Ccj issues

[Mhardy84]

Hello, first post on the forum, hoping for some advice regarding a CCJ from 2018. Basically we moved house and I discovered i had an active CCJ for £1217 via my credit report, i quizzed my now ex partner and she admitted she had taken credit out in my name with Very, we had been together a long time and she is the mother of my children so i made the call to just pay it in full rather than go down the fraud route, i also remember looking at the n244 route due to the fact that if i had actually received the letters at my current address i would of either paid or set something up, however I was past the 30 days and decided to just pay it and move on. Fast forward to 2021 and Iam now single and attempting to buy a house and this CCJ is killing me, iam now looking to get the satisfied CCJ removed from my file, the ex has actually spoke to the original creditors fraud team who took admission off her, they then contacted me 2 days ago to tell me they have decided to write me a letter agreeing iam not responsible for the debt, great, i was hoping to contact the courts to attempt to get the CCJ set aside by consent, chased the email up today and have been told they cannot send it due to the document not applying to me and higher management unable to sign it off, the gentleman at very was apologetic and sympathised with my situation and i feel was in agreement with me. I feel iam 100% in the right but it seems everybodies hands are tied and nobody will put me anything in writing to help. Do i have a hope with an n244 form using the reason above? Im also concerned about my ex getting in trouble for fraud i would never go that far with it, could potentially really mess uo her career. My ex is willing to write letter to confirm. Any help or ideas would be greatly appreciated this is really stressing me out feel like im getting fobbed off.
Michael.

[Law Student 5]

Celestine ULA

Hi, sorry to hear what you are going through.
So, since you paid the amount after the 30 days and more than a month after the judgement you cannot remove it off the register until the 6 years is up and it automictically is removed. However, you are correct in mentioning the N244 route whereby you can apply to have the CCJ set aside should you satisfy the grounds and the courts consent. But, the courts may not consent to a N244 application, as not receiving the court papers and fines through the post is not always a good reason for the judge to grant a set aside application. The courts are allowed to send papers to your last known address (even if you have moved), unless the creditors had reason to believe you had moved. However, i must make it clear that a payment or even offer of payment must not be made before a set aside ever, so the N244 option is not appropriate one.

So, really in your circumstances, you could have the CCJ marked as satisfied but this will not remove it from your file (which i assume is your number one aim), the satisfied judgment will stay on your file and the register for the statutory sic years, from the date of the judgement. To satisfy your CCJ, you will need to provide the court with proof of payment and when they received they will amend the CCJ Register to show the record as satisfied. the register will then show that your debt has been fully paid and the date on which it was paid. so this is you best option given the circumstances- to satisfy the debt and then wait for the 6 years to be up.

Since, Very have produced whatever reason that they cannot provide a letter saying that you are not responsible the debt this is not strictly what you need to satisfy the debt. You should ask for a letter stating that you have paid the debt in fully and provide evidence from your side of payments to them, so they will then communicate this satisfaction to the court who will amend the register upon receiving Very's proof of your payment.

I hope this has made things clearer for you, feel free to ask any questions

[Mhardy84]

Hi Law student, thanks for the reply, although not as optimistic an answer as i would of liked couple of questions, what about the n244 form with an admission letter from ex partner stating that she took the debt out in my name? Alongside an explanation of my actions at the time? Ive also acquired tenancy aggreement as evidence to prove i wasnt at the address the court letters were sent to, i was feeling quite hopeful i had a case, again any further help will be greatly appreciated.

[Mhardy84]

I should also mention the ccj is already marked as satisfied.

[Law Student 5]

Hi Law student, thanks for the reply, although not as optimistic an answer as i would of liked couple of questions, what about the n244 form with an admission letter from ex partner stating that she took the debt out in my name? Alongside an explanation of my actions at the time? Ive also acquired tenancy aggreement as evidence to prove i wasnt at the address the court letters were sent to, i was feeling quite hopeful i had a case, again any further help will be greatly appreciated.

Celestine ULA

I know that wasn't the best news you were looking for sorry, however i don't think that all this proof can lead to anything other than ultimately, a fraud case which you obviously don't want to proceed with against your ex wife. In regards o the CCJ, now that you say it has been marked as satisfied then this will show on your file and the registry however it cannot be taken off the registry unless it is set aside as well. And as i mentioned a set aside cannot be achieved if payment or offer of payment have been made. So the CCJ now, will just automatically be removed form your file after its 6 years is up. Sorry i wasn't able to give you the news you were hoping for.

[Mhardy84]

No problem guess ill bin my n244 form i have sat here thanks again, much appreciated.