creditor got CCJ, written to agree removal - do i have to attend court? ***RESOLVED***

[operationfirestorm]

Hi,

 

I have been fighting a company for a year and a half in regards to a CCJ they issued in my absence.

 

Finally after I sent them a subject access request and finally got a court date to set it aside

the company who issued the CCJ wrote to me enclosing a copy of a letter they sent to the court.

 

In the letter the creditor wrote they communicated to the court that they are happy for the CCJ to be set aside

and the they will not continue to chase me etc. they are in effect dropping their case.

 

My question is this;

 

I have a court date to set the CCJ aside in a week

however the creditor wrote to the court in the first week of November.

 

Do I need to still attend court in order to ask the court to set the CCJ aside

or will the court update the registry in my favour

and remove all trace of the CCJ from my credit file automatically?

 

I have checked my credit file which checks all three credit reference agencies and the CCJ is still there.

 

Just keen to get it off my file ASAP.

 

Any help most appreciated.

 

Happy new year everyone!

[Consumer dude]

I am of the personal opinion that courts don't do anything unless you pay. They seem to be corporate to me..

[operationfirestorm]

I have no problem paying them, I just want to know the answer to my question.

[dx100uk]

I think it's 255 for the set aside

unless you are on certain benefits

 

I've moved your post to the legal forum

 

the guys here will know the answers.

 

as for the removal of the CCJ, I think that you get a cert and do it that way.?

 

dx

[operationfirestorm]

I thought the certificate is for when you pay the CCJ off? The company who issued it did so in error and have written to the court telling the court they are happy for the CCJ to be set aside so no one is paying anything. When a CCJ is set aside its removed completely from your credit file and is nt visible.

 

I just need to know if I need to attend court on my hearing date next week to present the letters as I'm guessing only the judge can agree and update the records?

 

I will call the court in Monday too to check as I am not sure how different this is now that the original creditor has essentially dropped their case against me. Will the court read their letter and just act on it without the need for a court hearing?

[ploddertom]

 

I will call the court in Monday too to check as I am not sure how different this is now that the original creditor has essentially dropped their case against me. Will the court read their letter and just act on it without the need for a court hearing?

 

I think you have answered your own question.

[mjt2013]

It's your application so I'd recommend you attend. If the judge hasn't seen the other side's letter and no one turns up your application could be struck out.

[operationfirestorm]

Well I'll call the court and check if I need to attend, I thought perhaps someone might have had some experience with this. I just wondered if the court will act on the letter that the creditor sent to them but perhaps they will only at after the herring and of course I am going to attend.

[mjt2013]

In fairness I think the people who have replied to your question do have some knowledge and/or experience of the issue but we can only give our opinions, we can't decisively tell you what you should do in your own best interests!

[operationfirestorm]

In fairness I think the people who have replied to your question do have some knowledge and/or experience of the issue but we can only give our opinions, we can't decisively tell you what you should do in your own best interests!

 

You are making it sound like I am ungrateful?

 

If someone who had already commented had, had the exact same scenario then they would have commented what they did. Fair play and I am grateful for everyone's input but the forum is here to discuss, aid and assist people with issues and that is what I asked.

 

Clearly it's obvious now that I need to call the court as no one has been definitive yet in an answer. I do not think the problem I have is specific to me and absolutely no one else either. I am sure many other people have managed to get their creditor to back down before.

 

The whole point of posting is to perhaps find someone else who has managed to get their creditor to do the same thing.

 

I will of course help others and report back once I have called the court and or attended court.

[mjt2013]

OK, good luck.

[Ganymede]

You are making it sound like I am ungrateful?

 

If someone who had already commented had, had the exact same scenario then they would have commented what they did. Fair play and I am grateful for everyone's input but the forum is here to discuss, aid and assist people with issues and that is what I asked.

 

Clearly it's obvious now that I need to call the court as no one has been definitive yet in an answer. I do not think the problem I have is specific to me and absolutely no one else either. I am sure many other people have managed to get their creditor to back down before.

 

The whole point of posting is to perhaps find someone else who has managed to get their creditor to do the same thing.

 

I will of course help others and report back once I have called the court and or attended court.

 

 

 

You need to either write to the Court with a Consent Order or attend in person.

[operationfirestorm]

You need to either write to the Court with a Consent Order or attend in person.

 

What is a consent order?

[Ganymede]

What is a consent order?

 

 

 

It's just a court order both parties sign and is then rubber stamped by the court.

 

The order will state something like:-

 

 

BY CONSENT IT IS ORDERED THAT:

 

1) The judgment dated ..... be set aside.

