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Getting a ccj/default removed after 4years


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Hi all advice my other half had a student account between 99-02 on the account was an overdraft facility of 1250, when the account was not used for about three months out of the blue she got a letter demanding full payment whatever occurred her losing her temper the bank being overzealous it resulted in her being defaulted and then ending up with a ccj all this correspondence was at her student digs address...

 

For the last 18 months she has being paying a dca a nominal fee of £7 per month,Now recently she obtained a copy of her credit report and it shows that a judgment was entered for just over £2000 dating back to dec 02.

 

Now the purpose is to try and clear her credit file asap although i fully understand that the cra have an obligation to report accurate data, however this should work both ways as she was clearly defaulted and ccj issued against her for an amount that did not relate to any outstanding balance.

 

After browsing through the archives and templates we are looking at it seems that we need to fill in a n244 to request for the ccj to be set aside and provide the judge with as much info as possible as the original judgment was not defended. The court also mentions that a district judge will then look on the evidence and assess if the ccj gets removed.

 

In the mean time we are awaiting a S.A.R - (Subject Access Request) to come back from the court and the bank involved and also awaiting copies of any default notices that may have been issued.

 

(i know that the default and ccj expire after six years)

 

Question 1 Will the judge even look at the application as the ccj was issued so long ago?

 

Question 2 What info is the district judge looking for to nullify the ccj?

 

Question 3 Will the courts have to disclose all the info that the bank supplied when requesting the ccj be issued under trhe S.A.R - (Subject Access Request)?

 

Any advice welcome before we make matters worse ....

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1) yes... but the longer you leave it the less chance you have. There must be a genuine reason why the claim was not contested at the time eg you didn't receive claim form etc. The longer the time span the more dubious the Judge becomes and the more likely he/she will feel the set aside application is merely being done to improve credit rating.

 

2)The defendant must have a very good chance of success in defending the case. eg if the Judge does set aside judgement it will not finish there but the case will be reheard. You must bear in mind that a judgement that have been set aside could then be re-entered if you lose the subsequent case with the new judgement lasting 6 years from entry.

 

3) Sorry I don't understand the 3rd question.

 

However bear in mind when deciding whether to apply to set aside the above 2 points.

 

rightly or wrongly most Judges would come to the conclusion that by paying the DCA for the last 18mths you a) knew about the debt (so cannot plead ignorance) and b)agreed that you owe it as you were paying them back.

 

Your best chance would have been that you dispute the debt (or part of it) because of unlawful charges...which I think you are inferring to.

 

However the fact that any charges are unlawful is disputed (OFT Case) so I don't many judges will make a ruling on this in a CCJ hearing until this is resolved.

 

Sorry if all this sounds a bit harsh ....but it is what the D Judge will say or refer to

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Thanks for the response much appreciated i didn't think that paying a dca was an admission of any guilt as they generally send a demand out for xyz and usually bully people into paying, is there still not an onus on the bank to produce any original documents ie cca agreement as after contacting the court they stated that the bank only sign a true certification and don't actually show any proof before getting a ccj enforced....

 

Don't worry about being harsh as i am here for advice.....

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