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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70720
Experience:  Over 5 years in practice
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My son has just discovered that he has a ccj from The London

Resolved Question:

My son has just discovered that he has a ccj from The London College of Law for about£5000. This is for a course he did not do and cancelled before the course start date. He now realises that the small print meant that he needed to cancel within the cooling off period . He delayed because he was waiting for the outcome of interviews but without sponsorship did not want to get into debt. He did not read mail for about three months since it went to another address. We were living in Malaysia and he spent a few months staying with friends/ family.
The ccj has now come up in a vetting check. He has now completed a graduate training scheme in finance. This discovery is devastating and threatens his entire future. We will pay the money despite the hardship it will bring but is there any way we can overturn the ccj?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume you didn't get the summons because you were away in Malaysia?
Customer: replied 3 years ago.
Since we were in Malaysia he did not have a permanent alternative address to give at this time. The letters went to his elderly grandparents and since James thought he had cancelled he did not recognise important correspondence was being sent there.
He has immediately told his employers of the situation. He was offered four jobs but chose the only one which needed re-vetting. He failed this and we do not yet know what will happen with his current job.
Expert:  Jo C. replied 3 years ago.
Thanks.
Paying off the CCJ will not remove it from his record. It will be a satisfied CCJ which is an improvement but it does not completely remove it.
The only way to get it removed is to get it set aside. One ground for doing so is that you didn't receive the summons. However, there are various problems with that in truth. The first problem will be that he doesn't really have a defence to the substantive action so its not likely that a court would agree to set this aside. The second is that they did use the last known address for him and there is case law to the effect that people should keep tabs on their post in the UK.
You can always try. The creditors may agree. If they do not then it would be difficult to remove this completely I'm afraid.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
Thanks Jo,
Would there be any point asking to see someone at the university since there were understandable reasons why he did not fully comprehend his situation. Would they be able to or likely to consider overturning the ccj if we demonstrated our promptness in dealing with it and paying the debt now we know about it?
If we did go back to court would we have to use a solicitor and how expensive would it be? We are desperately worried about him ....he has never been in debt, always worked to help with uni costs . IT is almost unbearable that his future might be ruined in this way when there was no deliberate intent. Much as we want to do everything we do not have massive funds beyond clearing the debt.
Mandy
Expert:  Jo C. replied 3 years ago.
No. Sorry.
There is no point in asking to see somebody at the University anyway. The issue is the court not the view of the University.
In any event, whether he comprehended it or not is a non issue. The question is what the contract binds him to.
You don't have to use a solicitor. You can self represent which would be cheaper.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks......not newI wanted to hear but clear and helpful.
Best wishes,
Mandy
Expert:  Jo C. replied 3 years ago.
I am sorry it cannot be more positive.
On the positive side, it will drop off automatically in 6 years from the date of judgment.
No problem and all the best.
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