CCJ Removal Process

[Kiddo68]

Hi all, hope this is in the right forum? I have a CCJ issued originally in 2011 at a previous address it was renewed in 2017 at my new address I thought i read that CCJ's get removed after 6 years didn't realise they could be renewed but anyway its becoming a bit of an issue now so short of paying off the full amount what other things can I do to remove it before they renew it again in 2023?

There is a further problem in that I'm not quite sure which debt it relates to, every month I have couple debts I pay an agreed amount for through a DCA the original amounts of these don't relate to the CCJ amount listed on my credit file although I realise that may include court costs which obviously muddies the waters.

So another question is how can I find this info out?

I have the CCJ ref no: so maybe there is a way to find out more details using that??

Thanks for any advice and/or guidance.

[Warwick65]

They should vanish after 6 years so I am not sure why it was renewed. Even if you settle it, it will still show up and impact your credit rating.
Do you have the paperwork from 2011 and 2017?

[Warwick65]

PlanB

[Warwick65]

Never-In-Doubt


Sorry when I tried to tag the original text disappeared

[Kiddo68]

Thanks Warwick, no I dont have any paperwork we did lose a few things when we moved possibly that was amongst it as I had box file full of paperwork I couldn't find afterward, anyway so to clarify 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 no??

[Warwick65]

The CCJ will stay on there but been shown as settled but creditors will see you have one . I think you need to try find out if you in 2011 you actually got a CCJ and not just a claim form. Could it be that you had a claim issued and not progressed and then something else happened in 2017? This is why I have tagged PlanB who is much better at me at asking the right questions and Niddyand Plan B who knows more than me about the technicalities

[Kiddo68]

Thanks for your help there Warwick and for tagging more expert advice, I'm sure I remember it being an actual CCJ back then as by 2017 we were on a better financial footing so I dont remember anything that year where I could have got a CCJ, but anyway thanks for helping.

[Warwick65]

Just one more thought- Do you have any documentation such as old credit reports that show a CCJ was registered against you?

I have assumed you know it is there because it is showing on your credit file - is that correct.

As you will see there are lots of questions before people can fully understand the situation

[PlanB]

I have a CCJ issued originally in 2011 at a previous address it was renewed in 2017 at my new address I thought i read that CCJ's get removed after 6 years didn't realise they could be renewed but anyway its becoming a bit of an issue now so short of paying off the full amount what other things can I do to remove it before they renew it again in 2023?

There is a further problem in that I'm not quite sure which debt it relates to, every month I have couple debts I pay an agreed amount for through a DCA the original amounts of these don't relate to the CCJ amount listed on my credit file although I realise that may include court costs which obviously muddies the waters.

Hello

My first question (I always ask lots of questions to make sure any suggestions I make are based on facts) is were you living at the address where the original CCJ (possibly Default Judgment) was obtained? If not then you may be able to make an application to have the CCJ set aside and then defend it.

Next question is you say the CCJ was "renewed" but CCJ's aren't renewed. Once they're granted that's the end of it unless appealed or set aside. What makes you think it was "renewed"?

Is there a possibility that the Judgement Creditor (i.e the Claimant who issued the claim) assigned/sold the debt to a debt purchaser who 'stepped into their shoes' legally speaking. You've said that you're not sure which debt it relates to which makes me think there might be an assignment issue.

How much approximately is this debt/CCJ and what was it for such as a credit card, personal loan, overdraft, car finance etc?

Di

[Kiddo68]

Hello

My first question (I always ask lots of questions to make sure any suggestions I make are based on facts) is were you living at the address where the original CCJ (possibly Default Judgment) was obtained? If not then you may be able to make an application to have the CCJ set aside and then defend it.

Next question is you say the CCJ was "renewed" but CCJ's aren't renewed. Once they're granted that's the end of it unless appealed or set aside. What makes you think it was "renewed"?

Is there a possibility that the Judgement Creditor (i.e the Claimant who issued the claim) assigned/sold the debt to a debt purchaser who 'stepped into their shoes' legally speaking. You've said that you're not sure which debt it relates to which makes me think there might be an assignment issue.

How much approximately is this debt/CCJ and what was it for such as a credit card, personal loan, overdraft, car finance etc?

Di

Thanks PlanB, I was living at a previous address in 2011 when it was first issued, the next date I have which now says on my credit file is March 2017 but looking at it still has my previous address even though I moved in 2014.

