Unusual one this - how should I tackle it?

[BenKing]

A quick summary of what happened first of all:

Early 2005 I went over my modest limit, incurred charges and got the default notice from Capitol One. I ended up moving and left it.

They tracked me down a few months later and through their solicitor threatened to recover the £728.68 owed in court if I didn't pay.

I sent them the £728.68, they went to court and the court ordered that I should pay £269.

I didn't because I had previously paid, but I notice on my credit report that this CCJ is still active.

Firstly I need to get the CCJ removed - do I contact Capitol One, Bryan Carter (their solicitor) or Northampton County Court?

As the court ordered me to only pay £269, can I claim back the overpayment or do I start the process from scratch and request a list of charges added as per the template letters?

Any ideas appreciated.

[marko2002]

BenKing, I assume that the amount owed was actually £728.68 in which case I wouldn't waste your time in trying to recover any balance on the judgement as I personally would think you'd have a hard time recovering it (if it was indeed owed).

If you received the CCJ after the default notice expired (I think you get something like 14-28 days to pay) then there is little chance of having it removed and it will probably be on your file for around 6 years or so. Your only option is to ask Capital One nicely as you have since settled the account - they may or may not agree to remove it, though I wouldn't hold my breath to be honest. Unfortunately, CCJ's are one of the hardest things to have removed from your file simply because they are put their by a court and can only usually be removed by such, either at the direction of the company concerned or by the court themselves if they feel it appropriate although this is usually in extremely rare circumstances!. Try writing to CO and see what they say, but remember you may have to be agonisingly nice to them!.

[BenKing]

Don't see why the CCJ should be difficult to remove.

I paid them on 7th Sep 2005 the full amount owed.

They still went to court on 21st to claim this amount, even though it was paid.

Surely the court will see that a CCJ is not valid as the amount was paid?

[Jacqueline07]

Have you got proof of payment? I would send that to the court and ask for the judgement to be set aside in view of the payment made in full prior to the judgement. Then get your charges back - Jackie

[c_allen]

Benking i'd pm a mod and ask them to look at your thread as your prob talking defamation or libel, in my humble opinion

[BenKing]

?

I don't understand what you're getting at. Everything in my post is factually correct as far as I can see............

Anyway, checked with Experian website and they say:

"A judgment is only removed in the following circumstances.

• It is paid within one calendar month. "

As mine was paid 3 weeks beforehand I don't think that should cause a problem. All I have to do is pay £10 to get the court to send Experian the appropriate form.............