Asking for a CCJ to be set aside

[huskie]

Hi all

I've made significant headway in the last year paying what I could afford to pay on existing debts (and seeing others slip into SB!) and I now have an almost immaculate credit file - except that is for a CCJ, which I satisfied last year....

The CCJ was as the result of an unpaid joint gas bill (my ex girlfriend was also served with the CCJ). I didn't know about this debt as the relationship had ended before the debt was an issue. I only found about the CCJ when I saw it on my credit file where immediately paid it in full.

My credit score is still abysmally low and I'm still having great difficulty in obtaining any form of credit (I wonder if the CCJ satisfaction actually made any difference to the score at all). Even my own bank refuses to accept my application for a credit card despite having direct access to my transactions and evidence of my financial stability.

Today, I paid using the 'Noddle Improve' service to see what my score actually is and to see what's affecting me. The only 'marker' on my score is this CCJ.

Now then... here's where I think I may have grounds for it to be set aside....

The date of the CCJ was the end of October 2012 am I'm positive the judgement was sent to my old (incorrect) address which is why I wasn't aware of it. I had not lived at that address for a year and can have my landlord provide the tenancy agreement showing the date I first moved in.

I've looked at various sources online about requesting a CCJ to be set aside and one of the criteria for this is that the judgment has been issued to an incorrect address.

Any thoughts on this? Is it worth pursuing? If I can't shift this satisfied CCJ which I believe is unfair as I was unaware of the judgment, it'll still remain on my file for another 2 years.

[Undercover Elsa]

Re: Asking for a CCJ to be set aside

Hi huskie,
Was the Energy Company aware of your current address when they issued the claim?

I'll move this thread to general legal where it will get more attention

Elsa x

[huskie]

Re: Asking for a CCJ to be set aside

Thank Elsa.

No they weren't. I'm guessing that for this to be a valid request for the judgement to be set aside, they should have been informed?

[Undercover Elsa]

Re: Asking for a CCJ to be set aside

I believe so. They are allowed to issue it to your last known address address if you haven't informed them of your new one I'm afraid.
Failing that if you would need to show that you had a good prospect of defending the claim.

Wait for other replies though, and I'll flag this up for a legal opinion to see if there's any way round it.

Elsa x

[ATW]

Re: Asking for a CCJ to be set aside

If it was still a joint gas bill for the period they have claimed for and you did not tell them that you had moved then I think you are stuffed on setting it aside. I am not sure how you set it aside once it has been paid too- not something i have looked at before. They are bound to use the fact that you paid the debt as evidence against you that it is genuinely owed.

Is the CCJ marked as satisfied on your credit file or does it appears as still being outstanding? You may need to apply for a certificate of satisfaction form the court. I think the fee is only around £15.00

[huskie]

Re: Asking for a CCJ to be set aside

Thanks ATW

It was, as you say a joint bill (for a period where I was no longer a tenant at the property). However, I did not inform them of my change in circumstances (I assumed my ex had dealt with it - will not make those kind of assumptions next time!). So yes, I think I'm probably stuffed in this regard then.

I did apply for a certificate of satisfaction last year when I'd paid the debt which I then forwarded onto the credit agencies. Having cleared everything else and essentially having a 'clean' credit file with the exception of this satisfied CCJ I was shocked to see my score so low. I guess I'll just have to wait and see what happens when the CCJ finally drops off my file! I have recently been accepted for credit building credit cards (Aqua, Capital One etc) so I'll use them wisely and hope that they do indeed help rebuild my score.

[Undercover Elsa]

Re: Asking for a CCJ to be set aside

Was the bill actually for a period when you weren't living in the property, Huskie?

[huskie]

Re: Asking for a CCJ to be set aside

I believe it was yes Elsa

[Undercover Elsa]

Re: Asking for a CCJ to be set aside

In that case I wonder if it would help to write a Formal Complaint to the energy company concerned with copies of proof of living elsewhere at the time of the bill. State that you were not liable for the bill once you left, and understood it had been taken care of by your ex girlfriend who remained at the property, and that you only just found out there is a CCJ against you for a bill you did not owe, which is damaging your credit record.
Might be worth a try?

[Undercover Elsa]

Re: Asking for a CCJ to be set aside

Reminds me of a Liability Order my son got for Council Tax on a shared house. First thing he knew about it the bailiffs were at the door. He'd left the house and rented elsewhere after problems with the other tenant.
When he provided proof that he'd moved out the council reduced his liability to the time up to when he left.