CCJ Help

[Hixxy88]

Hi, my partner was recently refused credit and upon completing a credit check he found he has a CCJ that was issued November 2019. We called they solicitors as the courts said it was with them and all they could advise it was from a Vodafone phone debt from an account opened in 2004 and the last payment Capquest the debt collector has was Jan 2018 and it’s for an account that had 3 phone numbers. They cannot tell us the phone numbers or give copies of signed contracts. My partner wasn’t aware the the DD had been set up by capquest although he’d paid 71 instalments of £10 and he has no idea about the account with Vodafone. He does had a Vodafone account now but only with the one number which is all paid up. All letters had been sent to his mums old address and then to his last address but he had moved out and had not received any letters. We have just reinstated a payment plan with the solicitors as they have just issued a warrant and we don’t want bailiffs round! But where do we stand?! We can not afford to seek independence advice but not our future is in jeopardy as we will not be able to apply for a mortgage next year like we wanted to. As we didn’t get the letters we didn’t get the chance too pay within the 30 days to have the CCJ removed. The letters could have been forwarded from his old address by the agents to an address with his ex partner and feel she could possibly have binned them as they are not on speaking terms. We know it’s partially his own fault as he didn’t ever check online banking to see the old payments leaving his account from Capquest, but if he wasn’t aware of the debt how could he have known to update his address with the debt collector?! *

[Law Student 1]

I assume you are accepting that you owe this money but that the proceedings are unfair as you did not know there was a CCJ until you got a credit check.

If you do believe it's unfair, you may be able to get rid of it.

To do this you must persuade a judge to issue something called a 'set aside order'.*This essentially takes you back to square one to when the claim form was issued and gives you the chance to clear the debt and remove the black mark from your credit file. If you accept that you owe the money, you should pay the bill as soon as possible and certainly by any deadline set by the court.

To challenge a CCJ, you need an N244 form. You can get this from hmctsformfinder.justice.gov.uk or call your local county court. However this process can be costly.

It may be best, if you have not done so already,*to try negotiating with the company chasing you for money.*Contact whoever deals with debt collection at the firm. This should be listed in the judgment. If you are unsure, call customer services and ask for an address.

If you don't have a copy of the CCJ, ask the court that issued it.

Tell the firm in writing that you are applying to have the CCJ set aside. Explain why. The company may decide it's not worth its while going to court and agree to the order being thrown out as long as you pay what you owe quickly.

However, even if you reach an agreement with the firm, a judge will still have to give permission.

Send the court a letter stating that the debt has been paid and that both parties consent to the judgment being set aside. This must be signed both by you and your creditor.

The judge may still ask you to attend a hearing.

If the company doesn't consent to setting aside the CCJ, the next step is a court hearing. It normally takes three to four months for one to be arranged.