Trying to build a decent credit rating

[chrismc]

PJ

 

I have done quite a lot of research on this topic, and in some case you can get both defaults and CCJ's removed, but before you can, you need to get a copy of your credit file, then you write to the loan company or whoever placed the default - see sample letter below:-

 

ABC Loans Ltd

etc

etc

etc

 

Re: Agreement ABC123456

 

Dear Sir/Madam

 

I am writing to you concerning a record that has been recorded on my file by the credit reference agencies concerning a debt that I owed to you. If this debt has now been repaid or settled could you please write and confirm this so that 1 can clear my name with the credit reference agency. If the debt has not been settled could you please write and give me the details of what you would require to settle the outstanding amount.

 

The loan was taken out on the 10th December 1999 and the account number/reference was ABC123456.

 

I look forward to hearing your reply.

 

Your faithfully

 

PJ etc

 

amend to suit

 

Once you get a letter back you can then start to take action to get said defaults removed. If you owe nothing and they agree for the default to be removed you write to all the credit reference agencies and send them a copy of the letter from the creditor stating they agree to allow the default to be removed.

 

CCN Group Ltd.

Consumer Affairs

P.O. Box 40

Nottingham

NG7 2SS

Dear Sir/Madam

 

I have enclosed confirmation from the county court that the enclosed judgement has been set aside. Could you please remove this county court judgement from my file immediately?

 

I also enclose a letter from ABC Finance stating that the loan from them has now been repaid in full and that they are prepared to have the default in my file removed. Could you please also remove this immediately? As soon as you have carried out the above could you please write and confirm this as soon as possible.

 

I look forward to hearing your reply.

 

Yours faithfully

 

 

amend to suit

 

CCJ's are actually easier, I know someone who has done it very easily, and I am in the process now of having two set aside (not removed) set aside means in all likelyhood they will never be taken back to court especially if the set aside was due to unlawful bank charges etc. Once set aside you write the above letter to the CRA's and your file is then cleared. All this takes some time, but you should be able to do it in around 2 months, depending on how many you have, how quick they reply and if you can settle any default loans etc.

 

I have just written to the courts on two counts, one for a CCJ from Barclays for which a significant portion of the debt was unlawful bank charges and penalties and one for a consumer credit CCJ that in fact has been paid in full and I have a Certificate of Satisfaction for, but which I want removing from the records. I will let you know how I get on, letters are going off tomorrow.

 

There are ways, does not always work depends on your situation, but it can be done.

 

Chris

[chrismc]

Sorry, slightly hijacking the thread here but have you actually had any CCJs set aside for accounts containing unlawful charges? Have you used the unlawful charges argument in making the set aside application. I am personally very interested in this as I am about to try to do this myself but also if we can show that it can be done it will potentially help a very large number of people,

Seminole

 

I have not yet had any set aside, that is why I stated I am just starting and it may not always work, however, I do know someone who has and the reason was because information that was not to hand when the judgement was made had since come to light, that is the basis I am using. You need to apply to the court using Form N244 stating your resons to have the CCJ set aside.

 

Also there are other reasons, but it is Item 9 that I am using, here is more information for you:-

 

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. Listed are quite a few valid reasons below

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
    
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
    
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

You can use any of the above reasons to have your judgements set aside.

 

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

 

This gives you the chance of having your judgement/s removed forever.

 

So in my opinion, if a significant portion of the debt was in fact unlawful bank charges and penalties, surely this is good enough reason to ask to have a CCJ set aside.

 

I am also trying with one that was paid in full, I see no reason why that cannot be set aside for the same reasons, even though it is marked as settled, I would much rather have it off my file then on it!!

 

The defaults are a slightly different proposition, as it really depends on the creditor agreeing with what you propose, they must give consent!! but I would have thought even if you still owe them money and you can find some money to make them a settlement offer subject to them agreeing to remove the default, I think you could legally have it removed. It is a win win situation, but you would have to be very careful how you approached them.

