Any chance of getting this CCJ removed?

[hacompany]

Hello I'm new to this forum so please bare with me, i'm not even sure if i'm posting in the right place so feel free to move this post if necessary...

 

To cut a long story short, I was made redundant almost two years ago. Up until this point I never missed a mortgage payment and had no debt on my credit cards. I never expected to be out of work for as long as I was. Everything spiraled out of control, I put mortgage payments on credit cards and then everything just collapsed I had no income, I couldn't meet any of my payments and I just buried my head in the sand. I just had to focus on finding another job and thought I could just repair everything afterwards.

 

I'm finally working again and i'm slowly chipping away at my debts and trying to repair my credit file. I have just ordered my credit file from Experian and it's actually not as bad as i thought... at the moment. The only real thing it looks like i'm stuck with is a CCJ for getting behind with my mortgage. As soon as I realised how bad the situation was I had to ask for help from family who stepped we called the woolwich who set up a payment plan and we have been paying the mortgage + £100 towards the arrears and have since not missed a payment. Once I have caught up with other bills I also intend to increase this in order to clear the arrears quicker.

 

Is there anything I can do to get this judgement set aside. I had a clean credit file before the last two years. I'm finally out of this nightmare and just want to put everything right. I am not disputing the money I owe, but this CCJ on my credit file will make life difficult over the next 6 years. For example, my new job comes with a small car allowance but i'm finding it difficult to lease anything etc

 

Any help advice will be greatly appreciated.

 

Thank you for reading.

[coledog]

Hi and welcome to CAG

 

This is odd, as normally with mortgages they apply for a repo not a CCJ. Do you have the copies of the particulars of claim and judgement on this?

 

Mortgage arrears are quite complicated as there are specific FSA guidelines that claimant have to apply when dealing with these and you can challenge the actions they took to resolve the situation with you before going to court and after.

 

I think that you need to give us a bit more information about how this came about and you need to dig out all the documentation and letters if you can

[sillygirl1]

The Woolwich may have made loads of errors on your account, have you had any statements from them. If you can SAR them you can specifically ask for the statements, file notes etc and build up a defence, I gather that you did not defend the CCJ at the time it was granted, so it might be worth getting the documents the court has (there might be a small fee for this) and begin at the beginning of the case.

[hacompany]

Thank you so much for your quick response.

 

I don't have any of the paper work unfortunately, I'm sure I can write to the county court to ask for it. What information specifically would help? I think the CCJ was the step before the repossession. The CCJ meant if I didn't offer a payment plan which the Woolwich found acceptable they would be able to go for repossession?

 

Coincidently I called them to sort out a payment plan, unaware there was a CCJ? - Approximately two weeks after it had been enforced.

 

Also if I try to get the CCJ set aside will that upset the mortgage company?

 

I didn't defend myself at the time the CCJ was granted, I didn't even know it took place until afterwards...

[coledog]

You need the original documents, try the court who may be helpful or may direct you to the Woolwich's solicitors. You can write to them and enclose an SAE, ask for all the documents relating to this

[hacompany]

I've sent a letter off to the Woolwich today asking for all the information they have in relation to my CCJ so hopefully I will get a response to that over the next week. Will attempting to get the CCJ set aside be detrimental to my relationship with the Woolwich?

 

I've read on other threads that as I did not receive the paperwork this might be enough to get it set aside?

 

What are your thoughts on this?

[hacompany]

I recieved all the paper work from the CCJ this morning

 

What information can I give to help me?