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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Good day. My name is***** enquired about a mortgage

Resolved Question:

Good day. My name is***** enquired about a mortgage with Halifax yesterday. They did a credit report and I was flagged on their system for a CCJ at a previous address I was living. I left that address end of November 2012. I had my post redirected for 6 months when I moved back to my parents. I had nothing come through the post in that time. I went back to my previous address to see if there were any post for me but nothing. Now yesterday in 2014 the credit report said I had a CCJ of an unpaid payment of 165 pounds and this payment was linked to my old address. I am just bewildered to what it could be and why. I paid all my bills before I left, council tax, water gas& electric, but it has taken all his time for me to know this and through a credit report. What shall I do now? This will now affect me when I get a mortgage? Thank you for your time. Regards Jonathan
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello Jonathan. Thank you to your question. My name is***** should be able to assist with this.

tdlawyer :

You should be able to obtain a copy of the judgement against you, by contacting the Trust that records the details. They have a wesbite you can here which will take you through the process to do this: http://www.trustonline.org.uk/

tdlawyer :

Technically, under the court rules, it is possible to serve court proceedings at somebody's last known address. However, in order to do this, the person must have made reasonable enquiries in order to locate you at your current address, and have failed.

tdlawyer :

Whether that has happened in this case is not clear, and you will not know until you find out who has the judgement, and get a copy of any court proceedings. However, if it was inappropriate to serve you (because reasonable enquiries were not made), you may be able to get the judgement creditor to agree to set aside the court judgement. The Court would set aside if it was satisfied that proceedings had been wrongfully served at your old address.

tdlawyer :

Therefore, many financial institutions would simply agree to set aside the order if they realised that they had served it wrongly. Because, if you applied,and the court agreed with you, any judgement creditor that wrongly served the paperwork might be ordered to pay your costs. The advantage of the judgement being set aside like this, is that it will be removed fully from your credit file and it will be like it never happened.

tdlawyer :

If you do need to apply to the court set aside the judgement, then you would do it using form N244 (http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf). However, before doing that, you should always try and speak to the judgement creditor to resolve this.

Customer:

Hi thanks. I have been to that site previously, paid to view the details, but all it has given me was my last address with curt case reference and that's it. do I have to go to court to settle this? This is in Northampton and I am in dorset. Surely they would have picked one closer to where I am? How can I view who the judgment creditor is? It was only 165 pounds and If I do owe it to something I overlooked I would have paid it straight away. Thanks again. Jonathan.

tdlawyer :

You should not need to go to court to resolve this, so long as you have the agreement of the judgement creditor.

tdlawyer :

If you do not have that agreement, then it is likely that the court will wish to call the hearing to consider whether the judgement should be set aside.

tdlawyer :

The only way you will know who the judgement creditor is, is by obtaining copies of the records relating to you from the trust registry.

tdlawyer :

What you will need to do, is use the reference given to you by the trust, and contact the local court concerned, provide them the court claim number, and ask for copies of any judgment and pleadings.

Customer:

Ok so I will ring the trustonline tomorrow for the records regarding the judgment creditor, then once I have obtained it then contact court with my case number ***** copies of judgment and pleadings. I definitely do not have any agreements from the judgement creditor.

tdlawyer :

No, you don't have agreement at the moment, but ideally, you would like to get that so as to get the judgement set aside with their consent and pay them off at the same time. Everybody wins, and you can deal with very quickly that way.

Customer:

That's some good news. I have just viewed my report from trustonline the status states unsatisfied judgement. Is this because I haven't paid yet or the court thinks its an unsatisfactory judgement?

tdlawyer :

Simply because it has not been paid. But if the judgement is set aside, it will be removed completely.

tdlawyer :

Does this answer your question today?

tdlawyer :

Can I just check that you're happy with the service so far please?

Customer:

Yes I am happy with the service so far thanks. It is helping a great deal.

Customer:

So one last question please. If I find something I have overlooked and forgot to pay. So I pay it. That will still remain on my credit history?

tdlawyer :

No. It's about service of the court proceedings. It's that which determines now whether you get this set aside. Otherwise, if you forgot to pay and it's proper service, then you would just pay it and your credit file would be maked "satisfied", but it would still show on your file.

tdlawyer :

Is there anything else you need? I have to go shortly.

tdlawyer :

I have to go now - is there anything more I can answer for you?

tdlawyer :

Please remember to rate the answer for me before leaving. Thank you!

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