Metropolitan was in house HSBC
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I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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It's not a particularly simple process, but it may well be possible to get the CCJ set-aside. Having said that, as you said earlier, it will drop off next February. If it hasn't caused any issues so far, you may want to leave it as it stands. On the other hand, if you do want to get a mortgage it may be worth looking into. I am happy to explain the pro's and con's if you wish.Legal Disclaimer
I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk
If you need to contact me you can send me a message by clicking my username or by emailing me at gerry@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. If you spot an abusive or libellous post then please report it by Clicking Here.
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Originally posted by Toots View PostI found out about the CCJ 3 months after the event. I did a lot of web searching on setting aside and the main message I got was don't bother, that it would be very unlikely that it could be set aside, unless I could prove that they were acting incorrectly. I didn't know about default judgements either. This was after I'd paid £300 to the court hoping that I could do something about it. I didn't know that you couldn't have another CCJ for the same debt.
All of this happened in the midst of a failing (quite nasty) marriage, and my Dad had just died. So, the circumstances weren't exactly ideal for concentrating on court action.
. . . Of all the creditors I've had to deal with HSBC and Restons have been the most aggressive. So, I paid them off for my own peace of mind more than anything else.
Hope that helps.
Yes that does help
Why did you pay £300 to the court - was it an application of some sort?
You've paid off the whole judgement to get peace of mind at a tricky time in your life which seems a good reason. From what you say you were bullied by Restons who weren't helpful at a time when you needed help.
Since you've paid off the CCJ it should be marked 'satisfied' on your credit file so may not be an obstacle to getting a mortgage but it could impact on the interest rate charged by the lender, although it was a long time ago. However, most lenders tend to look at your financial performance over the last three years.
I'll take a look at your other Diary thread to see what can be done with those ones - it's good to take a holistic view of all your debts.
Di
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Originally posted by Gerry Jemitus View PostIt's not a particularly simple process, but it may well be possible to get the CCJ set-aside. Having said that, as you said earlier, it will drop off next February. If it hasn't caused any issues so far, you may want to leave it as it stands. On the other hand, if you do want to get a mortgage it may be worth looking into. I am happy to explain the pro's and con's if you wish.
Thanks for this. I've paid them the money now. So, it seems a bit stable door and horse. If I could potentially get the money back then I might consider it. Having a CCJ doesn't stop you getting a mortage, it just means a lower LTV and higher interest rates.
The CCJ has caused some issues for the last few years. My work at the moment involves finances. If I needed to move to another similar job they would probably credit check me if I was required to make payments on behalf of the company. I got a freelance job a couple of years ago, and they asked me if I would be doing payments, and I had to refuse that part of the job.
Plus, I rent. I have a dog, work part time, and have a CCJ. Add all those together, and I say bye bye to living anywhere decent. Particularly now in Covid times.
Certainly happy to take any advice you can give. Pros and cons always good to know.
Many thanks.
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Originally posted by PlanB View Post
Yes that does help
Why did you pay £300 to the court - was it an application of some sort?
You've paid off the whole judgement to get peace of mind at a tricky time in your life which seems a good reason. From what you say you were bullied by Restons who weren't helpful at a time when you needed help.
Since you've paid off the CCJ it should be marked 'satisfied' on your credit file so may not be an obstacle to getting a mortgage but it could impact on the interest rate charged by the lender, although it was a long time ago. However, most lenders tend to look at your financial performance over the last three years.
I'll take a look at your other Diary thread to see what can be done with those ones - it's good to take a holistic view of all your debts.
Di
Thank you.
I didn't pay the whole CCJ amount. I paid a reduced amount to Restons. So, the CCJ is not satisfied. It just means Restons will leave me alone.
The £300 pounds was the application to the court to appeal the CCJ.
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Originally posted by Toots View Postpaid a reduced amount to Restons. So, the CCJ is not satisfied. It just means Restons will leave me alone.
The £300 pounds was the application to the court to appeal the CCJ.
If you made an application to the court and also settled this with Restons what happened to the Application or was dropping your Application part of the reduced settlement deal?
It will still show as a CCJ on your CRA but not 'partially satisfied' so the sooner it drops off your file the better.
