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Domestic Abuse - CCJ issued to old address - Have I acted too swiftly in settling ?

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  • Domestic Abuse - CCJ issued to old address - Have I acted too swiftly in settling ?

    Letter received from collection agency (lets call them DFS) date 14 Oct relates to a CCJ obtained by a Student Loans Company in Sept 2019 with advice that failure to pay may lead to further enforcement action.

    Background is that the address to which previous correspondence was being sent is former address which I left following period of domestic abuse leading to a mental breakdown and had failed to advise the loan firm at the time simply due to my mental health at time.

    My knee jerk reaction has been to clear the balance claimed of c5k immediately as I'm in a financial position that allows me to to do this (I've since checked and it matches the actual CCJ figure but I don't know if this includes any fees added before the CCJ was obtained)

    I'm concerned that in my line of work , and if applying for credit, even a satisfied CCJ will reflect badly and want to seek to have the original order set aside (I'm starting through the guidance from legal beagles to do this)

    My first issue and question is whether having paid off the claim I will still be able to apply to the court to have the CCJ set aside as it will have been satisfied ?

    Also is the loan company obliged to send me a statement showing the make up of the balance they obtained a CCJ for and if this includes fees and admin charges is there any way I can have these refunded given my circumstances and the protection companies are supposed to give in cases of domestic abuse ?

    If necessary I can supply the court with evidence such as orders taken out against my ex husband , correspondence with doctors and documents showing I'd left the area by the time the claim was made.

    Once I know whether I can do this I'll probably have more questions about completing forms so please be patient with me .

    Thanks in advance

  • #2
    Weoul welcome some guidance on the above as the collection agency seem to be considering giving consent but want to see draft N244 first. Obviously IF by satisfying the judgement - which the agency have confirmed has been done - it means we can't then have it set aside it'd be a waste of time and money to pursue. BUT provided it's possible to have a satisfied order later set aside we would want to continue (even if agency don't join in with consent)

    Any guidance welcomed !

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