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Hi, looking for a little advice and maybe some pointers of correct direction to take. I left from my wife some time ago (now divorced). During the years that followed I was having immense problems with her, she hadnt been paying bills etc and this has seriously damaged my credit record.

 

In one case she took money while I was working away to pay bills, never did so and really left me in a bad hole. I paid everything up when I sold the house and had dialogue with all my creditors. Two accounts were passed to Capquest, who I was talking to and trying to find out what when wrong where.

 

Even though they had contact with me they sent court papers to my old address, therefore I was unable to defend. I have since applied for a SAR to Capquest and everything I have suspected is confirmed in the SAR. They had dialogue with me but decided to apply for the CCJ at my old property. I presume this has been an attempt to place a holding order on my property as it was going for sale.

 

I have a signed letter from my ex stating that she withheld post etc from me at that time.

 

My question is, Do I send a letter to Capquest outlining what I know and asking them to remove the CCJ, stating the damage that has been done to my credit file, and agree not to attempt to seek any damages in return for the removal.

 

Or apply for set aside and then look for damages? TBH as annoying as it is Im not really looking for compensation I just think what has been done is underhand and left me with no chance of contesting it in court. Id be happy enough just having the CCJs removed.

 

Anyone gone down this route? Any suggestions or help would be gratefully appreciated.

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Hi there

A CCJ will not stop you selling a property. Also it doesn't reduce any amount you get for the property.

 

The next stage if the CCJ is not satisfied is for them to get a Charging Order -- at this point they can take money put of the account from the proceeds of sale but only AFTER higher priority creditors --usually the Bank / Mortgage company have been paid.

 

It takes several months to get the charging order so the chances are your Sale will complete first. Just spin out the CCJ issue for as long as possible so you can get the property sold --then tell [email protected] to Foxtrot Oscar.

 

Meanwhile if the CCJ was wrongfully or vexatiously issued just sting CQ for as much as you can get. It's high time these parasites with their NON RESIDENT (for tax purposes) Directors were hounded from our shores FOR GOOD.

 

Cheers

jimbo

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Hi Jimbo, the house has already been sold, this took place two years ago, but for some reason they only appeared on my file approx 6 months ago. Currently I dont need or want credit, I have credit cards and a loan all are paid successfully without any problems. I presume due to some cock up these CCJs didnt appear on my file and hence I have successfully applied and received credit.

 

Im just wondering if I should write to Capquest first, give them the option of removing these befor I apply for set aside/damages or simply go straight to set aside. Im wondering if by writing to them I am proving to the judge I have done what I can to try and sort the situation out before a hearing or whether I am simply giving CapQuest ammunition to protect themselves by taking this route.

 

Thank you again.

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Go to the HM Courts website and download form N244 to get it set aside would be my advice. That deals with the important issue of clearing your credit record. If you tehn want to take further action you have two lines you can take. Firstly against Capquest for knowingly sending letters to the wrong address and secondly against your ex wife for intentionally witholding your post from you. You could pursue either or both in my opinion.

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