Notice of discontinuance but still CCJ

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Thank you for this information I shall be looking into that too.
I'll have a read of the wrongful default forum you mentioned.

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Just an update. Not heard from the insurance since ringing them. But to make matters worse we have now started receiving calls from a company called CRS stating we owe money. Everyday since just after Christmas they ring. It's an automated line, did some research on the web and I've not been answering these calls. Answered one call which took me to a woman that wanted to know my name, telephone number and address. As i wouldn't give her this information, due to them ringing me they should have it already she kindly said "ok sir we will end this call here" and hung up.

I'm going to ring the insurance company again tomorrow as this is nothing to do with me and it's starting to stress my wife out too.

[gravytrain]

Re: Notice of discontinuance but still CCJ

Durkin v HFC got 8k :tinysmile_aha_t:

This is excellent news I was under the impression that Durkin was still awaiting the appeal, do you have more details, I am considering taking similar action myself over an incorrectly placed default.

[labman]

Re: Notice of discontinuance but still CCJ

I think Durkin is still waiting to go to the Supreme Court, but could well be wrong - case law is not my forte.

I think Kpohraror v Woolich Building Society was around £8K after interest had been added though.

[gravytrain]

Re: Notice of discontinuance but still CCJ

Thanks, I have a problem with a DN on a Voluntary termination, they removed it eventually but not before I had to use a sub prime lender, I am now locked into this for five years.

Sorry for the hijack, I will start my own thread.

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Another update.

Insurance have proof that the ccj was set aside, so it now seems it's the CRA's error. Any advice would be appreciated.

The insurance company is sending us the copy of the letter from the court stating the CCJ was set aside. I then need to inform the CRA that their records need updating.

I find this really disgusting that its been sitting there for just over a year. I will be taking it further but where do I go from here?

[FlamingParrot]

Re: Notice of discontinuance but still CCJ

Have you checked trust online ---> http://www.trustonline.org.uk/ to see if the CCJ appears on their records?

[mrobbo197]

Re: Notice of discontinuance but still CCJ

No I haven't, checking it out now.
It's showing as active on callcredit website.

[mrobbo197]

Re: Notice of discontinuance but still CCJ

Just checked it out on that site and it's there, showing as unsatisfied!

[The Debt Star]

Re: Notice of discontinuance but still CCJ

Awesome signature, Parrot!

[FlamingParrot]

Re: Notice of discontinuance but still CCJ

Just checked it out on that site and it's there, showing as unsatisfied!

The court should notify the register that the judgment was set aside, you will have to contact the court to get them to update their records:

If judgment was entered in error, application must be made to the court to have the judgment set aside for which a court fee of £75 is payable (payable to HMCTS). If granted the court should notify us to remove the judgment from the register.

See item 28 ---> http://www.trustonline.org.uk/faqs-help/

[FlamingParrot]

Re: Notice of discontinuance but still CCJ

Awesome signature, Parrot!

All thanks to you, Debt Star :first:, you are indeed a star! :clap2::clap2::clap2:

[mrobbo197]

Re: Notice of discontinuance but still CCJ

I was under the impression from the insurance that they have proof that it has been set aside so surely i dont need to get it set aside again?

insurance have told me its a CRA error

[FlamingParrot]

Re: Notice of discontinuance but still CCJ

No, you don't need it set aside again, but you need to make sure the records are updated to reflect that fact. Trust online is the official register of CCJs, court orders and fines, separate from the CRAs.

[mrobbo197]

Re: Notice of discontinuance but still CCJ

So I guess they are the first port of call once I get the copy of the proof