CCJ on statue barred debt ?

[nemesis45]

Re: CCJ on statue barred debt ?

The set aside application had been rejected. Had my hearing in court for which I did not even get the chance to explain my reasons!

I have made no admission of the claim to the DCA or solicitor. I would just like to have the CCJ off my records. Do you think a tomlin/full and final offer on the condition to remove the CCJ may work ? Bearing in mind I do not know what the claim is for, never received any chasers from DCA, I do not have the deed of assignment or CCA document, also claim is SB ! Any help pls!!

Hi can you tell me what exactly was in your application please, and what the judge said when dismissing the application?

nem

[Kati]

Re: CCJ on statue barred debt ?

The set aside application had been rejected. Had my hearing in court for which I did not even get the chance to explain my reasons!

as [MENTION=29921]nemesis[/MENTION] says ... we need to know what you said in your set aside application

[Kati]

Re: CCJ on statue barred debt ?

If you can post up the letter (redacted) it would be a big help - if not you could send them to me and I'll post them up for you kati@legalbeagles.info xx

[Turner]

Re: CCJ on statue barred debt ?

Hi, basically application was dismissed because I filled the set aside application 10 months after receiving the default judgement. I tried to explain to the judge that I had a bereavement in the family during this time. At the time I was not aware that I could apply to remove the ccj. Now that I have now looked into it more iam more annoyed that on the face of it I had a strong case. I have now incurred costs of the claimant solicitors! The judge was not interested in the fact I never received the claim form.

As said I just want this judgement off my credit files . I have never received any prior notification from any DCA. Can a tomlin order remove judgment ??

[Amethyst]

Re: CCJ on statue barred debt ?

Sorry to hear that Turner. IT is tricky without knowing exactly what you put on your application, and very difficult to go backwards and try again, so not a lot of point going back over it. The Judgment is stuck on your credit file unless you can negotiate something with the claimants - and that is likely to have to be a full and final settlement, and even then it will likely only be marked as satisfied - which does help a little with the credit file, but doesn't clear it off. A tomlin order can only stop a CCJ being applied before judgment is applied for.

[Turner]

Re: CCJ on statue barred debt ?

Thanks for the replies.
Before I consider a full and final settlement, do you think I would need to request the DCA to provide any proof that they have ownership of alleged debt from the original creditor, bearing in mind I have a default ccj against me ?
Also, with regards to my credit file, if a f&f payment is made, would my credit file marked as partially paid and not satisfied, that is my understanding?

[FlamingParrot]

Re: CCJ on statue barred debt ?

Unlike a default, a CCJ is a matter of public record, it doesn't just appear on your credit files which are only available to companies that share data with the CRAs, anyone can search the registry for CCJs, for a minimal fee. If you have paid off the CCJ, it will appear as satisfied on the public records but it will stay in place for the full six years. You can also apply to the court for a Certificate of Satisfaction. None of these will remove the CCJ from the record though, but you may be viewed in a more favourable light if you've paid the CCJ as opposed to having an unsatisfied judgment on record. I don't know how much difference it would make in practical terms though, if you were to apply for credit.

In view of the above, it really is up to you whether you want to offer a lump sum to satisfy it or just make an affordable monthly repayment offer to prevent enforcement of the judgment.

[Turner]

Re: CCJ on statue barred debt ?

ok thanks all,

Just to clarify :

am considering offering a full and final settlement in order to clear the CCJ...however do I need to send this offer to claimants solicitor or the claimant - Arrow Global ?
Also, I have no evidence that AG have ownership of the debt, however in view that I have already received the default CCJ, do I need to get copy of the deed of assignment from AG, before ANY payment is made ??

[Turner]

Re: CCJ on statue barred debt ?

can anyone help?