Removal of CCJ

[JohnS]

Hello,

My wife into debt with Natwest in 2006 and the account was defaulted for approx £3600. She made no payment and the last communication she received was in February 2011 from a DCA just before we moved house. She has just checked her credit file and she now has a CCJ for £3600 dated August 2011 lodged at Northampton Court. It must be her bank debt as she didn't have any other debts this size and it matches the amount of the debt.

She is very upset as it means she's got 6 years from August 2011 before she can obtain future credit. What are the chances of her getting this CCJ removed as she did not receive a notice or application that a judgment was being made. I know it costs about £80 to put lodge a filing that the CCJ was unfair but is it worth the trouble. Much chance of winning? Would she have had to inform the DCA or Creditor at the time of moving her new address?

Also what would happen if the CCJ was removed? Would the default start from the date it was removed or would it revert to the original default date in which case would it be SB as it's over six years from the original date?

[JohnS]

Re: Removal of CCJ

Hello,

My wife into debt with Natwest in 2006 and the account was defaulted for approx £3600. She made no payment and the last communication she received was in February 2011 from a DCA just before we moved house. She has just checked her credit file and she now has a CCJ for £3600 dated August 2011 lodged at Northampton Court. It must be her bank debt as she didn't have any other debts this size and it matches the amount of the debt.

She is very upset as it means she's got 6 years from August 2011 before she can obtain future credit. What are the chances of her getting this CCJ removed as she did not receive a notice or application that a judgment was being made. I know it costs about £80 to put lodge a filing that the CCJ was unfair but is it worth the trouble. Much chance of winning? Would she have had to inform the DCA or Creditor at the time of moving her new address?

Also what would happen if the CCJ was removed? Would the default start from the date it was removed or would it revert to the original default date in which case would it be SB as it's over six years from the original date?

Can anyone help with the above post please?

[MrsD]

Re: Removal of CCJ

sorry John

we missed you


are you saying that the debt was SB when they got the CCJ? Are you in Scotland?

what kind of account was it?

and what company got the ccj (some are famed for waiting until you move then popping papers through)

[mgfboy]

Re: Removal of CCJ

Well you can apply to the court to have it set aside, if I was you I would email Paul and see what he has to say, but if you where never informed and can prove it I would have thought you would have a good case.

Saying that though, I think they could reapply stright away for the ccj afterwards.

[JohnS]

Re: Removal of CCJ

sorry John

we missed you


are you saying that the debt was SB when they got the CCJ? Are you in Scotland?

what kind of account was it?

and what company got the ccj (some are famed for waiting until you move then popping papers through)

Thanks for your reply. No the default was not SB as it was only five years since the default was registered (last communication).

I am sorry don't know what DCA it was, the credit file just states details of the CCJ but nothing on who registered it.

I live in England.

My conern is that if they removed the CCJ, could they then register another default staight away showing up for another six years on my credit files.

[The Tech Clerk]

Re: Removal of CCJ

But when was the last acknowledgement/payment, usually 3-6 months prior to default?

[JohnS]

Re: Removal of CCJ

Last acknowledgment payment was December 2006, CCJ registered August 2011.

[MrsD]

Re: Removal of CCJ

Ok

then it wasn't SB

I think you need to know who registered it, if you go on to Trust Online, the CCJ will be there, it will give you the detail. Once we know who what and when exactly, it will be easier to formulate a plan.

They can't stick another default on as a debt can only be defaulted once, however, if you got rid of this CCJ, it is possible they would just whip you into court. If you paid off the CCJ, it would be marked as settled but would still be on your file.

Is anyone chasing it?

Try not to keep accessing her file, the CRAs pass on new addresses etc to to creditors, so accessing the file can be like hoisting a flag to say "here I am, come and get me"

[JohnS]

Re: Removal of CCJ

No one's chasing it at the moment. It's just the fact that the six years was nearly up then they got the CCJ so it was another six years on top of that and we've only just found about it, was a bit of a shock.

If they removed the CCJ and the creditor then applied for another CCJ but we paid off the full balance before it got to court stage again what would happen as the CCJ would be removed and the default dropped off the file in 2012.

Would there just be no entry at all on the CRA's?

Thanks we'll check the website you recommended.

[MrsD]

Re: Removal of CCJ

mm not sure about that scenario, but I know a man who will know

get the detail first and we can go from there

[mgfboy]

Re: Removal of CCJ

If you could get the CCJ set aside and then you settled the amount before a new one was granted or within 28 days of it being granted.

The whole lot should vanish from her report.

Like I said earlier I would speak to Paul ( aad tame solicitor!!) to see what he thinks on the best way forward.

If Natwest where a normal person, you could just say to them , OK don't oppose the set a side and we will settle the amount, but I'm sure life will not be that easy!!!!

[JohnS]

Re: Removal of CCJ

Okay thanks very much