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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex. Just a quick question about a CCJ. The CCJ was given

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Hi Alex. Just a quick question about a CCJ.
The CCJ was given by default June 2013 by IDR finance. And settled in March 2015 (Paid to Link Outsourcing).
The original debt was with MBNA, I defaulted in 2012 due to being made redundant and the debt was sold on to as I believe Link Outsourcing. I made regular payments to Link. Last of which was January 2013. 3 weeks later I revived a letter from Link saying, 'my agreement to pay my debt has been cancelled due to non payment'.
In May 2013 I received a CCJ, not from Link, but from IDR Finance.
I am looking to get a mortgage and trying to clean up my credit file.
My credit file show the default with MBNA and Link, but to my knowledge I have never had any dealings with IDR Finance, until I received the CCJ.
Do you think I have any grounds to getting the CCJ 'Set aside'?
I did phone Link to see if they knew anything about IDR finance, apparently they act on behalf of them. This I wasn't make aware of.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When were you aware of the ccj please?
Alex
Customer: replied 1 year ago.
Sadly, I was only aware after the default judgement and began paying Link finance (again) by direct debit. I have now found the original claim form (N1) in older post, dated 6th may 2013.
Customer: replied 1 year ago.
I had no post prior to the CCJ from either Link or IDR saying I would be receiving a CCJ.
Expert:  Ash replied 1 year ago.
So when did you become aware if it? Back in 2013?
Customer: replied 1 year ago.
Yes after the default judgment in 2013. I received a letter a couple of days after from link about setting a payment plan up, which I did. I presumed the CCJ was from link, so just paid. Now, I realise the CCJ was from IDR, who I'd never had dealings with.
Expert:  Ash replied 1 year ago.
It's bad news, one of the tests if you have to act prompt. This is considered as thirty days. As its been over two years sadly you are in difficulty.
I am sorry but I have to be honest. But after 6 years any default or ccj comes off your record.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
So by law, you can't file with the courts for it to be set aside after 30 days? Specially if the claimant isn't the person who you had debt with? Surely that is an offence, no matter how long it has been?
Thanks Mike
Expert:  Ash replied 1 year ago.
You can and if will be heard. But you have to show you have a defence and you acted promptly. On anyone's account over two years isn't prompt.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes, thank you Alex. I will raise a dispute with the courts.Cheers Mike
Expert:  Ash replied 1 year ago.
Good luck. Don't forget it's form n244 and a fee of £155
Alex
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
Thank you Alex. Just a note, I did act promptly, within the 30 days to arrange payment via direct debit. Believing the CCJ was with link, who I was paying. Im disputing the fact it was IDR who issued it me.
Cheers Mike
Expert:  Ash replied 1 year ago.
But you had the notice of judgment though, this may cause an issue.
Good luck and let me know how you get on.
Alex
Customer: replied 1 year ago.
Ok. Cheers ***** ***** for your help. Mike
Expert:  Ash replied 1 year ago.
No problem. Please do remember to rate before you go
Alex
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