Di
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Originally posted by PlanB View Post
If you made an application to the court and also settled this with Restons what happened to the Application or was dropping your Application part of the reduced settlement deal?
It will still show as a CCJ on your CRA but not 'partially satisfied' so the sooner it drops off your file the better.
Di
Restons didn't know about the application for appeal. I dropped it because of the information I got from the internet indicating I wouldn't get anywhere with it. I did ask the court if I could have the application money refunded, but got a refusal. Restons took what was the original debt of £8500. The CCJ is for £11500.
Hey ho.
Toots
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Originally posted by Toots View PostI dropped it because of the information I got from the internet indicating I wouldn't get anywhere with it. I did ask the court if I could have the application money refunded, but got a refusal. Restons took what was the original debt of £8500. The CCJ is for £11500.
I think you'd struggle to have a 'second bite at the cherry' if you have previously made an application to the court which you dropped.
On the bright side you did get a reduction from Restons, so not all bad.
I hope you've kept the paperwork on a just-in-case basis, but put it out of sight and out of mind while you concentrate on your other debts - I see one has already been deemed unenforceable by Niddy so that's a good start
Di
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Originally posted by PlanB View Post
I think you'd struggle to have a 'second bite at the cherry' if you have previously made an application to the court which you dropped.
On the bright side you did get a reduction from Restons, so not all bad.
I hope you've kept the paperwork on a just-in-case basis, but put it out of sight and out of mind while you concentrate on your other debts - I see one has already been deemed unenforceable by Niddy so that's a good start
Di
Yes, I've got a huge pile of paperwork from all the creditors. I might have lost a couple of letters along the way, but in the main it's complete.
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Hi, everything has been fairly quiet, but today I got a letter from Cabot threatening court action unless I speak to them about repayment options. I have one month to get in touch with them before they start the process. There are no 'may' or 'mights' in the letter, but they are defo saying 'will'. I haven't been paying this debt, and haven't asked for a CCA. Any advice? I'm 52 and can't have another 6 years on the clock.
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you have not had a letter of claim, next move up to them CCA not at the moment PlanB
do not panic it is what they want,m they are struggling as many a site has had mad brain threatograms from 3rd drawer!dpwn.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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Originally posted by Toots View PostHi, everything has been fairly quiet, but today I got a letter from Cabot threatening court action unless I speak to them about repayment options. I have one month to get in touch with them before they start the process. There are no 'may' or 'mights' in the letter, but they are defo saying 'will'. I haven't been paying this debt, and haven't asked for a CCA. Any advice? I'm 52 and can't have another 6 years on the
Also what exactly Does the letter say for example it might say we will pass it to all legal representatives to assist for legal action. If you hear anything other than a one page letter you need to let us know
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As Warwick65 points out its difficult and frankly unwise to comment without details
Your entry
13 May 2021, 15:52
Originally posted by The Tech Clerk View Post
• Type of account:
• Date commenced:
• Approx balance:
• Last FULL payment:
• Any Last TOKEN payment:
• Status:
• Account owner:
Thank you. Will get on with it. Much appreciated.
I think it will help you and AAD if you could provide at least the above details on your debts.
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Originally posted by Warwick65 View Post
It is Difficult to offer advice because I can’t see any details about this account. If you have posted details elsewhere on the forum could you show us where that is or give a brief outline of the type of account; debt credit, card loan, overdraft et cetera and approximately how much it is. Also when did you last make any payment to this account. It is really important for people to Understand so that we can give informed opinion.
Also what exactly Does the letter say for example it might say we will pass it to all legal representatives to assist for legal action. If you hear anything other than a one page letter you need to let us know
https://all-about-debt.co.uk/forum/d...toots-ue-diary
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Originally posted by Roger View PostAs Warwick65 points out its difficult and frankly unwise to comment without details
Your entry
13 May 2021, 15:52
Originally posted by The Tech Clerk View Post
• Type of account:
• Date commenced:
• Approx balance:
• Last FULL payment:
• Any Last TOKEN payment:
• Status:
• Account owner:
Thank you. Will get on with it. Much appreciated.
I think it will help you and AAD if you could provide at least the above details on your debts.
https://all-about-debt.co.uk/forum/d...toots-ue-diary
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