GDPR Cookie Consent by SimpleServe Privacy Script CCJ - Delayed finding. - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

CCJ - Delayed finding.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Adam1303
    replied
    Originally posted by Diana Mayhew View Post


    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?

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Adam1303 View Post
    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



    Leave a comment:


  • Adam1303
    replied
    Originally posted by Diana Mayhew View Post

    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.

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Adam1303 View Post
    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

    Leave a comment:


  • Adam1303
    started a topic CCJ - Delayed finding.

    CCJ - Delayed finding.

    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.
Working...
X