Removing an old CCJ

[stellalad]

Back in Jan 2010 I had a CCJ made against me by Capquest recoveries,

 

I then paid it off over the course of the year and was settled early in 2011.

I'd a lot on my mind at the time so I didn't give this a 2nd thought.

 

Now fast forward to last week I

 

was going over my credit file and this CCJ was the only blip on an somewhat perfect credit report,

only 1 late payment in 6 years and that was 5 years ago.

 

I set about finding out about what this judgement was for as debts being statute barred after 6 years(5 years in Scotland)

 

When I phoned Capquest for the breakdown of this debt last week

I was told the debt was from an old Clydesdale finance store card account.

 

This had been passed to Capquest recovery in Oct 2004,

 

now.....the CCJ proceedings were raised in Nov 2009 just over 5 years making this debt statute barred.

But when i mentioned this to the agent at Capquest a mysterious payment had been made on Jan 2005

so the debt to them was not statute barred.

 

But back in Jan 2005 I was not even in the country

i was in Iraq in jan 2005

so how could I have made a payment?

 

I have queried this with Capquest, they tell me they have no details, just that a payment was made.

My next step will be to escalate matters with the FOS if no assistance is offered.

 

Regarding the CCJ

 

is there anyway I can remove this?

It is settled and has been for some time now,

just feel a bit miffed not to have challenged it.

 

I spoke to the court clerk and she said me paying the debt is admitting liability,

well I'm not going to have bailiffs bust my door down for not paying am I?

 

Am I right If the debt was statute barred would Capquest have no right in launching proceedings in the first place?

 

I am looking at getting a mortgage later in the year,

I do have a mortgage presently but am looking to move to a bigger house as I have another child on the way.

My financial advisor reckons the CCJ will have little bearing as it is old and settled but I want to get the best rate possible.

 

Thoughts please...

Edited January 19, 2014 by stellalad

[ims21]

Hi and welcome to CAG.

 

I have moved your thread to the Legal forum where the guys will be along to help as soon as they are available

Edited January 19, 2014 by ims21

[citizenB]

Ouch, yes it does look as though if you are in Scotland, then at the time the Claim was issued, the debt was very likely already statute barred. Unfortunately as you didnt defend this claim and simply paid up, you are stuck with that.

 

I do not believe you will be able to get the CCJ record removed until the 6 years is up

[BRIGADIER2JCS]

CB is correct and the entry will drop off CRA files 6 years from the judgement date.

[fkofilee]

I agree With CitB... Problem you have is you were aware of the CCJ back in 2010ish and it could have been challenged then and also applied to have it set aside (Mods, please tell me if im wrong with this due to Scots having different Laws)

 

You would now have to wait for the CCJ to pass...Thing is though, it shows settled, yes?

If so then it shouldnt be too much of a blip for you, just now wait until it drops off.