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Help with CCJ Neededd

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  • Help with CCJ Neededd

    Hello, I was hoping to get some advice prior to reaching out to the court.


    In 20/06/2017 I have had a CCJ recorded against my name. I have only found out about it a few years after as it was causing issues to get lending and got it all paid it all in full (Satisfied in 2020).

    I am now looking at getting a mortgage for myself and the kids, and the CCJ is seriously lowering my chances. I am now exploring the possibility of getting the CCJ removed.

    The CCJ is recorded in June 2017. I have moved into a different property in Feb 2017 and did not receive any paperwork for the court.

    Also, the address on the CCJ is the old address from which I have moved in February 2017.

    Please could anyone advise if, in your opinion, I would stand the chances of removing this from my file at all? I would really appreciate any comments from those who have any experience in this, I feel fairly desperate and this feels like a little straw that I might be able to get a grab of.


    Many Thanks in advance,
    J


    Tags: None

  • #2
    Very slim chances of getting it set aside and by your own admission you are looking to repair your credit so you can get a mortgage, which the court frowns upon. When you pay a CCJ you are deemed to have admitted the debt. If you didn't agree with it then you should have made an application to set aside the default judgment.

    When judgments get set aside, legal proceedings continue where they left off i.e. the defence stage. How can a court set aside a default judgment and then proceed with the case if the dispute has already been paid for? That would be akin to an abuse of process.

    The only slim chance you might have would be to get the claimant to consent to setting aside the judgment but the courts are becoming wise to these situations and are challenging people to explain why it should be set aside.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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