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Unknown CCJ

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  • #1

    Unknown CCJ

    Hello All,

    Looking for help ASAP please.

    Checked my credit file last night and was shocked to find i had a CCJ registered against me from July 2015. I moved house in May of 2015 and didn't receive anything regarding a CCJ before that time.

    Whatever the debt is for i believe it will be Statute Barred. Been checking round on the internet and by the sounds of it, i don't have a chance of having this set aside using moving house as a reason. I have also seen someone say that because i didn't defend it the Statute barred reason is also not a valid reason to have it set aside.

    Could someone please clarify?

    If this is Statute barred do i have a chance of having it set aside? If so how do i proceed?

    If i cannot get this set aside, do i have to pay it if its statute barred even with a CCJ?

    The debt is for £6,200. My partner and I are saving for a mortgage after id finally got my credit check in order, and I'm devastated by this CCJ.

    Thanks in advance.
    Tags: None
  • #2
    Re: Unknown CCJ

    Originally posted by lpd79 View Post
    Hello All,

    Looking for help ASAP please.

    Checked my credit file last night and was shocked to find i had a CCJ registered against me from July 2015. I moved house in May of 2015 and didn't receive anything regarding a CCJ before that time.

    Whatever the debt is for i believe it will be Statute Barred. Been checking round on the internet and by the sounds of it, i don't have a chance of having this set aside using moving house as a reason. I have also seen someone say that because i didn't defend it the Statute barred reason is also not a valid reason to have it set aside.

    Could someone please clarify?

    If this is Statute barred do i have a chance of having it set aside? If so how do i proceed?

    If i cannot get this set aside, do i have to pay it if its statute barred even with a CCJ?

    The debt is for £6,200. My partner and I are saving for a mortgage after id finally got my credit check in order, and I'm devastated by this CCJ.

    Thanks in advance.
    Good morning, welcome to LB.

    Point 1. The issue of a County Court Claim stops the 6 year " clock" on the date it is issued, meaning a debt must already be statute barred before the claim is issued.
    2. If the debt was statute barred before the claim was issued it IS a ground for getting the judgement set aside.

    3. If you want to get this set aside first check the status of the debt, what type of account was this?
    When was it defaulted? When was the last payment and / or written acknowledgment made.

    4. Did you inform creditors of your change of address? Are you on the Electoral Roll at your new address?
    Does your credit file show your new address?

    5. Check Trust Online which holds the register of judgements ( small charge for each address searched)
    when you have the details phone the court office through which the claim was made and ask for information
    on the claim, i.e. the name of the claimant and the original debt which was the subject of the claim.

    Get the information and come back to this thread and then we can talk about set aside.

    nem
    • 1 thank

    Comment

    • #3
      Re: Unknown CCJ

      Originally posted by nemesis45 View Post
      Good morning, welcome to LB.

      Point 1. The issue of a County Court Claim stops the 6 year " clock" on the date it is issued, meaning a debt must already be statute barred before the claim is issued.
      2. If the debt was statute barred before the claim was issued it IS a ground for getting the judgement set aside.

      3. If you want to get this set aside first check the status of the debt, what type of account was this?
      When was it defaulted? When was the last payment and / or written acknowledgment made.

      4. Did you inform creditors of your change of address? Are you on the Electoral Roll at your new address?
      Does your credit file show your new address?

      5. Check Trust Online which holds the register of judgements ( small charge for each address searched)
      when you have the details phone the court office through which the claim was made and ask for information
      on the claim, i.e. the name of the claimant and the original debt which was the subject of the claim.

      Get the information and come back to this thread and then we can talk about set aside.

      nem
      Nemesis45 thank you so much for the reply.
      3. Where can i get that info? Cant see anything on Noddle credit report. Ive applied for experian but I'm waiting for my pin details.
      4. I didn't inform any creditors that i didn't know about. I am on the electoral roll at my new address, and noodle shows my new address.
      5. I did this yesterday but only at my current address, assumed it would give me everything for my name. I will contact the court tomorrow as the case number is listed on my report. Will that be sufficient?

      Thanks again for the advice.

      Comment

      • #4
        Re: Unknown CCJ

        http://www.trustonline.org.uk/

        Comment

        • #5
          Re: Unknown CCJ

          Originally posted by lpd79 View Post
          Nemesis45 thank you so much for the reply.
          3. Where can i get that info? Cant see anything on Noddle credit report. Ive applied for experian but I'm waiting for my pin details.
          4. I didn't inform any creditors that i didn't know about. I am on the electoral roll at my new address, and noodle shows my new address.
          5. I did this yesterday but only at my current address, assumed it would give me everything for my name. I will contact the court tomorrow as the case number is listed on my report. Will that be sufficient?

          Thanks again for the advice.
          Hi, happy to help!!

          Do you have any recollection of the alleged debt?

          For Clarity The Limitation Act 1980 section 5 lays down a period of 6 years for court action to be taken on debts, within which no payment or unequivocal written acknowledgment of the debt has been made.
          However depending on the type of debt e.g. credit card or loan, current account/overdraft have varying points at which the relevant 6 year period starts.

          nem

          nem

          Comment

          • #6
            Re: Unknown CCJ

            Originally posted by nemesis45 View Post
            Hi, happy to help!!

            Do you have any recollection of the alleged debt?