The debt is just under 6k I said previously on this thread that I didn't have any paperwork but I originally thought paperwork regarding the creditor which I dont but I do have paperwork re the actual court summons it is dated 24/1/2011 it states defendant should pay £5284 + £345 court costs an agreed amount of £10 per month which we have been doing without fail since. So as the whole amount has been settled is that that why it renewed in 2017? It was for a Credit Card just cant remember which one.

[Never-In-Doubt]

A CCJ *cannot* be extended. It lasts 6 years whether paid or not.

Go to Trust Online and do a search at current / old address and see if anything is registered. Only Trust Online has an up to date database of CCJ's.

You could still be paying into it, albeit it's no longer recorded at Trust Online. That would be irrelevant and have no effect. So best check first then you'll know what's what.

Let us know once you search Trust Online. -> https://www.trustonline.org.uk

[PlanB]

Thanks PlanB, I was living at a previous address in 2011 when it was first issued . . .

. . . I do have paperwork re the actual court summons it is dated 24/1/2011 it states defendant should pay £5284 + £345 court costs an agreed amount of £10 per month which we have been doing without fail since. So as the whole amount has been settled is that that why it renewed in 2017?

That sounds like an Instalment Order (CCJ) which you (as Defendant) agreed to pay at £10 per month. Maybe you replied to the Claim Form with an Admission and the I & E provided, since it says "agreed"?

Or is it a Tomlin Order (a Consent Order filed at court) where you privately agree a Schedule (how much you'll pay and how often) and the claim becomes stayed until or unless you don't keep to your agreed repayments and then the Claimant can get a judgment (CCJ) - some Tomlin Orders will say this can happen automatically without a return to court. Could that be what happened in 2017 if you missed a payment?

I'm rubbish with maths, but if the total sum ordered was £5629 to be paid at £10 per month it would take over 46 years to repay so I'm not sure what you mean by "the whole amount has been settled"; so another possibility is there might have been an application of some sort to 'redetermine' the amount paid or enforcement action (Warrant of Control - Bailiffs etc) which triggered the CCJ in 2017 possibly at your old address.

At the moment I can only guess possible scenarios to see if they trigger anything that you might recall.

As Never-In-Doubt has said, check Trustonline website at both addresses.

Di

[Kiddo68]

A CCJ *cannot* be extended. It lasts 6 years whether paid or not.

Go to Trust Online and do a search at current / old address and see if anything is registered. Only Trust Online has an up to date database of CCJ's.

You could still be paying into it, albeit it's no longer recorded at Trust Online. That would be irrelevant and have no effect. So best check first then you'll know what's what.

Let us know once you search Trust Online. -> https://www.trustonline.org.uk

Thanks Never-In-Doubt, ok understood going to look in a moment.

[Kiddo68]

That sounds like an Instalment Order (CCJ) which you (as Defendant) agreed to pay at £10 per month. Maybe you replied to the Claim Form with an Admission and the I & E provided, since it says "agreed"?

Or is it a Tomlin Order (a Consent Order filed at court) where you privately agree a Schedule (how much you'll pay and how often) and the claim becomes stayed until or unless you don't keep to your agreed repayments and then the Claimant can get a judgment (CCJ) - some Tomlin Orders will say this can happen automatically without a return to court. Could that be what happened in 2017 if you missed a payment?

I'm rubbish with maths, but if the total sum ordered was £5629 to be paid at £10 per month it would take over 46 years to repay so I'm not sure what you mean by "the whole amount has been settled"; so another possibility is there might have been an application of some sort to 'redetermine' the amount paid or enforcement action (Warrant of Control - Bailiffs etc) which triggered the CCJ in 2017 possibly at your old address.

At the moment I can only guess possible scenarios to see if they trigger anything that you might recall.

As Never-In-Doubt has said, check Trustonline website at both addresses.

Di

Thanks again, looking at what I have here I think its the first one The Installment Order, sorry that was a typo on my behalf it meant to read 'the whole amount hasn't been settled' its quite possible over the 10 years we may have been late with a payment I cannot recall exactly but I'm sure we never missed one totally and allowed any arrears to build.

Going to go on the Trustonline site in a moment and I'll come back with what I find, thanks for your ongoing help.

[Kiddo68]

On the Trustonline site is best to choose the search by name and address option as opposed to case number as I'm looking for info at both addresses?