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CCJ Set aside - is it worth it?


pocketchick
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Pretty straightforward really

 

 

My husband and I recently tried to rent a new property but the credit check came back negatively (we weren't expecting this).

 

 

On checking credit report husband has been given a CCJ through the Northampton bulk processing business centre,

the court documents were sent to his previous address 18 months ago.

We have evidence that he didn't live in the property at the time.

 

The debt is only tiny, (around £450) and had we known about the judgement at the time we could have paid in full and avoided the CCJ being added to the credit report.

 

The original debt was from capital one and my husband can't remember when he took out the card but it would have been over 5 years ago,

and he has moved address 4 times and lost his previous tenancy after divorce.

 

Do you think it's worth applying to have the CCJ set aside,

so we can then make full payment and clear the CCJ or is it pointless

and we just look for a landlord who will take us regardless of the credit check

and wait it out until it comes off on it's own?

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If it wouldn't have been stat barred when they issued the claim and they used your last known address and were never informed of change it might be difficult and you would need to show any defence would have a good prospect - and will cost £150. Given the lowish amount what I would do is approach the claimants and see if they would be willing to consent to the CCJ being set aside on the understanding that if they consent you will pay the amount.

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As has been said, you cannot use the moved address argument alone for a set aside and would need to state other reaaons as to why the CCJ should not have been awarded.

 

Suggest that you settle the CCJ in full and get a written confirmation of this, that the CCJ will be noted as settled on all records. If it is shown as settled, you might then not have difficulties with it in future. The CCJ record will come off after 6 years of the judgement date.

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no harm in ringing northants bulk and requesting a copy of the CCJ

as long as you know the CCJ number.

 

 

prob would have bee a debt buyer like cabot or lowells that took you to court

 

 

an sar to cap1 might prove useful too

 

 

I'd suspect the debt will have penalty charges [late over letter etc]

and PPI

 

 

both of those can be offset by reclaiming to get you some of the moneyback.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A note on two of the original questions

("so we can then make full payment and clear the CCJ or is it pointless"

and "and we just look for a landlord who will take us regardless of the credit check"):

 

If you intend to apply for a renting agreement, a loan, a mortgage etc or even apply for a service contract, you will find worth paying the debt. I would suggest you inform the creditor by writing. That done you will apply for a satisfaction certificate - I think it is 15 GBP.

 

If you take this path you will have paid for the cost of the claim only (60 probably?). The CCJ will remain logged on your credit files but:

1) this CCJ will show as satisfied

2) your certificate can be reasonably shown to any company doing the credit check - for a renting agreement you generally have a section to declare any credit item to be aware of. It does not guarantee that your application is successful but would look clear enough for many agencies/landlords.

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