Set Aside an old Ccj. (Default. Wrong address)

[Glockley]

Hi everyone,
I received a ccj from lowell solicitors for £537 in 2017 for a telecommunications bill to an address that I wasnt living in. When I did receive the letter I paid it in installments and had it satisfied in 6 months. At the time I was really not considering getting a mortgage and had no idea of the ramifications that would ultimately destroy my chances of getting a mortgage. I was in a serious amount of debt I paid of in excess of 5000 pounds. I had a number of defaults as well which obviously isn't great.

Anyway I have browsed and discovered that actually I may have have grounds to remove the ccj because the documents weren't received until after the four week period and any help and advice would be great and much appreciated.

[luxardo]

So you have a CCJ but it is satisfied ? You paid the sum adjudged to the claimant (Lovell) ? So you don't owe them anything now ?
You can apply to have the CCJ set aside on the grounds you had no knowledge of it as it was sent to the wrong address.
If it has been paid I can't see Lovell wasting time or money contesting the application so it will be a walkover.
Fill in a N244 form from gov.org website and sent it to the court with the fee.

[Debt Camel]

You can apply to have the CCJ set aside on the grounds you had no knowledge of it as it was sent to the wrong address.
If it has been paid I can't see Lovell wasting time or money contesting the application so it will be a walkover.
Fill in a N244 form from gov.org website and sent it to the court with the fee.

have you seen this work or are you guessing? because a set aside application should be made promptly, as soon as you become aware of the CCJ. Not more than 6 months later.

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[Amethyst]

Indeed. It's unlikely the court would agree to set aside in these circumstances.

When you received the judgment would have been the time to apply to set aside had you not received the claim form previously. You elected instead to pay it over 6 months and now have a satisfied CCJ on your credit file and the judgment register for the next 6 years.

You can try of course, but first ask Lowell if they would consent - as that would help - But bear in mind even if they do, and sign a consent order, it is up to the court in the end if they agree.

If you have numerous defaults on your credit file as well you would still struggle to obtain a mortgage. How long ago was your last default ? I'd concentrate on enduring everything is marked as settled/ satisfied and the rest of your credit file is good so that you can show you went through a blip and have got things back on a level and kept things that way for a good couple of years before looking at a mortgage application.



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[luxardo]

Agreed, but if the creditor doesn't object to the application then it should be granted ?

[Glockley]

As far as I was aware I had missed my opportunity because I'd missed the 4 week period. I'll get in touch with lowell and see if they are willing to consent for my application. With my credit file everything is ship shape everything was satisfied over between 3-5 years ago and no payments have missed ect in 3 years. so if £255 can get me hooked up with a decent mortgage I think it's worth the punt even if it's a 50/50 chance.*