My mum has a CCJ because of me - need advice

[Matt1120]

Hello guys, I'm new here and would appreciate any advice or help on the following matter as I'm looking to clear a CCJ from my mums history! This is a CCJ down to my mum being the guarantor for my student accommodation:

 

Back in April 2010 I was due to pay my last installment of rent... i didn't.

1st of June 2010 - solicitors sent pre action letter to me (student apartments) & to my mum (sittingbourne)

Mid June - solicitor has record of me acknowledging the letter with student apartments and asking for 2 more weeks time to pay up.... i didn't.

15th July - Solicitors asked by student apartments to start legal proceedings

20th July - Court had sent a letter to me at (student apartments) and my mum (sittingbourne)

12th August - CCJ sent to my mums (sittingbourne)

Later in August - high court enforcement officers sent round

September - CCJ paid in full

 

From mid June or so I was living in Sittingbourne, so I didn't receive any of the letters sent. I didn't appreciate how serious and quick things progressed as I was intending to pay it all off at the end of summer!

From what I know if the CCJ was paid in full within a month I can get the CCJ removed from my mums history via the registry trust (going to find out tomorrow exactly what day it was paid)

But if not.. what are my chances of getting this set aside from the registry trust for her

Bearing in mind i don't think my mum knew what was going until the enforcement officers came knocking... and soon paid the debt thereafter.

 

What would be the chances getting it set aside on these points:

 

1. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons? = NO (but need to check if the CCJ was also issued against me)
   
   
2. Did you receive the summons? They are not sent by recorded mail. = NO
   

I feel really bad in being so irresponsible when i was younger and now because of it I've screwed up my mums credit history. I need to get it removed for her as she was declined a sizable loan because of the CCj, prior to this her record was impeccable!

Any advice would be massively appreciated, my apologies if this post became a bit too long winded.

[Ganymede]

Why did you mum ignore the letters and Claim Form?

[Matt1120]

In all honesty I am not sure, it may have been because she thought I was going to handle the matter in which I didn't. It may be down to the fact she was working & living in London at the time, it was all so long ago...

[Ganymede]

Well your mum will need a better excuse than that to get her CCJ set aside.

 

Hopefully it was paid in full within one month so won't be an issue.

[Matt1120]

I hope so... if not would the points I stated above suffice as valid reasons to get her CCJ set aside ?

[renegadeimp]

Doubtful since its already been paid. But see if it was paid in the first 30 days. If so, the CCJ should never have been recorded. However, what you need to remember, is that she was a guarantor so the CCJ is legit. If it was paid in 30 days, then it shouldnt be there. If it wasnt, then you will find it almost impossible to be removed before the 6 years are up, although it would be marked as satisfied.

 

It's one of the pitfalls of being a guarantor. You become as liable as the actual debtor for the debt.

[Ganymede]

I hope so... if not would the points I stated above suffice as valid reasons to get her CCJ set aside ?

 

 

 

Probably not.

[Matt1120]

Am I right to understand you cannot set aside a CJJ once it is already paid ?

[renegadeimp]

You cannot set aside a CCJ unless you have a very good reason. You dont have one, so you will find it very hard to get it set aside.

 

Your mum was a guarantor, so she is equally liable for the debt and aftermath. That takes care of point 1.

The summons went to the correct addresses, you and your mum didnt respond. That takes care of point 2.

 

You also paid it, and then waited 2.5 years. That wont wash with the court.

As i said, it is one of the downfalls of begin a guarantor. You run the risk of what has happened here if the other person defaults.

Edited March 6, 2013 by renegadeimp

[Ganymede]

Am I right to understand you cannot set aside a CJJ once it is already paid ?

 

 

 

What would her Defence be?

 

Also she ignored the forms with no good reason and has waited 2.5 years. Applications are meant to be prompt so even if the debt had not been paid it would still be very unlikely.

[Matt1120]

I know it's irrelevant but we only realized the CJJ was in her name not so long ago.

 

I was hoping to find an error in the formalities of the CJJ being issued for it to be set aside. For example if she nor I wasn't resident at the address's the CJJ had been sent to as well as not being sent via recorded delivery...

 

What if she paid 35 days after? any leniency on the 30day rule?

[Ganymede]

Has your mum moved in the last few years though? Also, the Court never sends documents by recorded delivery.

 

As I asked previously, if the CCJ was set aside you would have no Defence as the debt has been paid.

 

No I don't think you are allowed to be late, even 5 days late.

[Matt1120]

Yes shes been permanently living in London for the past 2 years.

 

OK so basically, under the circumstances I stated in the initial post if she hadn't paid withing the 30 days shes got no chance :/

[Ganymede]

Yes shes been permanently living in London for the past 2 years.

 

OK so basically, under the circumstances I stated in the initial post if she hadn't paid withing the 30 days shes got no chance :/

 

 

 

But at the time she was living it Sittingbourne wasn't she and received all the Court forms and letters??

[renegadeimp]

You paid it even though you never recieved court documents. Therefore you admitted it and didnt set aside. Now, 2.5 years later, and only after a loan was declined, you are trying to get it set aside. As i said before, this wont wash with a court.

[Matt1120]

I will have to speak with her, she was away from home for long periods at that time because she was working in London so she was staying at her partners place, but hadn't fully moved out.

 

I understand it won't wash.

 

What I'm getting at is she has an exemplary past record, she paid it in full as soon as she was aware, and just because she may have missed the pay by date by a few days she now has to suffer for the next 3+ years as a result.

 

Is it a matter of black & white for the courts or do they allow leniency in certain cases ?

[renegadeimp]

They wont set it aside for those reasons. Thats the downside of not paying the debts on time, or setting aside a claim correctly. The rules are there for a good reason, the courts wont be leniant like you want them to be.

[AndyOrch]

Hi Matt and Welcome to CAG

 

 

As advised the set a side is not an option your only option is http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs/

 

Regards

 

Andy