CCJ cancellation request

[Mrbumps]

Hello,
thank you for taking the time to read this. I have a question relating to a CCJ that was placed on my file back in 2017. This came about because someone had done some work for me and then I got in to hardship. We agreed a payment plan but I then did not keep up the payments. After a year went by I received some judgement forms in the post from the court. I paid the full amount to the plaintiff and the court costs within 30 days of the judgement. I asked that the person in question notify the court of the settlement so that The records could be up to date. Fast forward to now and I check my credit file, the CCJ is still there and and not marked as settled. I wrote to the court and provided prove of payment but received a letter saying only the plaintiff can provide them with this information and then I can apply for the certificate. I emailed the plaintiff and they want to charge me £75 to write the letter and to compensate for the time spent chasing the debt. Is this reasonable?

[R0b]

Yes it is unreasonable. If they have made a claim, and have been paid in full for it then that is the extent of their costs in relation to the dispute, they can't suddenly ask for more money for time spent chasing the debt, that is not how it works.

You don't need a letter from them, all you should be asking is confirmation that they received payment of the amount on X date which was within one month from the date of the judgment. Alternatively if you have proof yourself such as a bank transfer and reference for the amount which corresponds to what they are claiming, that should be sufficient and all you need to do is complete Form N443 and pay £15 (if I recall).

Court staff are not legal advisors and 95% of the time they talk outside of their backsides and make it up as they go along. If you rely on their word, the fault lies with you and you only.

If the claimant isn't playing ball with you then you might want to consider a sternly worded letter explaining that they are being unreasonable and all you are seeking is confirmation (in writing even by email as a "yes, that's correct") that payment was made. If they aren't prepared to do that and/or want to charge an unreasonable sum of money for doing so, then you may have to consider other options that could have cost consequences for them.

Not sure from the top of my head would be, but if you are struggling to get evidence, you will see when you look atForm N443 that there is a box at the end of the document which asks you to explain if you can't provide the evidence what steps have been taken. In there you can explain you've written to them for confirmation but they are being difficult and are refusing to provide a simple confirmation - attach any correspondence to the application and this is where you need to ensure your correspondence is polite and courteous as it could end up in front of a judge. You'll look silly if you are being overly aggressive and threatening.