Set Aside Application-CCJ

[RealDeal24]

Hi I signed up to Noddle on 28 June 2017 and found that there was a CCJ issued on 15 May 2017 on my credit file. I had no idea what it related to so calles the court (Northampton County Court Business Centre) who provided the name of the solicitors in the matter (Moriarty Law). I contacted Moriarty Law on 28 June to enquire what the CCJ related to and they informed me their client was Motormile Finance who had bought a payday loan in my name. I explained that I had not received any notification of a proposed claim from either themselves or the court. They stated that they had sent several letters to my current address - none of which were received. I asked them for assistance in settling the debt and removing the CCJ. They said they couldn’t remove the CCJ. They also notified me of another client with a payday loan under my name. I made an agreement to settle And paid in 4 instalments. The CCJ was updated as satisfied on my credit file in September 2017.

I learned yesterday, when recounting the matter over the phone to Experian, that notwithstanding I have settled the balance and the time period that has passed, that I should apply to get the judgment set aside on the basis that as soon as I learned of the amounts owed I made contact to make an arrangement to pay. My understanding at the time was that a set aside application would need to be made within 30 days of the date of the judgment and I only learned of the existence of the judgement, by chance review of my credit file, approximately 2 weeks after the judgement was ordered. I did not receive a copy of the judgment from the court either.

The main reason for wanting to remove the CCJ from my credit file is because I am applying for qualification as a solicitor and a CCJ has an adverse effect on my application particularly as my employers, from whom I require a reference from in support of my application, have asked that I do all I can to remove it before a reference will be provided.

Additionally, the original debt defaulted in 2012 and is scheduled to ‘drop off’ my credit file in October of this year. I have not disputed the debt. I actually believed that it had been settled back in 2014. My contention is that had I received notification I would have made arrangements to pay immediately and no judgment would have been required. The existence of the CCJ although settled has the potential to have very long reaching affects on my life (I.e. bar me from a profession which I have studied and worked long and hard to enter) which I believe is disproportionate to the objective of the CCJ.

Thanks in anticipation of any advice you are able to share.

[R0b]

Hello

The starting point is that you have a CCJ, you've paid up and therefore that is on the face of it an admission of liability. Set aside applications are not used to amend an individual's credit report just because it might affect you in some way. The Courts usually see that as a backdoor attempt to repair your credit file and some judges would instantly dismiss for that reason. Other judges might be more sympathetic to you and allow you to set aside the CCJ but as you've paid it, then that might make things more difficult.

I suggest you take a look at my guide on set aside applications for more detail -> click here

On the point about you wanting to make your application as a solicitor to qualify, I think you are likely to struggle. On the AD1 Form which is the application for admission. There is a specific question at 5.6 of the application that says whether you have had an IVA or CCJ before. If the answer is yes then there is the presumption that you cannot manage your finances and the SRA will reject your application, unless you can show there are exceptional circumstances. Note that the question does not say whether you currently have one rather it asks if you have ever had one. So if you were to wait until October for it to drop off and then tick the box "No" then that would be lying and if the SRA find out they treat that as dishonesty and all hopes of becoming a solicitor will be lost as you will more than likely be struck off.

The SRA do offer a character suitably screening service which will determine how likely you will be accepted in your current circumstances so it would be wise to use that prior to making your official application although it can take 3 or 4 months before they get back to you.

Obviously we don't know how your credit history has been but if that is the only CCJ you have then you might be able to argue that it was a blip, you were unaware and it was 6 years ago and since then you have kept your nose clean (assuming you have) and managed your finances meaning there has been no other CCJ's recorded on your file and you may wish to evidence that with a copy of your credit file.

Really difficult to know what decision the SRA will take but I understand they take a strict stance on anything which could affect your character.

[MIKE770]

deleted