            For Clarity The Limitation Act 1980 section 5 lays down a period of 6 years for court action to be taken on debts, within which no payment or unequivocal written acknowledgment of the debt has been made.
            However depending on the type of debt e.g. credit card or loan, current account/overdraft have varying points at which the relevant 6 year period starts.

            nem

            nem
            I have checked Trust Online for my previous address and the CCJ does show, but only displays the same info thats in my Noddle report.

            The only debt i would of had of that size was a bank loan from HSBC, which would probably have been taken out around 2003. I was making token gesture payments to Lowells up to around 2009 but I'm not sure which debt that was for.

            To be honest i got myself in a mess around 2005 and setup a Payplan around that time but only made payments for around 12 month. I was contacted by Lowell/Bryan Carter about a year later and made token payments of a £1 for about 2 years but can't recall which debt this was for. Ive only in the last couple of years sorted out my credit rating and started saving for a mortgage so this is a massive blow.

            Comment

            • #7
              Re: Unknown CCJ

              Originally posted by lpd79 View Post
              I have checked Trust Online for my previous address and the CCJ does show, but only displays the same info thats in my Noddle report.

              The only debt i would of had of that size was a bank loan from HSBC, which would probably have been taken out around 2003. I was making token gesture payments to Lowells up to around 2009 but I'm not sure which debt that was for.

              To be honest i got myself in a mess around 2005 and setup a Payplan around that time but only made payments for around 12 month. I was contacted by Lowell/Bryan Carter about a year later and made token payments of a £1 for about 2 years but can't recall which debt this was for. Ive only in the last couple of years sorted out my credit rating and started saving for a mortgage so this is a massive blow.
              Ok next step is phone the court office tomorrow to get the details of the claim.
              Is the claimant named at all.

              nem

              Comment

              • #8
                Re: Unknown CCJ

                Originally posted by nemesis45 View Post
                Ok next step is phone the court office tomorrow to get the details of the claim.
                Is the claimant named at all.

                nem
                Ill call them first thing, will they be able to post me all the details?

                Search shows....
                My Name
                DOB
                Court
                Case No
                Date
                Amount
                Status as Unsatisfied Judgement

                No other details.

                Again, thanks for all the quick replies.

                Comment

                • #9
                  Re: Unknown CCJ

                  Originally posted by lpd79 View Post
                  Ill call them first thing, will they be able to post me all the details?

                  Search shows....
                  My Name
                  DOB
                  Court
                  Case No
                  Date
                  Amount
                  Status as Unsatisfied Judgement

                  No other details.

                  Again, thanks for all the quick replies.
                  They should give you the details over the phone.

                  nem
                  • 1 thank

                  Comment

                  • #10
                    Re: Unknown CCJ

                    Originally posted by nemesis45 View Post
                    They should give you the details over the phone.

                    nem
                    If it does turn out that this debt isn't statute barred then what are my options? I don't have 6k too pay this off.

                    Comment

                    • #11
                      Re: Unknown CCJ

                      If it does turn out that this debt isn't statute barred then what are my options?
                      You can talk to the creditor about making monthly payments - they will be very happy you have contacted them about this If you cant reach an agreement on the amount, you can apply to the court to get an amount set.

                      Realistically you need to repay this CCJ in full as fast as possible. There is no point in saving for a house deposit whilst you have an unpaid CCJ on your file. It's not going to be easy geting a mortgage even with a satisfied CCJ.
                      • 1 thank

                      Comment

                      • #12
                        Re: Unknown CCJ

                        Originally posted by Debt Camel View Post
                        You can talk to the creditor about making monthly payments - they will be very happy you have contacted them about this If you cant reach an agreement on the amount, you can apply to the court to get an amount set.

                        Realistically you need to repay this CCJ in full as fast as possible. There is no point in saving for a house deposit whilst you have an unpaid CCJ on your file. It's not going to be easy geting a mortgage even with a satisfied CCJ.
                        Thanks for the reply. It's going to take us around 5 years to save a deposit but this isn't going to help that. Do you think they would accept monthly payment of £50?

                        Does the ccj just fall off after the 6 years or still show as satisfied/unsatisfied?

                        Comment

                        • #13
                          Re: Unknown CCJ

                          Also any payments I have paid towards this will of been in cash via post. How can they prove that?

                          Comment

                          • #14
                            Re: Unknown CCJ

                            Originally posted by lpd79 View Post
                            TDo you think they would accept monthly payment of £50?
                            If that is all an income & expenditure sheets shows you can afford, then it would be all a court would order.

                            But at that rate it would take 10 years to repay the debt. After 6 years it will disappear from your credit file, satisfied or not. BUT that won't help when it comes to getting a mortgage as you will still have to declare the debt and the debt repayment will be obvious from your bank statements.

                            You may find these articles that look at the problem of getting a mortgage with debts useful: http://debtcamel.co.uk/mortgage-with-debts/ and http://debtcamel.co.uk/dmp-mortgage/

                            Comment

                            • #15
                              Re: Unknown CCJ

                              Originally posted by nemesis45 View Post
                              They should give you the details over the phone.

                              nem
                              Hello

                              I have spoken to the court this morning. The debt is with Lowell and it's an old HSBC account. Probably opened around 2003.

                              This is one I was making £1 payments to online. I found a statement last night and the last payment I made was September 2010.

                              What should be my next step?

                              Comment

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