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Wrongly placed CCJ - how quick can it be removed?


skybluechic
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My partner has discovered today that a CCJ judgement for over £1000 took place a couple of weeks ago for an old credit card debt.

 

He is currently paying this off to a company called weightmans who are working on behalf of Cabot who now own the debt.

 

He agreed with weightmans nearly 18 months ago that he would pay £50 per month and he has done this ever since and his credit files reflect this.

 

However Wright hassell solicitors on behalf of Cabot have now registered the CCJ for the full debt plus court costs.

 

The CCJ was also registered to our old address which is why we never received the court papers as we may have been able to stop it.

 

Weightmans are baffled and don't understand what has happened and Wright Hassel have said after a very lengthy phone call and the demand to talk to a manager that they will contact weightmans for confirmation and then contact the court for removal.

 

Does anyone know how long this will take and is there anything we can do to speed up the removal?

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So why are they offering to remove it?

On hat basis?

 

Something smells here

About why they are removing it so readily?

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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i certainly wouldnt be waiting around for them to do this for you, cabot seem to be doing a lot of this lately and sending HCEO's in after judgement.

 

CCJ should never have been granted if you have a payment plan in place.

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I think they realise it was placed wrongly as we have proof it is being paid with only approx £100 left.

 

As far as we were aware weightmans were handling the account and we were paying them directly

 

we can see this on the credit files so weightmans or Cabot must have been updating this.

 

Sorry Martin what is a HCEO?

 

Yes totally agree, the CCJ has been granted just because the companies can't communicate with each other or check the facts first.

 

What can we do to make sure they inform the court to remove it?

They have said they will talk to the court on Monday but I am dubious as to whether they will do this.

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Read up about getting a setaside. Follow the instructions and get started now.

If you deal with them on the phone at all, then read our customer services guide first

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HCEO = High Court Enforcement Officer (although I thought this title was no longer in existence from 2014 !)

 

The company have probably realised that they would not have been given the Judgment had you received the paperwork and submitted a defence that you were already committed to a repayment plan and the amount they have been awarded is not correct.

 

IMHO, you need to submit an application to the court to get this set aside on the basis that a) the company had your correct address but used an old one to obtain a judgment and the debt they have claimed for is pretty much paid up so they have made an incorrect claim as well.

 

IMHO, you need to do this through the official channels, because as you have just discovered, the company/claimant cannot be trusted.

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Thanks for the quick replies. Ok great I will read up on getting the judgment set aside asap. How long is this likely to take as the way we found this on the credit file was through a mortgage application, luckily this was a soft check but are now at risk of losing the house we wanted to buy because of this.

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Well for sure the sooner you get the application in the quicker it will be resolved. TBH, I am not sure how long it will take - have flagged your thread for others to comment.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am reliably advised if you go through the normal channels, eg the courts it could take up to 3 months. If you go through the claimant via a consent order, it will go through a lot faster.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can you not also get Cabot to put in writing that the ccj is a mistake?

And show this to whomever refused the mortgage?

That might smooth the water whilst you or they get it removed which as pointed is a long process

 

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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Monkey..organ grinder....

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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So just to make sure we know what he needs to do, we should first ask Cabot directly to provide a consent order and send it to the court. Should they be sending a copy of this to my partner? In the meantime should we also complete a N244 form for the court for the CCJ to be set aside or will this confuse things? Thanks!!

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Yes skyblue, i would attack this from both angles, use the n244 as your backup plan incase cabot/weightmans drag their feet

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