CCJ Question

[Jon82]

Hi

I am new to these forums so please bear with me.

About 3 years ago In was taken to County Court and lost (and rightly so) and had to pay £500.

To not get a CCJ, I agreed to pay £500 within 1 month.

Now this is where I am to blame as I never checked my Bank Account but the company never cashed my cheque.

They admitted they recieved it but never cashe dit (never gave a straight reason)

They have made zero attempt to get the monies off me through other channels since then.

I have now relised my credit report does not look as good as it could do.

Is there a way to fight this?

I admitted guilt and agreed to pay immediately but as I never kept a check on it am I screwed for another 3 years?

Thanks In Advance

[dan_1207]

Re: CCJ Question

You have two options so far as I see:

1. You write to the Claimant pointing out that you provided payment to them, but the same was never presented for payment. Clearly, you could not force them to present it, and you did all you could so far as a cheque payment is concerned. You ask them to agree to setting the judgment aside, and that they will meet your costs in dealing with it (£155.00).

2. You make a formal application to the court for a hearing, where you will ask the judge to remove it. This is not a very strong option, given one of the criteria involved in making these sorts of applications is that it is done within good time.

I would write to the Claimant and press them for their consent to have the judgment removed, conditional on them meeting costs.

[nemesis45]

Re: CCJ Question

Hi Welcome to LB,

I presume the CCJ shows as a " public record entry" on your credit files?
Have you been I touch with the claimant at all?
As this is not judgment by default and you admitted liability, what ever you
do could lead the claimant enforcing the claim.
Do you have evidence that the check was received by the claimant (in writing)?

nem

[Jon82]

Re: CCJ Question

Hi Sorry for the delay in getting back, I had proof at the time but it was 3 years ago so any info would be lost.

They have never enforced it which I found weird.

I have contacted the company and all they said was 'the debt is still outstanding'

[nemesis45]

Re: CCJ Question

Back to post 3# Does this show on the public record section of your credit file?
The real question is what do you want to do about this?
1. Write a formal complaint to the CEO/MD of the claimant regarding their incompetence
over the non presentation of the cheque and the difficulties the CCJ public record entry has/is
causing you.
Suggesting that they agree to the judgement being set aside.
2. Give the claimant 7 days notice that you intend to apply to the court to have the judgement
set aside, you will need to have the evidence that the cheque was received by the claimant.
3. Leave it to drop of CRA files after 6 years.

You must consider obviously what may happen once more specific contact is made, e.g. Formal enforcement action by the claimant, the debt being passed to a debt collection agency.

nem

[stevemLS]

Re: CCJ Question

If you can prove that you sent the cheque on time then you may potentially have a cause of action against them for not confirming settlement of the judgment debt thereby causing the wrongful registration of the CCJ.