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Sanyam Kaushik

CCJ while at different address.

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Hi Guys,

Need help from you experts

 

I have a property on buy to let. I sent the payment to the management company (who maintains the block of flats) by cheque. Unfortunately the cheque was not properly filled.

The company sent the cheque to my old address and reminders as well and subsequently filed for CCJ but I got none of the letters as I had moved to new address.

 

I believe that I had told the management company of my move but dont have any proof but I had also seeked their permission to let the property and that permission had my new address recorded on it.

 

Now I have paid the company when I got to know about it. But I also discovered CCJ when I saw it on my credit report yesterday. The company is asking me for further charges (legal cost etc totalling around 400 quids and I am contesting it.

 

Please advice what can be done to get the CCJ removed from my credit report as this is going to adversely impact my credit rating.

 

I have spoken to the management company and they said that I can apply for CCJ to be set aside. Is it possible for them to cancel it altogether or can you please suggest a better way to deal with it.

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Hi Sanyam and welcome to CAG.

 

The CCJ will be recorded on your CRA files for 6 years.You can request a Certificate of Satisfaction :- http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs/

 

The debt has been paid( all beit late) however it is satisfied apart from the marker.

 

Regards

 

Andy


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Thanks for the reply Andy.

I am just wondering, can I apply for CCJ to be set aside (as I was not living at that address, I have evidence that it is let)

Or can I ask the management company to get it deleted (apology for my lack of understanding but can a claimant remove the CCJ)

 

Thanks in advance again.

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If you pay a CCJ more than a month after the judgment date, it stays on the register for six years. There is no way to remove it.

 

If you've paid the CCJ in full, however, you can apply to have it shown as satisfied by showing the court your receipt. If you can't get this type of proof, the court will write to the person who won the CCJ.

 

From 6th April 2006 when the court are provided with evidence that a judgment debt has been paid in full, that court should notify us to amend the register and the register will show the entry as "satisfied". This will show anyone searching the register that you have paid, and when you did so.

 

 

 

Getting a certificate of satisfaction

 

If you also want a certificate showing that it's been paid you can apply in writing to the court that last heard your case, for a 'Certificate of Satisfaction' enclosing:

 

a) evidence that the debt has been fully repaid,

 

b) a statement advising that reasonable steps have been take to obtain such evidence but you have been unable to do so; or

 

c) a statement advising that you believe the evidence of payment is already held at the court; and the court fee of £15 (cheque payable to HMCTS)

 

You'll also need the claim number of the CCJ.

 

This only happens if you pay in full. Part repayment of CCJ's is not recorded.


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Trying to set a side for the reasons you state would be construed as trying to remove data which is against the ICO policy on the recording of debts.


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Trying to set a side for the reasons you state would be construed as trying to remove data which is against the ICO policy on the recording of debts.

 

Sorry, I did not understand this bit. What is ICO?

Is this reason not sufficient that I did not receive any communication from court or claimant because I was not living at that address and honestly I was not because the property is let. As soon as I came to know about pending payment, I paid it off.

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ICO = Information Commissioners Ofifice who are responsible for how debt data is processed.

 

As you have paid it there is no debt to defend..it would therefore be obvious you was setting a side to have data removed.Read the trust site link a Certifate of Satisfaction this should not be adverse or have a negative impact on your credit rating.

 

" If you genuinely disagree with a CCJ, you can ask the court to ‘set it aside' for a fee.

 

If this happens, the CCJ is removed from the Register. This doesn’t necessarily mean the case is over – it just goes back to the start, and the creditor will have to submit the court forms again.

 

If you don’t have a genuine reason for wanting the case set aside, or the court thinks you are wasting its time or lying, you could face fines or even a prison sentence."

 

Andy


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OIC. Thanks. So does it mean (yes, i would not take you to courts :p) that having a CCJ which has been satisfied does not have a sort of negative impact on the credit report.

 

Cheers.

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