Living abroad and just found out about a CCJ

[Lovesong]

Hello everyone,

I have just joined and would be really grateful for any advice on the chances of having a CCJ removed from my credit report.

I have recently found out that I have a CCJ which was issued October 2015. I haven't been living in England since March 2013 and have not received any correspondence with regards to the debt or anything from the court. I was living with my parents prior to moving abroad and hadn't received anything for some time. Honestly I didn't inform them I was moving - which I know I should have. Any post my parents received for me was sent back 'not at this address' until last week when my father decided to open a letter. It was from Lowell and explained there was 'enforcement action pending' as I had still not paid my CCJ (a CCJ that I had no idea I had!) The total is only £295 and I do not want this on my credit report as my partner and I are looking to move back to England next year and buy a house. Obviously if this is my debt I am more than happy to pay it, however I would like to know if I should do this prior to applying to having the CCJ set aside.

Obviously having just found out about this I would like the matter resolved as soon as possible! Thanks in advance.

[ostell]

Why pay it if you are going for a set aside?

It will cost you £255 to apply for the set aside, unless the claimant agrees, when it will be £100.

Perhaps you could get it set aside for out of jurisdiction if you can show that you were out of the country well before the claim was issued.

[Lovesong]

Thank you for replying Ostell.

I believe that the debt might be mine and I am able to pay it but I don't want a CCJ sitting on my record for £300 when i'm looking for mortgages. I've contacted the court to try and obtain all the documents so once I can confirm the debt is mine, i'll try and get Lowell to agree to a set aside. I can definitely prove i've been living abroad long before the judgement was made.

[ostell]

Even if you pay it the CCJ will stay on your credit record for 6 years.

Lwell might agree to a set aside and then not take it further IF you agree to pay the balance outstanding AND the court fee. The final arbiter is the judge. If he thinks that you are trying to pull a fast ne then he may not approve the CCJ. Judge lottery.

[Lovesong]

Amethyst Do you have any advice on my situation please. I've seen some very helpful posts from you to people in similar circumstances. I would like to contact Lowell directly and ask for their consent but i'm not sure what to say. Is there a template for this anywhere I could use? Thanks in advance.

[jaguarsuk]

Okay, so you just need to write to Lowell and ask the question.

You need to write to them saying:

1. You obtained a default judgement on X
2. I was unable to respond to the claim pack because I do not reside in the UK
3. As I was out the country I intend pursuant to CPR 13 to apply to set the judgement aside bearing my own costs
4. Please confirm your consent or refusal
5. You have 7 days to reply or else I shall have to file an application with the court in order to satisfy them I am acting promptly, but would ask if I am successful that you bear the cost of that application in that instance.

Once you have their consent or not you will file form N244 to apply for the set aside and if successful then you can make them a "Without Prejudice" offer to settle, I'd start at £150 reminding them you have already paid £100 to set aside a judgement after they failed to send the claim pack to the correct address.

[Lovesong]

Thank you so much! I will contact them and include all you have suggested. I'll post on here, what I said and their response incase others find it helpful.

[jaguarsuk]

Thank you so much! I will contact them and include all you have suggested. I'll post on here, what I said and their response incase others find it helpful.

I'd say email them as letters could be a long process.

When you file the set aside I'd email the court and ask them to confirm how you can electronically pay the fee.