CCJ Removal Process

[PlanB]

Finally got the court to send the info, having checked it all it relates to a different debt.

. . . . They sold the debt in 2014 to another DCA just after the time we moved but we carried on making the agreed payments, 3 years later they decide toenter a judgment but we don't know this as they only have our old address so receive no notification.

So my questions are now if we were making payments why did they enter a judgment several years later?

Hello

Finally the mystery of who obtained the CCJ has been solved - now you need to solve the problem.

If I've understood you correctly this CCJ from 2017 has nothing to do with the CCJ from 2011 according to the information you've been emailed by NCCBC which appears to be the Particulars of Claim.

The claim form was issued/served on an address where you weren't living. That alone could be grounds for having the CCJ set aside under CPR 13.2.

You would then need to defend the claim.

The CCJ is £5.7k (possibly more because you've been paying the Claimant or their solicitors in ignorance of the CCJ since 2017?) which is not a small sum so I'm going to suggest that you contact my colleague Colin to see what could be achieved and how. You can reach him by email using colin@joannaconnollysolicitors.co.uk.

I'll tag him into this thread so he can see the story so far.

Colin G Quinn


Di

[Kiddo68]

Thanks PlanB really appreciate it, I know its probably a question for him but do you know roughly what the solicitors fees can be for this sort of thing?

[Kiddo68]

PlanB

I think , if you have only just found out you can apply for a set aside because of the wrong address. However that is only worthwhile if you can defend the claim otherwise you would end up with a new CCJ and another 6 years of ruined credit score.

Let’s see what others think.

Thanks for your continued help Warwick

[PlanB]

Thanks PlanB really appreciate it, I know its probably a question for him but do you know roughly what the solicitors fees can be for this sort of thing?

Initial advice from Colin should be free

What you need to know is what are your options so you can make up your mind on whether you want to challenge this CCJ or not, depending on your current personal circumstances (i.e does the CCJ matter in the grand scheme of things) and so on.

I'm still here (on the forum) if you want me to help you.

Di

[Gerry Jemitus]

If you have them, email me a copy of the claim form and judgment, and I can advise you our fees and the court fee. If you have only just discovered that you can apply to have the CCJ set aside, then it shouldn't be a problem. We haven't had any of these debts that we haven't been able to defend, whether enforceable or not.

Email gerry@joannaconnollysolicitors.co.uk or Colin and I will get back to you.

[PlanB]

If you have them, email me a copy of the claim form and judgment, and I can advise you our fees and the court fee.

As you will see from the thread the OP does not have the claim form or the judgment which Niddy and I have spent some time helping them to track down.

However they now have an email from NCCBC which I've suggested he should email to colin@joannaconnollysolicitos.co.uk for initial free legal advice on their prospects prior to any fee quote.

Di

[Gerry Jemitus]

As Di says, we do not charge for initial advice, and we always explain your options so that you can make an informed decision.

[Kiddo68]

As Di says, we do not charge for initial advice, and we always explain your options so that you can make an informed decision.

Thanks Gerry, I will if I may contact Colin as PlanB has kindly provided his contact, I do thank-you for your input though as I appreciate you work for the same company.

[Kiddo68]

Initial advice from Colin should be free

What you need to know is what are your options so you can make up your mind on whether you want to challenge this CCJ or not, depending on your current personal circumstances (i.e does the CCJ matter in the grand scheme of things) and so on.

I'm still here (on the forum) if you want me to help you.

Di

Thanks Again, I'll email Colin re this now to see if anything can be done.

The CCJ in itself is not that important in the grand scheme of things now I know it doesn't impact my son which was my original concern however if there is potential for it to be set aside then it be foolish to not at least explore the idea in more detail I suppose.

[PlanB]

Thanks Again, I'll email Colin re this now to see if anything can be done.

The CCJ in itself is not that important in the grand scheme of things now I know it doesn't impact my son which was my original concern however if there is potential for it to be set aside then it be foolish to not at least explore the idea in more detail I suppose.

That’s exactly my point, you need to canvas various opinions before deciding what works for you and your family.

Niddy was correct to say that this CCJ shouldn’t have a negative impact on your son’s credit rating which as you say was your primary concern.

What you also need to know is whether it may have a lingering effect on your life if there’s any potential attempt to enforce it and you are a homeowner etc.

I can probably answer your questions but it may make sense to ask my colleague Colin what he thinks too.

Di

[Kiddo68]

That’s exactly my point, you need to canvas various opinions before deciding what works for you and your family.

Niddy was correct to say that this CCJ shouldn’t have a negative impact on your son’s credit rating which as you say was your primary concern.

What you also need to know is whether it may have a lingering effect on your life if there’s any potential attempt to enforce it and you are a homeowner etc.

I can probably answer your questions but it may make sense to ask my colleague Colin what he thinks too.

Di

Appreciate those points Di, I've made contact now so will see how it goes, thanks for all your help thus far

[PlanB]

Appreciate those points Di, I've made contact now so will see how it goes, thanks for all your help thus far

You’re welcome

As a parent I know exactly what’s going through your head.

As a Litigation Executive in a law firm I have some idea of what your legal options might be.

Only you can ultimately decide what will work for you and your family in the long run.

Di

[Colin G Quinn]

Hi,

I've just replied to your email.

[PlanB]

I've just replied to your email.

Thank you.

Di