CCJ should be cancelled showing as settled

[safari]

Hi there
I had a CCJ claim against me June 2014 from Lowell for £700 it was actually statute barred at a the time but I didn't know you could contest this anyway I didn't receive the papers and a CCJ was set against me by default as soon as I found out I contacted Lowell who said if I pay within 30 days it will be cancelled, they sent me some documentation - a Tomlin order of I remember correctly, and paid the amount by Cheque. It wasn't on my credits file as far as I can see but all of a sudden it's showing on there, as settled on 29/9/14 which is 3 months later than the CCJ was passed! I've searched the trust and it's showing on there as settled and the dates I used above!

I've just received a court order for a statute barred debt also which I've posted about separately, but Lowells are after me I've just checked noddle- I'm usually with experian and that shows a credit card from 2008 that had not been used since 2009 nothing on my credit file as it was statute barred a new default for January 2015 to present date! Can they do this?

I feel it's karma coming back to get me but also feel I should try and sort it out!

Thanks in advance!

[Amethyst]

Re: CCJ should be cancelled showing as settled

If you paid the CCJ before 28 days after the judgment order then it should not have been entered on the file and you will need to contact Lowell and the Court and ask them to sort it out - it will mean sending evidence of the payment to the court so it can be removed. what did the tomlin order say ?

And no they can't add a new default - just tagging [MENTION=1508]Nibbler[/MENTION] as he posted the 'rules' on this yesterday and I can't find his post.

[Nibbler]

Re: CCJ should be cancelled showing as settled

http://www.legislation.gov.uk/uksi/2005/3595/made

Cancellation or endorsement of entries relating to judgments of the High Court or a county court

11.—(1) This regulation applies where an entry in the Register is one to which regulation 8(1)(a) applies (judgments entered in the High Court or a county court).

(2) Where it comes to the attention of the appropriate officer that—

(a) the debt to which the entry relates has been satisfied one month or less from the date of the judgment; or

(b) the judgment to which the entry relates has been set aside or reversed,

that officer shall send a request to the Registrar to cancel the entry.

(3) Where it comes to the attention of the appropriate officer that the debt has been satisfied more than one month from the date of the judgment, that officer shall send a request to the Registrar to endorse the entry as to the satisfaction of the debt.

[Nibbler]

Re: CCJ should be cancelled showing as settled

I've just received a court order for a statute barred debt also which I've posted about separately, but Lowells are after me I've just checked noddle- I'm usually with experian and that shows a credit card from 2008 that had not been used since 2009 nothing on my credit file as it was statute barred a new default for January 2015 to present date! Can they do this?

Is this actually a default date on Jan 2015?

Or is it an earlier "default date" in the main section of the entry, but Lowells have just starting recording D/8s from Jan when maybe they took over reporting?

For example in this case, where the DCA started recording D's in July 2014 when they took on the debt, but the original default date is actually April 2011.

[safari]

Re: CCJ should be cancelled showing as settled

Thanks for your promt replies, its showing as default date 29/02/2012 with a status update each month from here on, this must be the month the took over so does the time start again, I have not made a payment since 2009.

[Nibbler]

Re: CCJ should be cancelled showing as settled

The default date on your credit report has nothing at all to do with when the clock for the debt being statute barred started.

A late credit report default is a separate issue, insofar as the legal statute barred status of the debt in any defence of the court claim is concerned at least.

May be better off with a separate/new thread for each court claim. There are links to 1st steps at the top of the Received a Court Claim ? board.

[Nibbler]

Re: CCJ should be cancelled showing as settled

May be better off with a separate/new thread for each court claim. There are links to 1st steps at the top of the Received a Court Claim ? board.

Ah. I see you have done that already and [MENTION=6]Amethyst[/MENTION] is helping.