Strike Out Order

[EXC]

atticus dslippy R0b des8 echat11 MIKE770

Another one for you guys.

The below order made yesterday relates to a judgment issued by default for £8k. The defendant only found out about the judgment when he was refused a mortgage because of it.

So two questions really:

I'm assuming that the claimant can't now issue a new claim?

What is the process for getting the CCJ removed from his credit file? Does the claimant have to do that or can the defendant do anything?

Thanks!

[MIKE770]

. If the court agrees that you don't owe the money, your CCJ will be removed from the Register. Removing the entry could take up to 4 weeks.

[EXC]

. If the court agrees that you don't owe the money, your CCJ will be removed from the Register. Removing the entry could take up to 4 weeks.

Thanks Mike. So once it's removed from the register does that update the credit reference agencies automatically?

[MIKE770]

it should within 4 weeks,


For Reference:- County court judgments and your credit rating - overview

https://www.citizensadvice.org.uk › borrowing-money › c..

[R0b]

Sorry haven't seen this until now.

1. Claim is struck out so issuing a new claim for the same cause of action would require permission. Of course the claimant can issue a claim without seeking permission but there would be a valid defence for an abuse of process. That order will need to be kept safely for the remaining 6 years of the limitation period just in case.

2. Officially and I can't remember the legislation but the court would update the record so that the judgment be removed and that feeds into the Registry Trust systems who get notified to remove it - I believe the judgments are removed on a bulk basis rather than individually. Varies from court to court but can take several weeks maybe longer and then the credit agencies will pick that up and update it on the next refresh. You can try to approach the Registry Trust directly and see if that will be removed quicker but don't be surprised if they say no and explain that they will need to wait for the court to notify them. Doesn't harm to try though, just make sure to send a copy of the order as part of correspondence to them.

[EXC]

I've since found out that the claim is now statute barred, or at least the main portion is as the 'unpaid commission invoice' is. The two other invoices for 'breach of contract' are subject to FCA enforcement requirements issued last year and cannot be pursued.



So that must be why the order says ''The Claimant is not able to validly serve the current claim now...''

The defendant checked with the registry who said they hadn't received the order from the court yet even the court to told the defendant they had, but said they'd send it again. Unfortunately the Registry wouldn't accept the defendant's copy. But I'm sure it'll get sorted soon enough.

Thanks fellas.