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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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In October 2013 I received a CCJ (claimant form) from one of

Resolved Question:

In October 2013 I received a CCJ (claimant form) from one of my creditors, with this I replied back within 14 days and payment plan was accepted ( direct debit £200 a month in five months). But this month I was going into private renting and I have been refused due to two CCJ on my account ( the other one I did not know about). From looking online about CCJ I was informed that I can only get a permeated CCJ on my credit file once I been summons to the court which I never got. I need your advice on what to do next to get both CCJ removed.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can help with this.

Customer: Hello how.
Customer: How are you gonna help me?
tdlawyer :

I can try and answer your question for you.

tdlawyer :

You get a court judgement on your credit file once the court has made an order that you pay a sum of money, which is not paid completely within 14 days. This also applies to instalment arrangements, where the court has made an order that you pay that sum.

tdlawyer :

If you made an arrangement with the claimant directly, then there is unlikely to be a court order to that effect. If you may be arrangement through the court system, by returning the form of admission, then there may be a court judgement against you.

tdlawyer :

The fact there is a C CJ suggests that the order was made.

tdlawyer :

To get this removed, you would need to set aside the underlying court judgement.

Customer: How do I do that?
tdlawyer :

In practice, the best way to do this, is to reach agreement with the claimant that the order should be set aside, and lodge a consent order with the court to that effect.

tdlawyer :

If you can reach agreement, you can both write into the court requesting the judgement to be set aside. You will have to pay a fee of £40, which is the fee for consent orders.

tdlawyer :

But that would then remove the court judgment from your file.

Customer: From the original claimant form the only response I got from the court is the agreement of settlement which only details the payment plan
Customer: Do I just contact my creditor again and get them to put it in writing?
Customer: ?
tdlawyer :

So you didn't get a Court order?

tdlawyer :

If no court order, then it's strange you a CCJ unless it's from a different case.

Customer: I was never given a court order
Customer: this is what I am confused about
tdlawyer :

It's very odd. I agree with you.

tdlawyer :

Well, you should get a copy of the order referred to in your credit file, which you can do from Registry Trust (www.trustonline.org.uk).

Customer: I was surprised when I checked my credit file
tdlawyer :

Then you know for sure what it is you need to get set aside. It's the same approach though obviously to whichever order it is.

Customer: I can understand if I been summons and I did not attend or refused to a pay penny, I know the debts are mine I do try and sort this out before it goes further but it's frustrating that creditors do not seem to communicate with you when you need help
Customer: also when I spoke to the creditor they said the account was settled on the 28th august 2013
tdlawyer :

Then why not consider approaching them for their agreement to set aside?

tdlawyer :

Can you tell me whether you're happy with the service today please?

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