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Just found out about a CCJ from 2016

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  • Just found out about a CCJ from 2016

    I just ran my credit report and then did trustonline and found out that I have a ccj from 2016 that I had no idea about. It is to an old address that I only lived in for one year (in 2014) - the creditor knew of my new address but still filed to this one. The ccj for 2k, I am in a position to pay this but the original company is no longer in operation. Is there any way to get this paid, and then removed from my credit file? If I had known about it I would have dealt with it at the time before it got granted. I work in Finance so having this on my file has an impact on my career.
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  • #2
    Set Aside Application if advise on here

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    • #3
      give real time details of this one??

      Comment


      • #4
        Originally posted by rachelk123 View Post
        I am in a position to pay this but the original company is no longer in operation.
        When you say the original company you mean who you ran the debt up with?

        Do you know who has registered the CCJ, is this the original company or has the debt been sold to someone who have then obtained it?

        You should make an application to set aside the judgement pursuant to CPR 13.2 & 13.2 in that the claim was served on a previous address and you did not have opportunity to defend the claim.

        The above is important as the application must be made either with or without consent of the claimant, which impacts the fee you must pay to apply. If successful you'll be able to claim the fee at hearing from the other side and the claim will be reset to as if you have received the claim form.

        At that stage with our help you can go through a process of seeing whether the claimant has the necessary paperwork to potentially get a judgement on you or negotiate settlement with the claimant if you'd like without a CCJ being registered against you. If the latter it won't be for £2K, you should be able to get a reduced settlement.

        Time is of the essence though, you need to write to the claimant requesting them to consent to set aside and to confirm their position within 7 days. If they don't you'll need to apply without consent as you have to apply "promptly" after discovering the judgement.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Thank you for this. The CCJ was filed with County Court Business Centre - this is all I know - how do I know how actually registered the CCJ? The original debt was with a credit union that is no longer operating. Should I go ahead and write to the company dealing with the now insolvent credit union?

          Comment


          • #6
            No you need to contact CCBC Northampton and find out who the claimant of the claim is and it’ll be them you write to, call them on 0300123 1056.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment

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