Setting old CCJ aside

[Carlkeegan]

On 18th December 2018 I received a CCJ for £272 that I was unaware about. All correspondence had gone to my mother’s house whilst I was living at a different address. I was unaware that debt was building before this point to eventually lead up to the CCJ being issued. In may 2019, bailiffs issued a notice at my mothers house to collect goods. My mother contacted me to read the notice to me and this was the first time I was made aware that a CCJ had been issued. I rang the court immediately and partially settled the CCJ to stop bailiffs from entering my mothers house.




In hindsight, I regret paying this as I should have applied for the CCJ to be set aside as correspondence was sent to the wrong address and I would have never let it get to CCJ. Once I did know about it I partially paid immediately.




Now I would like to try to get the CCJ set aside, is this possible even though I have partially paid?

[R0b]

First question, why has it taken you over 18 months to now decide you want to set aside the CCJ after making a partial payment? If you only partially paid, that wouldn't have stopped the bailiff coming back as they would look to collect the debt in full. Can you explain that?

[Carlkeegan]

Yes at the time I reacted by paying quickly to try avoid my mothers house been visited by the bailiff. I wasn’t full aware of the implications a CCJ would have on my credit file and thought that this would be a quick fix to solve the problem. Now that I have seen how it is affecting my credit file it has prompted me to look into the legal implications of a CCJ and in hindsight feel I made the wrong decision and should have tried to get the CCJ set aside at the time.

[Carlkeegan]

When I was made aware of the CCJ. I was not fully aware of the implications a CCJ would have on my credit file. I did not want bailiffs to go to my mothers house and as it was a relatively small amount to pay I paid it and unfortunately did not know my full legal rights at the time. Now that I can see the longterm impact on my credit file, it has prompted me to review my decision and research further. I have realised I should have set the CCJ aside at the time ( had I been aware this was an option).

I have looked at my original CCJ and it actually says that the CCJ is for £167 which is what I paid at the time. It seems £272 was the amount that I owed the company but the CCJ was for £167. Does this mean I did pay the full amount of the CCJ? Many thanks in advance

[R0b]

Well the fact tat you've not been pursued since then would suggest that they have accepted that amount as final.

Judgment debts when paid are deemed satisfied and even if you did pay, you've left it far too long and what you are trying to do is essentially repair your credit file. Setting aside a CCJ can only be done on limited grounds and what you have said so far does not warrant a good enough reason.

You can ask the company to agree to a consent order in setting aside the CCJ but they have no legal obligation to even respond to you. You are then left with making an application directly to the court at a cost of £255, but I think your chances are slim if anything.

If you wanted, you can pay the court £15 for a certificate of satisfaction provided you can prove payment and then have your credit file updated to show the CCJ as satisfied. Your credit file won't spring back to where it was but may be improved.

[Carlkeegan]

Thank you for your advice!