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CCJ issue

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  • CCJ issue

    Hi all

    Im in need of some good advice please.

    I went onto my credit file to find a CCJ had been applied to a previous address I know longer live at for an amount of £5767.31.

    I took out a current account with a big overdraft with Yorkshire bank in June 2008, later that year my business was victim of the credit crunch, i was an insurance adviser and the network we used to submit business went bust owing me thousands, it was a hard time and i defaulted on the account. I didn't hear anything for years and when I moved home I didn't inform them i had moved and to be fair i thought the debt was statue barred by now or very close to being.

    My issue now is I've applied to be a financial adviser again and this CCJ has come up from nowhere and is causing me problems with my application, ive looked at getting it set aside but don't know how best to approach this to get it removed if possible from my credit file

    the debt is now owned by Marlin financial and the judgement was issued in Nov 2014 and I knew nothing about this or had any paperwork until I applied for this job and they credit searched me.

    any help would be greatly appreciated
    Tags: None

  • #2
    Re: CCJ issue

    Originally posted by hellotoall View Post
    Hi all

    Im in need of some good advice please.

    I went onto my credit file to find a CCJ had been applied to a previous address I know longer live at for an amount of £5767.31.

    I took out a current account with a big overdraft with Yorkshire bank in June 2008, later that year my business was victim of the credit crunch, i was an insurance adviser and the network we used to submit business went bust owing me thousands, it was a hard time and i defaulted on the account. I didn't hear anything for years and when I moved home I didn't inform them i had moved and to be fair i thought the debt was statue barred by now or very close to being.

    My issue now is I've applied to be a financial adviser again and this CCJ has come up from nowhere and is causing me problems with my application, ive looked at getting it set aside but don't know how best to approach this to get it removed if possible from my credit file

    the debt is now owned by Marlin financial and the judgement was issued in Nov 2014 and I knew nothing about this or had any paperwork until I applied for this job and they credit searched me.

    any help would be greatly appreciated
    The Yorkshire bank ,did they place the default on your credit file and what date was the default placed,this should show on your credit file.

    Comment


    • #3
      Re: CCJ issue

      Originally posted by Streetwise View Post
      The Yorkshire bank ,did they place the default on your credit file and what date was the default placed,this should show on your credit file.
      Hi thanks for your response, the information from my experian report is as follows

      yorkshire bank start date 12.09.08 , settlement date 23.09.09 balance 3575

      marlin start date 05.06.2008 default date 11.10.2009 default amount 3575

      look like marlin purchased the debt, now I did inform yorkshire bank in branch of change if address.

      ccj has been filed at 5667 when default was only 3575, ccj date 27.11.2014

      any helps appreciated

      Comment


      • #4
        Re: CCJ issue

        Originally posted by hellotoall View Post
        Hi thanks for your response, the information from my experian report is as follows

        yorkshire bank start date 12.09.08 , settlement date 23.09.09 balance 3575

        marlin start date 05.06.2008 default date 11.10.2009 default amount 3575

        look like marlin purchased the debt, now I did inform yorkshire bank in branch of change if address.

        ccj has been filed at 5667 when default was only 3575, ccj date 27.11.2014

        any helps appreciated
        The default should fall of your credit file this year,I know that doesn't help you with the job.

        The CCJ you could apply to have set aside you need to fill out an N244, you can say that you advised Yorkshire bank of your change of address but Marlin sent the POC to your old address,probably just a cheap shot by them just to get judgement by default.
        Have Marlin tried to Enforce this judgement yet,its been three and a half months since judgement,and you only new about the CCJ because you checked your own credit file when applying for a job.
        If it was me i would get the N244 filed with the court ASAP.
        Looks like Marlin are up to no good.
        How come the Marlin start date is before the Yorkshire bank start date as in DEFAULT.

        Comment


        • #5
          Re: CCJ issue

          Originally posted by Streetwise View Post
          The default should fall of your credit file this year,I know that doesn't help you with the job.

          The CCJ you could apply to have set aside you need to fill out an N244, you can say that you advised Yorkshire bank of your change of address but Marlin sent the POC to your old address,probably just a cheap shot by them just to get judgement by default.
          Have Marlin tried to Enforce this judgement yet,its been three and a half months since judgement,and you only new about the CCJ because you checked your own credit file when applying for a job.
          If it was me i would get the N244 filed with the court ASAP.
          Looks like Marlin are up to no good.
          thanks for your response

          the default may fall of this year but the CCJ will be here for 6 years now unless I'm successful with the set aside

          how do current account overdrafts work when trying to claim statue barred as i stopped using the account late 2014 i believe so it very very close to being statue barred in my opinion. with the address mix up should i file a statue barred defense aswell? or just go on the address issue if so how successful am i likely to be

          Comment


          • #6
            Re: CCJ issue

            There appears to be a discrepancy here!
            Settlement date (Sale to Marlin ?) 23/09/2009?
            Marlin start date:05.06.2008?
            Default date:11.10.2009;

            Default date should obviously before 23.09.09
            The Marlin start date is 05.06.2008, which prior to the settlement (sale date??)
            Can you please post a redacted copy of the credit file entry.

            nem.

