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Rakhi Vasavada
Rakhi Vasavada, Financial Advisor
Category: Finance
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Experience:  Attorney and Financial Expert. Have specialization in Financial Laws.Practice experience of over 13 years
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I received a CCJ that I did not know about. Now its stopping

Customer Question

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?

Submitted: 2 years ago.
Category: Finance
Expert:  Rakhi Vasavada replied 2 years ago.

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-advice


http://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-money


IF 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-judgment


The 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-rating


I 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

Customer: replied 2 years ago.

Hi Rakhi.


 


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.


 


Elton

Expert:  Rakhi Vasavada replied 2 years ago.
Dear Elton,

Hello and welcome again. Thank you for throwing more light on your situation.

I feel sorry for your situation. However, if one sees from legal angle, you cannot be absolved from your obligations, legal or otherwise, just because the person whom you entrusted with the task of keeping you informed did not do so.

While I fully agree with your situation, these to continue to remain completely different issues. The result is the CCJ that you have. What you do with the lady for her negligence is completely different issue and you will have no effect of that on your compliance with the CCJ which still remains open.

However, having said this, as I understand, you have already made this payment.

So, we need to address two issues -- One, getting CCJ set aside and two, getting this off your credit report as well.

The following link very nicely explains the process of setting aside.

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx


There will be one form, (about which you will read on the above link) needs to be filled out.

I would best advice you to seek help of local county court office OR a local attorney who would help you with the paper work. This is not at all a lengthy process.

Having once done this, your estate management company is correct that your credit report will carry all this for six years. However, once you get your judgment set aside, this too will appear on your credit report automatically.

While applying for mortgage, you should supply this documentation as well which will be considered favorably by the mortgage company.

I 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
,

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