I received a CCJ that I did not know about. Now its stopping me from getting a mortgage. Can I appeal against the CCj to get it removed?
Dear Friend,Here, there are TWO issues and not One that you need to take care of. As you are aware, Having a CCJ (County Court Judgment) may give you a problem when searching for a mortgage loan. High street traditional mortgage lenders are averse to any kind of risk, and people with bad credit history rarely fit the client profile they are looking for. Having said this, you say that you have a CCJ which you were not aware of. It is extremely important to note that If you receive a CCJ and don’t keep to the terms it sets out, the creditor can ask the Court to issue a Warrant of Execution. This gives a county court bailiff the power to visit your home or business to collect the money you owe – or to see whether you have goods to the value of the money you owe.The most imprtant thing you need to do is to address this, if you have arleady not done so.You can ask the court to suspend this warrant and let you pay back what you owe in instalments. If you do not attend this issue, you are living at risk of having a warrant of execution against you.The better is to consult a local attorney who would help you with this. You may refer the following in order to get some free advice if you do not want to directly approach an attorney.https://www.moneyadviceservice.org.uk/en/articles/where-to-go-to-get-free-debt-advicehttp://www.citizensadvice.org.uk/Now coming to your main question. There are number of things you can do. If you don't owe the money, you can get the judgment cancelled. https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-moneyIF you owe the money, you should pay up. Refer:https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgmentThe reason for such advice is that if you have not paid / or done the needful by appealing or getting it set aside, it will appear on your credit report and stay put for five years until you get the CCJ dispose of either by getting it set aside OR by paying up.https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-ratingI am sure this would help.You may please leave a positive rating if this helps as this is the only way we are compensated for assisting you. Alternatively, you may revert back with a reply if you need further assistance or if I have missed out on any aspect of your question.Warm Regards
Many thanks for your reply. The information was very helpful. However none of the links actually deal with my sort of case.
In more detail, the situation is this...
I moved from my property to live with my girlfriend of the time. I rented my property out to a tenant who, under the terms of our agreement, agreed to forward on any post received for me. I also gave her some stamped addressed envelopes to make sure this was as easy for her as possible.
Eventually after a few years (and several successful postal packages) I decided to move back into the flat and on my return, found a pile of post in a drawer which she had neglected to pass on.
Within this pile was a string of letters from the Estate Management company saying that I hadn't paid the Ground Rent of £385. These letters became more serious and threatened with court proceedings. Eventually they did take me to court - the letter explaining this was in this pile too - and I was given a CCJ. They also made arrangements for the outstanding balance to added to my mortgage! All of this was done without my knowledge as I had not received any of the notifications or summons. I was absolutely gutted as I had worked very hard over the past five years to make sure that my credit report was in good condition so I could get a decent mortgage product when the time came.
I contacted the Estate Management company and they said that sending the letters was all they needed to do to inform me (despite having my phone number and email address). I also contacted the court and they informed that I had to just sit it out and put up with it being on my record for 6 years. But now after two years I want to buy a house but this CCJ will seriously affect my application. I have done some internet research and apparently I should be able to get it put aside but I have no idea where to start. Surely there must be a way? I have paid the Ground Rent in full every year for the past 9 years, and this was the first one I missed out on.
Any help would be most appreciated.
Many thanks Rakhi. I'll look forward to your reply.