Didnt know I had a CCJ

[Problem]

Hi All

My company recently did a security check on all of the employees and advised me that I have a CCJ back in Aug 2007 worth £730 at my old address. I was completely unaware of this. I stayed at that shared property with other tenants till 2010 but it never came to my knowledge.
Now that I have found out it has struck me bad as I dont know how can it affect my professional career but real worry is that I am currently planning for a mortgage. I presume with this issue it will be difficult to get one isnt it?
Like any other obviously i dont need this burden over my head as I have family to support and honestly speaking wont be happy to pay it back to who ever i owe.

Can someone please advise how should I proceed and what should I do about this? How badly it can affect me? and in case I want to settle this claim how should I do it? would I have to contact the court? how?

Please please help.

[CleverClogs]

Re: Didnt know I had a CCJ

Check for yourself at the Registry Trust - link

[Problem]

Re: Didnt know I had a CCJ

I have got the case number, court and amount from my credit report. I Believe thats all register will provide as well.
I need advise what should I do as uptill now i didnt know about the ccj and limit to reply to it is usually 14days. way past that.
the only reason i can think of is that one of the house mates hid all the communication to prevent himself from paying any bills. but i am stuck with it unfortunately.

[CleverClogs]

Re: Didnt know I had a CCJ

You could either settle the debt, or wait two years for the judgement to drop off your file.

[teaboy2]

Re: Didnt know I had a CCJ

Limit to have a CCJ set aside only applies if you knew about it. As you didnt then you can get it set aside by issuing a N244 form stating that you were not aware of any such claim and only became aware a CCJ had been issued when you checked your credit file on (Date). As such you were not given the option to defend the claim, where if you had known about it you would have defended it in full.

Others should be able to advise on the exact wording for you, but that basically the gist of it.

[Problem]

Re: Didnt know I had a CCJ

thankyou all
its quite stressing for me after coming to know that a fee of £75 applies if you want the judgement to be set aside or even if you pay the amount in full £15 to get certificate of satisfaction.:tinysmile_cry_t:

[teaboy2]

Re: Didnt know I had a CCJ

True but, you will beable to claim it back in an application for costs, if you win your case against the claimant. As their is no doubt when you get it set aside they will again pursue the claim, where you can defend and hopefully you will win, especially with our help here.

[Problem]

Re: Didnt know I had a CCJ

hmm thats interesting. i didnt know you can claim back the cost. it is after the claim get settled and all that?
I have 2 reasons for not knowing I had CCJ. it was a shared property so I am pretty positive one of the tenants hid all the correspondence so he doesnt have to pay. 2ndly the judgement got passed on 31/08/2007. I was in and out of town a couple of weeks before that for personal reasons and on 11/09/2007 I left the country for about 2 months and by that time I didnt receive any court notifications by post. so I assume it must have arrived while I was away. didnt get anything on my return as well.
now I only have the exit stamps on my passport to show that I was actually away from the country but dont have anything to prove that I was out of town as well before the judgement. in addition to that its extremely difficult rather impossible to prove that one of the house mates hid all the correspondence.

Are these grounds and passport proof enough to ask the court to set the judgement aside?
It says on gov websites that you can be prosecuted or sentenced if the proof is not reasonable.

Please help
------------------------------- merged -------------------------------
@Teaboy2
what do you exactly mean by "where you can defend and hopefully you will win"

please reply in relation to my last post. thanx

[CleverClogs]

Re: Didnt know I had a CCJ

Are these grounds and passport proof enough to ask the court to set the judgement aside?

One would suppose so.

It says on gov websites that you can be prosecuted or sentenced if the proof is not reasonable.

That's there to stop someone making up a cock-and-bull story about being laid low with galloping lurgy or secondary phase spattergroit.

[Problem]

Re: Didnt know I had a CCJ

one last question:
if I do apply to get the judgement set aside and it gets accepted. What are the chances that the other party wont raise the amount of claim saying they have added court/solicitor cost etc...basically making me pay more than it states in current CCJ i.e. £730.
you know what i mean. has anyone experienced anything of that sort?

[teaboy2]

Re: Didnt know I had a CCJ

@Teaboy2
what do you exactly mean by "where you can defend and hopefully you will win"

please reply in relation to my last post. thanx

Well what i mean is that when you get the claim set aside, it is not the end of the matter, it simply reverts the whole claim back to point of just having received the particular of claim. Which is the point where you send a CPR31.14 request to the claiment and use the documents received to form a defense against the claim, or use an embarressed defense in the event they do not comply with your CPR request. Also it is possible that they will issue you with a notice of discontinuance after the set aside, which means they have discontinued their claim against you and that is then the end of the matter, though they will likely continue the claim.

[CleverClogs]

Re: Didnt know I had a CCJ

one last question:
if I do apply to get the judgement set aside and it gets accepted. What are the chances that the other party wont raise the amount of claim saying they have added court/solicitor cost etc...basically making me pay more than it states in current CCJ i.e. £730.
you know what i mean. has anyone experienced anything of that sort?

If they tried that, I am sure their new / amended claim could be struck out for abuse of process,

[Problem]

Re: Didnt know I had a CCJ

so after submitting a N244 form and hopefully getting the judgement set aside, will the CCJ be removed automatically and immediately from my credit file?

[teaboy2]

Re: Didnt know I had a CCJ

Yes if you get the set aside, though it may take 7-14 days for them to be removed, as it won't happen over night.

[wales01man]

Re: Didnt know I had a CCJ

Sorry but this post id the only one i can find that mentions register of county court judgements Trustonline my question is to anyone who has used this is do you only need to put the address where the judgement would be against and not your current one and do the dcas get to know you enquired i ask cos i imagine there are ccjs against me i would like to know