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Hello from Newbie, after advice on CCJ that has been set aside by Court

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  • Hello from Newbie, after advice on CCJ that has been set aside by Court

    Hi everyone, I hope somebody is able to offer some advice or experience in this situation.....

    I applied for a mortgage in August 2013 to discover I had a CCJ on my file that had been there for 6 months!

    To cut to the chase, it was issued by HMRC but to an incorrect address, so I had no knowledge of the court proceedings. Of Course, when I did discover the CCJ, it was resolved by my applying to the court to have it set aside. It was for a debt going back to 2007 which had been paid in full at the time, but HMRC had allocated the payment to my self-assessment account INSTEAD of the account it was meant for.

    Very quick 2 minute court hearing, Judge immediately ruled to set aside on the grounds that the debt never existed as HMRC had the money all along.

    Certificate has been received from court, and I have checked with Registry Trust Ltd, who have confirmed that this should have been deleted from all three credit agencies as of 19 December 2013.

    HOWEVER, I have re-applied for the mortgage and been told by my broker that it has been declined again, on the basis that, even though CCJ has been set aside and it should no longer be showing on my file.... all banks/mortgage providers will still be able to SEE that footprint for the next 6 years. Apparently their checks are far more in-depth than a standard credit search, and it will never be removed.

    The fact that the CCJ was issued in error (and HMRC will be writing me a letter to confirm this), and it has been set aside, bears no weight. Lenders will always view it very dimly. My broker has told me that it will blight me for the next 6 years!!

    Surely this is not legal? there must be some law or act against this?? Please HELP......

    Many thanks
    Tags: None

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