Set-Aside granted - How to remove CCJ from credit file

[leaflitter]

I have recently had a Set-Aside Application granted. I now need to remove the CCJ from my credit file.


I have been advised to either obtain a certificate of cancellation from the court to send to Equifax, Experian and Call Credit or Send the Order to Set-Aside the Judgment the aforementioned credit reference agencies, is this correct?


Are these the only three agencies?


It seems all to easy for a creditor to be granted a Default Judgment and subsequent CCJ and when it transpires that the incorrect address and amounts are used and the Judgment is Set-Asided, it seems impossible or extremely hard work to have the CCJ removed and your credit file, in essence indemnified.


Is there a way to return the credit file to its former glory of 999 as simply as it was obtained?

[MissFM]

Re: Set-Aside granted - How to remove CCJ from credit file

Hi leaflitter and,

You have come to the right place and a helpful beagle will shortly be along with all the answers :tinysmile_kiss_t4:

[Nibbler]

Re: Set-Aside granted - How to remove CCJ from credit file

If the court does their job properly then they should update the register to cancel the judgement as a matter of course, without any need for you to apply or prompt them. The legal regulations require that they do so.

That should in turn be picked up by the CRAs when they receive the update from the registry trust. Can take a few weeks to filter through though.

[leaflitter]

Re: Set-Aside granted - How to remove CCJ from credit file

Hi MissFM and Nibbler,

Thank you for coming back to me. I ask the question as those were the answers given when I asked the question to a solicitor.

In my experiences of the court system, I am unable to rely upon the courts doing their job properly as they have made crazy blunders, e.g allowing orders to be written up after the expiration of the deadline in the orders, to name but one.

Is there any way I can check that the courts have done what they should have done, aside from checking and paying for my credit file with each of the CRA's?

[Nibbler]

Re: Set-Aside granted - How to remove CCJ from credit file

The official register of judgements can be checked here.

http://www.trustonline.org.uk

If not removed from there you can tell the court that you require them to update the register as is their obligation under The Register of Judgments, Orders and Fines Regulations.

May also be possible as you say to hurry things up by giving the 3 CRAs proof of the set aside, although sometimes they do insist on waiting for the register to be updated despite that.

[Amethyst]

Re: Set-Aside granted - How to remove CCJ from credit file

If you have had a set aside application granted it would return to the point it was at before the judgment was granted - was the judgment awarded in default of filing your defence because you hadn't received the paperwork (ie because it went to an incorrect address?). Have you received an order from the court following the set aside ?

Yes in essence it should be removed from your credit file and from the register of judgments. You can also check your credit file online with a service like Noddle.

What kind of time periods are we talking about, when was the original judgment, and when was the set aside granted ?

[leaflitter]

Re: Set-Aside granted - How to remove CCJ from credit file

Nibbler

Thank you for that, I will check that out. Frustrating if I have to pay to check though. I may well get in touch with the court to chase them.


Amethyst

The judgment was awarded in default due to an address issue and a hefty objection which made them consent rather than run the gauntlet with a costly hearing. Simply, they knew they would lose, the evidence of the set-aside was too strong and their cock-ups needed covering up.

The order has been received which confirms the set aside.

the original judgment was made on 20 January 2014, set aside order made on 29 April 2014.

Thank you for your replies.