• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

CCJ in error, set aside, credit ratings, refused credit. UK

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • CCJ in error, set aside, credit ratings, refused credit. UK

    Hello.

    I will make this as brief as possible.

    Home water bill forgot to pay then sent a letter saying 14 days (+ 5 for post) to pay or will issue ccj. I called customer service to advise just got letter and would pay within the hour and took their bank details. I went straight to their bank and paid in cash over the counter within the hour and received a receipt and stamped bill. All this was done 9 days before the date to pay ended.

    A few weeks later I received from Northampton Court a copy of my ccj!

    I called the water company and explained, they said I hadn't paid. After half an hour I was told if I had paid did I have proof because they can't look for payment until they receive proof. I sent it first class recorded that day, they confirmed receipt the following day. Several days late I was still calling to find out if they had found the payment and when the ccj would be removed. Was told it had been found but that I may have to pay a fee and court costs to have the ccj removed as the payment was received after the ccj, I pointed out the payment was in their account 9 days before the payment was due and 3 weeks before they applied for the ccj, they said the didn't find the payment until a few days ago so I may have to pay costs, I refused to accept this.

    Anyway weeks of calls from me to them later I have a one line letter from them stating that the amount was paid on the date I paid it. I called to ask about the ccj and they said they'd sort it fast. Again yesterday I called as I applied for an increase on my business overdraft and was told my application should I choose to continue would be rejected as they could see an active cc on my credit file. I checked with Noodle and yes it's there. Called the water company again, told they would raise a set aside which will take 5 working days, send it to me to be signed, I return it to them to sign and then they send it to Northampton who can take 6 weeks to set the ccj aside.

    I registered with the water companies on line account and noticed that there is a 90 debit on my account so I asked the on line help what it was for. Yes It's my fees and court costs but not for removal it's for the original ccj. They say they maybe able to waive it because I've always paid in full on time.

    I'm livid that they 'may waive it' it's their mistake they admitted it in writing. I now have to find a loan company that will help out my business now but they will take my ccj into account.

    I want to know if you can help me please is:

    Will this set aside ccj be on my file
    the negative effect on my credit will it be restored to it's past glory or will this damage remain
    can I claim costs for the difference in the loan amounts that I will have to take out compared to if I didn't have this ccj and took it out with my own bank?
    Do I have the right to have the costs and fees returned to me?

    Thank you.
    Tags: None

  • #2
    Re: CCJ in error, set aside, credit ratings, refused credit. UK

    Did you defend the court claim with a defence?
    If you don't defend with a defence that it was paid after the CC papers were issued how would the court know?
    Others will advise on court procedure but I may be right thinking that's the case?

    Comment


    • #3
      Re: CCJ in error, set aside, credit ratings, refused credit. UK

      Hi and welcome to LB!

      Originally posted by Burningthecandle View Post
      Home water bill forgot to pay then sent a letter saying 14 days (+ 5 for post) to pay or will issue ccj. I called customer service to advise just got letter and would pay within the hour and took their bank details. I went straight to their bank and paid in cash over the counter within the hour and received a receipt and stamped bill. All this was done 9 days before the date to pay ended.

      A few weeks later I received from Northampton Court a copy of my ccj!
      What exactly did you receive from Northampton? Did you receive a blue claim form? Creditors can't just issue a CCJ, :nono: they have to issue a claim first, which you can acknowledge and defend. If you fail to acknowledge the claim within 14 days, the claimant can obtain default judgment against you.

      Even if they obtain a CCJ, it should be wiped off the register if paid within 28 days: http://www.trustonline.org.uk/unders...removing-a-ccj
      CCJ removal

      There are some options to remove a CCJ from the register or have the information on it corrected. These include:
      • Paying the CCJ in full within a month If you do this, details of the county court judgment are removed altogether from the register.
      Originally posted by Burningthecandle View Post
      Will this set aside ccj be on my file
      As it was paid and you have proof of that fact, there shouldn't be a need to go through the set aside process, you should be able to have it removed as above.
      Originally posted by Burningthecandle View Post
      the negative effect on my credit will it be restored to it's past glory or will this damage remain
      Once the CCJ is removed off the record, it should also be removed from your file and it will be 'restored to its past glory'.

      Comment


      • #4
        Re: CCJ in error, set aside, credit ratings, refused credit. UK

        The debt is removed from the register when the debt is paid.

        Has the OP paid the court fees?

        If the fees are not paid will the CCJ stay on register unless paid within the 28 days allowed if paid after time

        Does the record stay if so how does the OP get that removed.
        Did the Op pay the company the debt and fees before the court date and did the acknowledge the claim and submit a defence?

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X