Setting a CCJ aside

[Whoppery6k]

Well as some people will know I lost my job after a interesting disciplinary process, but while applying for a new job (who ran a credit check) a CCJ showed up.
turns out this was issued last year at my previous address for a welcome finance loan that defaulted in June 2011 with my last payment made to it in 2010.
Now when I say previous address its not like I just moved and thought nah sod it.
i discovered that my wife was having a affair behind my back with a convicted sex offender and some how ended up being kicked out the family home when I confronted her.
now to make matters worse this man was convicted for acts with under age children.... I have 2 boys and it started a massive legal battle with solicitors and social services which is still going on to this day.
when I left the home I had nothing and had to start again... Literally
then my father passed away with cancer, and I lost my job, so remembering every creditor was not top of my agenda...
i tried my best to remember every creditor and entered a DMP when I moved and thought I was ok and all where being paid. So this was a unwelcome surprise when I found the mail for this went to my old address and of corse my ex did not forward on any mail.
so I admit I owe this money and happy to pay it off (2k) but would really like this CCJ set aside, went the cab this morning who say I'm pretty much screwed. But I've had great advice from here in the past and thought I would see if you thought the same thing

[nemesis45]

Re: Setting a CCJ aside

Well as some people will know I lost my job after a interesting disciplinary process, but while applying for a new job (who ran a credit check) a CCJ showed up.
turns out this was issued last year at my previous address for a welcome finance loan that defaulted in June 2011 with my last payment made to it in 2010.
Now when I say previous address its not like I just moved and thought nah sod it.
i discovered that my wife was having a affair behind my back with a convicted sex offender and some how ended up being kicked out the family home when I confronted her.
now to make matters worse this man was convicted for acts with under age children.... I have 2 boys and it started a massive legal battle with solicitors and social services which is still going on to this day.
when I left the home I had nothing and had to start again... Literally
then my father passed away with cancer, and I lost my job, so remembering every creditor was not top of my agenda...
i tried my best to remember every creditor and entered a DMP when I moved and thought I was ok and all where being paid. So this was a unwelcome surprise when I found the mail for this went to my old address and of corse my ex did not forward on any mail.
so I admit I owe this money and happy to pay it off (2k) but would really like this CCJ set aside, went the cab this morning who say I'm pretty much screwed. But I've had great advice from here in the past and thought I would see if you thought the same thing

Hi Welcome to LB,
Applications to set aside judgements have to be made very quickly after the judgement is made, if this judgement
was made in 2010/2011 it's unlikely to succeed. The judgement entries on credit files are removed 6 years from the
date of judgement.
Non receipt of the claim is a ground to apply for set aside, you would also have to show that you had a defence that
has/had a reasonable chance of success in regard to the claim.
After all this time I think paying off the judgement order in full and getting the files marked " Satisfied " is probably
the best you can do.

nem

[Whoppery6k]

Re: Setting a CCJ aside

Hi Welcome to LB,
Applications to set aside judgements have to be made very quickly after the judgement is made, if this judgement
was made in 2010/2011 it's unlikely to succeed. The judgement entries on credit files are removed 6 years from the
date of judgement.
Non receipt of the claim is a ground to apply for set aside, you would also have to show that you had a defence that
has/had a reasonable chance of success in regard to the claim.
After all this time I think paying off the judgement order in full and getting the files marked " Satisfied " is probably
the best you can do.

nem

Hi hi thanks for your reply,

the account defaulted in 2010, the CCJ was issued 10mths ago

[nemesis45]

Re: Setting a CCJ aside

Who now owns this debt?

This sounds to me like another one of Welcomes account being defaulted just prior
to selling a debt on i.e. unreasonably late more than 6 months after the cause of action
as stated in the ICO Guidance on defaults in force at that time.

nem

[Whoppery6k]

Re: Setting a CCJ aside

Who now owns this debt?

This sounds to me like another one of Welcomes account being defaulted just prior
to selling a debt on i.e. unreasonably late more than 6 months after the cause of action
as stated in the ICO Guidance on defaults in force at that time.

nem

Ok I have no idea what that means,
but it's now owned by Cabot finance And the CCJ was issued by there solicitors Reston, but the account is back with cabot

[nemesis45]

Re: Setting a CCJ aside

Ok I have no idea what that means,
but it's now owned by Cabot finance And the CCJ was issued by there solicitors Reston, but the account is back with cabot

It was and probably still is the policy of Welcome Finance admin to not default delinquent accounts until it was
about to sell them off to the likes of Cabot.
Meaning that the debtor is disadvantaged by having a default registered of years after the account originally defaulted.

nem

[Whoppery6k]

Re: Setting a CCJ aside

So I'm guessing there is not a lot I can do in this matter

i have mailed Cabot asking for the details and original letter but 14 days later nothing...

some me one said if it was Cabot UK who issued the default I may have a leg to stand on but waiting on the original letters [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Setting a CCJ aside

So I'm guessing there is not a lot I can do in this matter

i have mailed Cabot asking for the details and original letter but 14 days later nothing...

some me one said if it was Cabot UK who issued the default I may have a leg to stand on but waiting on the original letters @nemesis45

Good morning,
e-mails to Carboot are usually a waste of time.
It would be better now ro send a letter by signed
for post.
IF Cabot did originate the default there is certainly
more chance of getting the default back dated.

nem

[Whoppery6k]

Re: Setting a CCJ aside

Good morning,
e-mails to Carboot are usually a waste of time.
It would be better now ro send a letter by signed
for post.
IF Cabot did originate the default there is certainly
more chance of getting the default back dated.

nem

[MENTION=1937]nemisis[/MENTION]45
morning the default has dropped off my CF it's the ccj that has only just been issued,
but I will write a letter recorded to them tonight

is there much I can do with the ccj

[nemesis45]

Re: Setting a CCJ aside

@nemisis45
morning the default has dropped off my CF it's the ccj that has only just been issued,
but I will write a letter recorded to them tonight

is there much I can do with the ccj

Reasons for set aside application:

1. Claim documents not received or sent to wrong address.
2. The debt was already statute barred on the date the claim was issued.
3. Not your debt./ no knowledge of any such account.

nem