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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Alex My daughter has a problem with a CCJ against her £1500 approx., fr

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Hello Alex
My daughter has a problem with a CCJ against her for about £1500 approx., from a car lease agreement she had. all payments where made, she used to live with us her parents. the agreement was at our house my daughter moved in with her boyfriend and forgot to change the address about a year later we moved ourselves and the car was due to be returned (end of the agreement) about two or three weeks after we moved. The car was collected from our new address which I have the collection receipt for, and we heard nothing further. This was all about three years ago. My daughter was looking into getting a mortgage this is how she became aware of the CCJ. And it has come from the car she spoke to the solicitors who handled it but they just said the case is closed. The really annoying thing is with a bit of effort they could have located our house or my daughters which in turn we could have sorted any problems without the need for the CCJ How can we get rid of the CCJ and do we have
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the date of the CCJ please?
Customer: replied 1 year ago.
Everything I know about the CCJThe case number: 3YK65568.Claim made on: 08/04/2014Judgement made on: 09/05/2013Court Name: Northampton CCMCCAmount: £1,492‘Unsatisfied judgement’Costs £155 to have the judgement set aside?The Solicitors who made application: Shakespeare Martineau
Tel: 0121(###) ###-####
REF: 185242.144.JDZNames I have been given at the solicitors: Kiri Smart / Grace Strawford. Neither have ever call me back. Receptionist always says that the file is closed there end.Lombard Vehicle Management has apparently been taken over by Hitachi?Lombard Vehicle Management 0870(###) ###-####7 Brinley Place
Birmingham
B1 2TZI did call that number once back in July but I didn’t get far.
Expert:  Jo C. replied 1 year ago.
Ok. Too late to pay it off then.
Did she get the summons?
Customer: replied 1 year ago.
NO! summons no one heard anything until she applied for the mortgage?
She was told that if she paid the amount owed and the £155.00 it would be removed! is this not the case?
if it is how long would it take to remove?
Customer: replied 1 year ago.
Can we do anything about this CCJ?
Can it be removed in any way?
If it cannot be removed how long is it on your file for?
Can we hold any one too account for putting this CCJ in place?
Expert:  Jo C. replied 1 year ago.
No, it is not the case.
She can make an application to set it aside for £155.00 but it is nothing like guaranteed. She does have an argument on the point because she didn't get the summons but then a Judge would consider whether or not the money is owed and therefore whether there is any point.
That is her only chance to get it set aside.
She can pay in full. That will not remove it but at least it will be marked satisfied which does generally improve a credit score hugely although not completely.
This is quite recent so it is probably worth pursuing all options though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Paying the full amount would show satisfied on credit sore but is still not very good.
Paying to have it set aside what does this actually mean?
Paying a solicitor to pursue a judgement to have the CCJ removed (approx. cost)?
What in your opinion is the best way forward?
Customer: replied 1 year ago.
Can you please answer my last questions
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Satisfied judgments do still impact on credit but it is better than unsatisfied ones.
There is no point really in paying a solicitor to try to get it set aside. It will be expensive which you could use to pay the debt instead and actually will achieve nothing that you cannot do. It is not very heavily law based.
Customer: replied 1 year ago.
Thank you for getting back,
Nothing I can do but pay the outstanding sum?
What does setting aside mean?
and if I pay the sum, and pay to set it aside, will this be removed from her credit file?
Expert:  Jo C. replied 1 year ago.
Yes, you can apply to get it set aside. Nobody can guarantee it but you can apply. The trouble is that even if she didn't get the summons, she knew she had a debt and wasn't paying it and it wasn't going to go away.
If you pay the sum then you can have it marked satisfied.
If you get it set aside and then pay then it will not show as a CCJ but they may add a default.
Also, it is not really for you to be paying it. Ultimately you didn't create this debt or this situation.
Customer: replied 1 year ago.
That was my first point nobody knew there was a debt whatsoever until she applied for a mortgage?
So do we have any come back on the people who placed the CCJ.
Expert:  Jo C. replied 1 year ago.
Not on this basis.
They have a CCJ and are entitled to register it.
Customer: replied 1 year ago.
If we go to the solicitors who dealt with the CCJ to try to have it set aside and pay the outstanding amounts do you think this would be more successful in trying to get it set aside? and would have the best outcome.
Expert:  Jo C. replied 1 year ago.
No.
There is no point really in paying a solicitor to try to get it set aside. It will be expensive which you could use to pay the debt instead and actually will achieve nothing that you cannot do. It is not very heavily law based.
Customer: replied 1 year ago.
I do not understand what "set aside" means, can you please explain?
Expert:  Jo C. replied 1 year ago.
Set aside the judgment.
Remove the judgment allowing them to reissue.
Customer: replied 1 year ago.
So if you ask for it to be "set aside" for them to reissue it would this give you time to settle the debt?
Expert:  Jo C. replied 1 year ago.
Yes, but they could add a default.
That is a lot better than a CCJ though.
Customer: replied 1 year ago.
I think that is what we will do. thank you for all your advise.Regards James.
Expert:  Jo C. replied 1 year ago.
No problem
All the best.
Jo C., Barrister
Category: Law
Satisfied Customers: 70013
Experience: Over 5 years in practice
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