payment and I'm beneath 30% usage.
Since issuement of the CCJ I've had no credit related issues, no missed payments. Nothing.

I really just don't want my future being defined by a period of time which has already consumed enough of my life.


Thanks in advance for any replies.

Kind regards,
Adam.

Hi Adam

As you had moved from the address before the claim form was served, as long as you have evidence of this, even now, 4 years later, you can have the judgment entered in default set aside by the court.