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Settled CCJ - mitigating circumstances why i could not pay within 30 days
Hi All, thanks in advance for reading this and i welcome any thoughts, strategy to remove CCJ from credit file, as I’m hearing different advice from all manner of sources.
I owed a debt to ultimately "Asset Link". I have been liaising with CDA, a charity assisting members of the public that are in debt and struggling. I had agred with Asset an amount a month to bring the debt down slowly. In March 2019 i lost my job and couldn’t pay Asset as well as all my essential bills, mortgage included. CDA were corresponding with creditors on my behalf. In May & June, i entered residential rehab and therefore all communication was shut off, no mobiles, laptops, IPad, TV etc., and obviously as i was away from home no access to post.
When i left rehab i returned home to open the mail, and there was a letter advising a CCJ was issued (dtd 02.05.19) , the day after i entered rehab. In the judgemembt, it states that if i settled within 1 month, the CCJ would not be recorded on my credit file. As soon as i opened the CCJ, i contacted the claimant and settled the debt. Clearly, because i was unaware pf the CCJ and the 30 day timeframe, due to being in hospital from 1st May to 13th June, i was not able to take advantage of the incentive to settle immediately
Not fully savvy when it comes to CCJ and courts, i thought my next step was to ask the Courts to set aside the judgement. In my mind this was the process to confirm debt was settled (i was provided a letter by Claimant that case was settled), which in turn would confirm removal of CCJ from credit file. I attended Magistrates court who dismissed my claim for 'set aside' as she stated I owed the debt and have since paid it, which is correct. As a newbie, I didn’t realise "setting aside" is more about entering a defence, as well as including if correspondence was set to wrong address etc. I know i owed the debt, so in hindsight the setting aside motion was unnecessary for me, as i did owe the debt. BUT what i do want taken into consideration, is that i was not aware pf the 2nd May judgement due to me being in hospital and therefore had no way to settle the judgement in 1 month, to avail myself of the removal of CCJ from credit file.
Once i had left hospital, i contacted claimant, settled the debt, they issued me with confirmation that it was settled, which at some stage I assume I will need to pass to Court. Once i explained the circumstances to the magistrate, (although I felt I didn’t get the opportunity to explain the full story), she suggested what i needed to do was follow up, obtain a "completion certificate" i think. Is this correct and from where, or is the letter from claimant confirming the debt is satisfied sufficient?
So my questions are, who can i present these mitigating circumstances to, to take into consideration the genuine reasons why i was unaware of the CCJ. How I was therefore unable to pay within the 1 month that as soon as i became aware of the CCJ, i settled it immediately.
Do i need to contact claimant to explain my hospital visit so they can provide a supportive letter confirming case now settled. Do i then write to Court to explain the situation?
I am at a bit of a loss as to what to do currently, but my main focus is removing the CCJ from my credit file, as had i not been in hospital, i would have been able to pay within the time period and would not therefore have a CCJ on my record for the next 6 years.
Please let me know if you need any more info and thank you for taking the time to read intuit doesn’t seem fair that as I was in Hospital and not able to receive correspondence, I am therefore punished unnecessarily, even though I settled the debt asap BUT had I not been in residential rehab, I would have settled AND had CCJ removed.
Look forward to receiving your advice in the near future.
Cheers
SJ
I owed a debt to ultimately "Asset Link". I have been liaising with CDA, a charity assisting members of the public that are in debt and struggling. I had agred with Asset an amount a month to bring the debt down slowly. In March 2019 i lost my job and couldn’t pay Asset as well as all my essential bills, mortgage included. CDA were corresponding with creditors on my behalf. In May & June, i entered residential rehab and therefore all communication was shut off, no mobiles, laptops, IPad, TV etc., and obviously as i was away from home no access to post.
When i left rehab i returned home to open the mail, and there was a letter advising a CCJ was issued (dtd 02.05.19) , the day after i entered rehab. In the judgemembt, it states that if i settled within 1 month, the CCJ would not be recorded on my credit file. As soon as i opened the CCJ, i contacted the claimant and settled the debt. Clearly, because i was unaware pf the CCJ and the 30 day timeframe, due to being in hospital from 1st May to 13th June, i was not able to take advantage of the incentive to settle immediately
Not fully savvy when it comes to CCJ and courts, i thought my next step was to ask the Courts to set aside the judgement. In my mind this was the process to confirm debt was settled (i was provided a letter by Claimant that case was settled), which in turn would confirm removal of CCJ from credit file. I attended Magistrates court who dismissed my claim for 'set aside' as she stated I owed the debt and have since paid it, which is correct. As a newbie, I didn’t realise "setting aside" is more about entering a defence, as well as including if correspondence was set to wrong address etc. I know i owed the debt, so in hindsight the setting aside motion was unnecessary for me, as i did owe the debt. BUT what i do want taken into consideration, is that i was not aware pf the 2nd May judgement due to me being in hospital and therefore had no way to settle the judgement in 1 month, to avail myself of the removal of CCJ from credit file.
Once i had left hospital, i contacted claimant, settled the debt, they issued me with confirmation that it was settled, which at some stage I assume I will need to pass to Court. Once i explained the circumstances to the magistrate, (although I felt I didn’t get the opportunity to explain the full story), she suggested what i needed to do was follow up, obtain a "completion certificate" i think. Is this correct and from where, or is the letter from claimant confirming the debt is satisfied sufficient?
So my questions are, who can i present these mitigating circumstances to, to take into consideration the genuine reasons why i was unaware of the CCJ. How I was therefore unable to pay within the 1 month that as soon as i became aware of the CCJ, i settled it immediately.
Do i need to contact claimant to explain my hospital visit so they can provide a supportive letter confirming case now settled. Do i then write to Court to explain the situation?
I am at a bit of a loss as to what to do currently, but my main focus is removing the CCJ from my credit file, as had i not been in hospital, i would have been able to pay within the time period and would not therefore have a CCJ on my record for the next 6 years.
Please let me know if you need any more info and thank you for taking the time to read intuit doesn’t seem fair that as I was in Hospital and not able to receive correspondence, I am therefore punished unnecessarily, even though I settled the debt asap BUT had I not been in residential rehab, I would have settled AND had CCJ removed.
Look forward to receiving your advice in the near future.
Cheers
SJ