 

2) The Claimant will file a Notice of Discontinuance within 14 days of the date of this order.

 

 

Search around there will examples on CAG.

[operationfirestorm]

Will not the fact that the creditor wrote to the court and made the letter out like;

 

The defendant then name

The claimant then name

Claim number

 

Then wrote in a short paragraph that they have no objections to the CCJ being set aside and that they wish to not pursue the matter any further.

 

 

Would that not be enough for the court to action anything?

 

Or like you have said the court is expecting a set style of document from the creditor?

 

Think I'm going to just attend the hearing next week and present the letter to the district judge and speak to her/him and get a definitive. I'm in a bit of a rush now to get this off my credit file ASAP. Although its been a battle and a half.

[mjt2013]

The problem with letters is that you can't be sure they've made it to the court file so can't be sure the judge will read it.

[steampowered]

Unless you have a consent order in your hand as suggested by Ganymede, or some other form of order from the court, then I think you need to attend.

 

You could always call the court and ask for the file to be put before a judge, the set aside granted and hearing vacated ... but there are no guarantees.

 

If the hearing remains booked and the judge finds there is no one there, the most likely outcome is that he will dismiss the application and move onto the next hearing without reading any of the papers. This would mean that the CCJ remains on your file.

[operationfirestorm]

I called the court first thing this morning.

 

The lady on the phone said they are in receipt of the debtors letter

 

but said that to be sure i should attend and make sure the judge rules in my favor.

 

She said she could not comment any further

 

but considering the letter content its looking promising.

 

So I will attend next week and then update this post. thanks

[operationfirestorm]

OK I thought I would update you on what happened when I attended court.

 

I sat in front of the judge, she said 'ill save you a lot of trouble' i said ok.

she said the creditor had sent the court a letter both asking for the judgement to be set aside and that they are no longer pursuing.

I said can i confirm we have the same letter as I had a copy. The judge said yes its the same letter.

 

She then said the she is ordering the judgement to be set aside and something about cancelling the order

so that the creditor could not continue their claim in anyway in the future in regards to this case.

 

I then told the judge about the company not complying to the SAR request,

she said that i must make a separate case before the court as this hearing is for setting aside the CCJ only. Fair enough.

 

The judge then advised me to speak to the clerks in the office below in order to get the CCJ set aside order sent to the registry trust.

 

i went to see them, they said they will send the order to the registry trust that same evening and then suggested i check my credit file to make sure the CCJ has been removed.

 

it was worth going to the court,

thanks for eveyones advice,

clearly even thou the company sent a letter to the court i had to attend.

The creditor did not attend.

Funny when i went to the clerks office they knew the name of the company..

.. wonder what that was all about,

perhaps i am not the only one who had received a CCJ for no good reason eh!

I will never know.

 

now i will check my credit file in a couple of weeks and see if the CCJ has been removed,

if not i may need to do some more admin as i will have to inform all of the credit reference agencies

but apparently once the registry trust gets the update then when the search engines update

they will see the updated info as me not having any CCJs

and my file will update accordingly without further action from me.

 

I will let you all know in a couple of weeks if the CCJ has gone off my credit file.

 

It will be a celebration day as its amazing how much it can affect your life!

 

will i see a dramatic increase in my credit score?

 

who knows its got to get better than 337!! out of 1000.

 

Maybe the score will not increase at all but i imagine it will as the CCJ has a terrible affect on ones credit file.

[dx100uk]

hey great result

 

not lowells was it?

 

dx

[operationfirestorm]

No some stupid storage company who was billing me for something I never had!

[operationfirestorm]

Just another update.

 

I checked my credit file and it seems that the CCJ has been removed in entirety from experian and call credit but equifax did not remove it.

 

I sent the court determination letter with the court stamp on it to equifax and asked them to remove it.

 

They said they can only remove a CCJ if I have a satisfaction certificate!

 

Well I emailed them and said the court did not issue a certificate as I did not pay the CCJ off the judge set it aside and dismissed the claim.

 

Why are these people so difficult

 

I mean experian and call credit just updated my credit file with the CCJ being removed.

 

Come on!

[operationfirestorm]

equifax finally removed the CCJ

[steampowered]

Well done, delighted that you took the correct decision to attend court and have managed to resolve this.

[operationfirestorm]

Yes I am pleased. Just got two defaults to remove off my file now, BG and CapitalOne trying to get some help on another thread. Neither of them belongs to me and were issued at another address. Been looking for a template to say i did not receive the defaults as i was not living at the address, maybe then the defaults can be removed while i fight the companies. Anyway thats on another thread.