 

Just my opinions, but worth a try I think.

 

Chris

[chrismc]

How old was your friend's judgment when he got it set aside?

 

I am not sure, but 1 - 2 years I think. If you have one set aside that you still owe there is always the chance the creditor could take it back to court, but from what I have been told this only rarely happens, and if they do not it remains off your credit file forever.

 

I am taking on Barclays over charges etc etc and whilst at it thought I would research removal of CCJ's, because afterall, if the charges are unlawful, then maybe the CCJ should never have been applied??? so I am now attacking them on both fronts, whilst this is in progress I am however still paying them monthly, just in case!! But I am pretty confident on both counts, after all this has been sorted out and charges etc refunded and I get my way and if there is a debt still owing they will have to come after me again, or pursue me through normal channels.

[chrismc]

Seminole

 

Something I forgot to mention which is extremly important:-

 

It is possible to have a CCJ set aside providing you have not made a written defence to your summons, or attended court as Defendant, then the system will allow you to apply

 

If you have made a written defence or attended court as a Defendent then I don't think you can do this.

[chrismc]

You can get to the stage of acknowledging the claim but the judgment really does need to be in default for you to have any real prospect of setting aside.

Agreed

 

Just to be clear- did he argue and are you arguing that the issue you weren't aware of at the time of the judgment was that bank charges may be unlawful?

Yes exactly because it is the truth and therefore can be proven. I am not relying on anything that may cause doubt in the eyes of the court/judge etc.

 

I am going for it anyway, if I fail, it affects nothing in may case, if I win it makes a huge difference to my credit file and gives me more ammo against Barclays and their bank charges.

[chrismc]

Just wanted to say what a fantastic thread this is...am reading with interest about CCJ's being set aside.

 

All I can say is that I have learnt so much on this board, I wish I knew 4 years ago what I know now and I can't thank you all enough.

 

Thanks Dolly......I think we all wish we knew years ago what we know now, life would be so much simpler

 

Chris

[chrismc]

 

I have done quite a lot of research on this topic, and in some case you can get both defaults and CCJ's removed, but before you can, you need to get a copy of your credit file, then you write to the loan company or whoever placed the default - see sample letter below:-

 

Once you get a letter back you can then start to take action to get said defaults removed. If you owe nothing and they agree for the default to be removed you write to all the credit reference agencies and send them a copy of the letter from the creditor stating they agree to allow the default to be removed.

 

CCJ's are actually easier, I know someone who has done it very easily, and I am in the process now of having two set aside (not removed) set aside means in all likelyhood they will never be taken back to court especially if the set aside was due to unlawful bank charges etc. Once set aside you write the above letter to the CRA's and your file is then cleared. All this takes some time, but you should be able to do it in around 2 months, depending on how many you have, how quick they reply and if you can settle any default loans etc.

 

I have just written to the courts on two counts, one for a CCJ from Barclays for which a significant portion of the debt was unlawful bank charges and penalties and one for a consumer credit CCJ that in fact has been paid in full and I have a Certificate of Satisfaction for, but which I want removing from the records. I will let you know how I get on, letters are going off tomorrow.

 

There are ways, does not always work depends on your situation, but it can be done.

 

Chris

As proof my statements above can work:-

 

As per my post earlier in this thread, I wrote to the Inland Revenue on the 19th June respectfully requesting they please write and confirm that they have no objection to a CCJ being removed or set aside so that I can clear my name with the credit reference agencies.

 

Today I received a letter from the Higher Debt Manager of the Inland Revenue Enforcement & Insolvency Unit, agreeing with my request and commented they were actually glad I had managed to get a ‘Certificate of Satisfaction'

So letters going off tomorrow to Credit Reference Agencies with photocopies of the letter.

Quite a quick result really.

I am still going through the process of having another set aside, but that is still live so a lot more work involved.

Chris