CCJ Removal Process

[Never-In-Doubt]

Yea use address - old and current. Case number isn't relevant so use address mode only.

It's worth it

[Kiddo68]

OK well did the searches, nothing at the new address and the 1 CCJ at the old address but it states March 2017 but we moved out of there in June 2014 so this just tells me what I already knew from the credit file report. so not sure what I've achieved here??

[Never-In-Doubt]

Well now you'll have the claim reference and the court info; so you can start to establish what's happened.

Was there only ever one CCJ which you think was morphed into an extension? Or is it a separate account altogether?

Does the claim reference tally with the original CCJ?

So what you've achieved is that there is a single CCJ registered so now it's a case of establishing its history. As in is it the same one as 2011 or a totally new one? Did you pay any of the original CCJ from 2011? The £10 payments you're making, what reference does it relate to - the new CCJ?

You need to establish the very basics.

1. is it the original CCJ or a new one for a different or same debt;
2. if the same debt - that's not possible so it's likely an additional one unless it's been messed in assignment and duplicated in which case look to have it set aside
3. time is not your friend. To appeal you need to get the facts fast.

What do you actually know as fact? Email me if easier and I can link you into solicitor.

[PlanB]

nothing at the new address and the 1 CCJ at the old address but it states March 2017 but we moved out of there in June 2014 so this just tells me what I already knew from the credit file report. so not sure what I've achieved here??

You’ve achieved the knowledge that a CCJ was awarded against you at an address where you were not living at the time this happened

The next step is to establish how/why that happened, and whether you might have the opportunity to have that CCJ set aside.

Di

[Kiddo68]

Thank-you both, yes I see, well the paperwork already stated which court it was but the claim reference differs on the paperwork to what the trustonline report says as does balance amounts its a bit of a mess tbh and not sure how to proceed.

[PlanB]

paperwork already stated which court it was but the claim reference differs on the paperwork to what the trustonline report says as does balance amounts .

Which suggests this might have been a different debt, different Claimant, different CCJ to the CCJ from 2011 (if that exists).

Was the ‘court’ Northampton County Court aka MCOL (Money Claim Online) which is virtual court where claims are issued via software and then only transferred to a County Court if either party want to progress things?

Di

[Kiddo68]

Yes it was Northampton County Court business Centre

[PlanB]

even If I pay it off it stays on file regardless but there must a incentive other that just the debt cleared to pay it it off?

One more quick question, why does this bother you now? Are you seeking to obtain credit or remortgage etc?

The CCJ was in 2017 and you’ve not said whether they’ve tried to enforce it since then.

CCJs don’t go Statute Barred but they’d be hard pressed to enforce it in court if they tried to after 6 years unless they can prove why they sat on their hands for so long.

Before you go in guns blazing carry on with the research discretely.

Di

[Kiddo68]

I'm not personally trying to seek credit but my son is looking to borrow to but equipment grow his business hes had a few knockbacks even he has a good rating and one of things we were told if there is a CCJ at the address it can affect obtaining credit even if you are not the person with it. So its kick me into action as I've meaning to deal with this for a few years but havent.

So Di what do I need to do from here?

[PlanB]

Yes it was Northampton County Court business Centre

Which suggests it was a Default Judgment because you didn’t file any Acknowledgment of Service at the time.

Obviously you didn’t do that because the claim form was served on an address where you weren’t living so you didn’t get it.

See my last post about whether it would or wouldn’t be a good thing to keep your head down while the facts are established. Although you may have a legal argument for having the CCJ set aside that would only remove the CCJ not the original claim, so unless you have good grounds for defending the original claim you could find yourself with a whole new CCJ lasting 6 years on your credit file.

And can you be sure that the £10 per month you are continuing to pay (who are you paying?) is for this debt?

Di

[Kiddo68]

No I cant be sure given what's come to light now however the original claim paperwork includes a statement from me in 2011 agreeing to £10 per month. I agree with you re getting facts in order.

[Never-In-Doubt]

Hi

Your sons and your finances are separate. Any judgment against either would have zero effect on the other UNLESS you were financially linked (unlikely)!

So both of you, register to Credit Karma & ClearScore to get your own individual reports. Then look under financial association part. Should be empty - if not it should only show your partner (if any). Please clarify it's blank / empty on both. If so then you're not linked, correctly so. Means he'll have his own issues somewhere (your son).

Regards the CCJ - it might be a second one. There's a couple years left - to establish the facts you call the court and pay a small fee for a copy of the claim etc.

[PlanB]

No I cant be sure given what's come to light now however the original claim paperwork includes a statement from me in 2011 agreeing to £10 per month.

It seems these were two separate claims especially since you’ve said they have different claim reference numbers.

You have the paperwork for the claim from 2011, so who is named as the Claimant and does that match the name of the business which you are paying £10 to every month?

You now have the claim reference number of the second claim from 2017 so will be able to establish that Claimant from NCCBC as Niddy has suggested. Their phone number is 0300 123 1056 but it can be a long wait due to Covid-19.

They may want to charge you £10 but it should be free to email you details of the Particulars of Claim once you’ve cleared security (DOB etc).

They will also be able to tell you what has happened since 2017 (if anything) such as any attempts to enforce the CCJ which would mean the case being transferred to a county court. If that’s the case then you can asked that court for the necessary information.

Di

[Kiddo68]

Hi

Your sons and your finances are separate. Any judgment against either would have zero effect on the other UNLESS you were financially linked (unlikely)!

So both of you, register to Credit Karma & ClearScore to get your own individual reports. Then look under financial association part. Should be empty - if not it should only show your partner (if any). Please clarify it's blank / empty on both. If so then you're not linked, correctly so. Means he'll have his own issues somewhere (your son).

Regards the CCJ - it might be a second one. There's a couple years left - to establish the facts you call the court and pay a small fee for a copy of the claim etc.

Thanks, yes I'm already with Credit Karma and the only association on mine is my Wife so thanks for clarifying that point.

[Kiddo68]

It seems these were two separate claims especially since you’ve said they have different claim reference numbers.

You have the paperwork for the claim from 2011, so who is named as the Claimant and does that match the name of the business which you are paying £10 to every month?

You now have the claim reference number of the second claim from 2017 so will be able to establish that Claimant from NCCBC as Niddy has suggested. Their phone number is 0300 123 1056 but it can be a long wait due to Covid-19.

They may want to charge you £10 but it should be free to email you details of the Particulars of Claim once you’ve cleared security (DOB etc).

They will also be able to tell you what has happened since 2017 (if anything) such as any attempts to enforce the CCJ which would mean the case being transferred to a county court. If that’s the case then you can asked that court for the necessary information.

Di

Thanks for the contact no: I'll call them and see what I can do there, so I might be wrong here but is it the case that the original claim was in 2011 which I agreed to the £10 per month but as obviously I couldn't have paid it off by 2017 they then formally made it into CCJ but as they only had my previous address they processed it with that address, is that correct?