            Comment


            • #7
              Re: CCJ issue

              Originally posted by nemesis45 View Post
              There appears to be a discrepancy here!
              Settlement date (Sale to Marlin ?) 23/09/2009?
              Marlin start date:05.06.2008?
              Default date:11.10.2009;

              Default date should obviously before 23.09.09
              The Marlin start date is 05.06.2008, which prior to the settlement (sale date??)
              Can you please post a redacted copy of the credit file entry.

              nem.
              hi

              If you have incorrect details on your report contact CABOT FINANCIAL (MARLIN) LTD
              Entry numberC18Name
              ROAD
              Address
              02/12/1981
              Date of Birth
              Account started05/06/2008Default Date11/10/2009Default Balance£3575
              Experian expect to receive your credit account information from lenders every 4-6 weeks. If you have recently made a payment or missed a payment, it may not be reflected in the status details below.


              • [*=center]1 - 12 Months
                [*=center]13 - 24 Months
                [*=center]25 - 72 Months

              Key
              5.6k 5.6k 5.6k 5.6k 3.6k 3.6k 3.6k 3.6k 3.6k 3.6k 3.6k 3.6k

              Comment


              • #8
                Re: CCJ issue

                Originally posted by nemesis45 View Post
                There appears to be a discrepancy here!
                Settlement date (Sale to Marlin ?) 23/09/2009?
                Marlin start date:05.06.2008?
                Default date:11.10.2009;

                Default date should obviously before 23.09.09
                The Marlin start date is 05.06.2008, which prior to the settlement (sale date??)
                Can you please post a redacted copy of the credit file entry.

                nem.
                If you have incorrect details on your report contact YORKSHIRE BANK
                Entry numberC17Name
                Address
                02/12/1981
                Date of Birth
                Account started12/09/2008Settlement Date23/09/2009
                Experian expect to receive your credit account information from lenders every 4-6 weeks. If you have recently made a payment or missed a payment, it may not be reflected in the status details below.


                • [*=center]1 - 12 Months
                  [*=center]13 - 24 Months

                Key
                2 1
                0 3.4k 3.3k 3.2k 1.9k 1.3k 1.3k 89 0 611 1.6k 1.2k
                Closed accounts are kept on file for six years from the date of closure. The status history in respect of a closed account relates to the period of time prior to the date of closure.

                Comment


                • #9
                  Re: CCJ issue

                  Originally posted by hellotoall View Post
                  thanks for your response

                  the default may fall of this year but the CCJ will be here for 6 years now unless I'm successful with the set aside

                  how do current account overdrafts work when trying to claim statue barred as i stopped using the account late 2014 i believe so it very very close to being statue barred in my opinion. with the address mix up should i file a statue barred defense aswell? or just go on the address issue if so how successful am i likely to be
                  Sorry what do you mean stopped using the account LATE 2014.

                  Comment


                  • #10
                    Re: CCJ issue

                    Originally posted by Streetwise View Post
                    Sorry what do you mean stopped using the account LATE 2014.

                    sorry got confused! Stopped using the account in 2008, im not sure on exact dates it was probably september/october from memory. i stopped using as ended up being over my overdraft and had financial difficulties

                    Comment


                    • #11
                      Re: CCJ issue

                      Originally posted by hellotoall View Post
                      sorry got confused! Stopped using the account in 2008, im not sure on exact dates it was probably september/october from memory. i stopped using as ended up being over my overdraft and had financial difficulties
                      Well the only way to get the CCJ lifted is to go for set aside that to me would be the start point,you didn't answer the question ( Have Marlin tried to ENFORCE ).

                      Comment


                      • #12
                        Re: CCJ issue

                        No they haven't tried to enforce as yet but I spoke to the solicitor yesterday without admitting the debt and they were about to apply for attachment of earnings

                        should my set aside argument be about address and apply a statue barred defense or will the address issue be suffice

                        Comment


                        • #13
                          Re: CCJ issue

                          Originally posted by hellotoall View Post
                          No they haven't tried to enforce as yet but I spoke to the solicitor yesterday without admitting the debt and they were about to apply for attachment of earnings

                          should my set aside argument be about address and apply a statue barred defense or will the address issue be suffice
                          Well its not SB yet is it,you don't have a defence yet as you have to get the judgement set aside make your application on the truth you never received the paperwork move fast .And you should not have spoken to anybody you need a paper trail now.

                          Comment


                          • #14
                            Re: CCJ issue

                            Originally posted by Streetwise View Post
                            Well its not SB yet is it,you don't have a defence yet as you have to get the judgement set aside make your application on the truth you never received the paperwork move fast .And you should not have spoken to anybody you need a paper trail now.
                            ok thanks

                            my understanding is it would be statue barred as if no payments were made or acknowledgment in 6 yrs which from oct 2008 six years is oct 2014 so the ccj is after this date.

                            but I do appreciate your help and expertise so if my understanding is incorrect then can you explain thanks

                            Comment


                            • #15
                              Re: CCJ issue

                              Originally posted by hellotoall View Post
                              ok thanks

                              my understanding is it would be statue barred as if no payments were made or acknowledgment in 6 yrs which from oct 2008 six years is oct 2014 so the ccj is after this date.

                              but I do appreciate your help and expertise so if my understanding is incorrect then can you explain thanks
                              When did they stop adding charges to the account,was this September 2009 or October 2008.

                              Comment

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