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Lawyer21, CILEx Lawyer
Category: Law
Satisfied Customers: 2329
Experience:  CILEx Lawyer
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Thank you for working on a Sunday. My wife has a CCJ against

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Hello, thank you for working on a Sunday. My wife has a CCJ against her for 483 pounds on 02/01/2020. It relates to a parking fine for parking in a private car park in 2018. We lived in the flats associated with the car park, but had forgotten to display the parking permit. We appealed at the time to the car park enforcers, but they rejected the appeal. We then moved out of the flat and let it to tenants. The tenants did not forward any mail and we sold the flat in November. The new owners have sent us a notice of County Court proceedings, but we were away at Christmas and the judgement was made before we even knew about it. We are applying for a mortgage very soon and we cannot have this CCJ visible. Our question is: if we pay the judgement amount now, will it be visible on my wife's credit record, or, from reading the CCJ website (Northampton County Court) there seems to be an option of Set Aside for a payment of 255pounds. Which option would be most likely to remove the CCJ?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: None
JA: Have they talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Only other thing that is relevant is that they misspelled my wife's name (Kurneva instead of Korneva) as it is misspelled on the Car Registration document. Also, my wife is a permanent resident of UK and hoped to apply for a passport this year and we do not want any judgements against her to affect her application.

Hi How can I help?

You would need to prove that the CCJ is not in your wife's name. The fact that you did not receive the post - there was tenants and then you sold the property is not a defence. However, you should write/complain to Credit Reference Agency that has her CCJ and if you feel it was an error and have proof of this -they can remove this.

If not you must pay and also can apply to set aside the Judgement - form N244 can be obtained from the court. This is the way to get this removed and can then apply for the proposed mortgage otherwise it will be in place for 6 years.

In terms of the passport - she is not applying for Credit. This should be renewed.

I hope this information has been helpful -I would be grateful if you could kindly give me a positive rating by clicking above and press submit - thank you

Customer: replied 6 months ago.
Thank you. I do not understand what you mean by the Credit reference Agency. I thought her CCJ was on a public site. Any Credit Reference Agency can access that entry. So far we have not applied for the mortgage, so no agency has seen the CCJ yet. If we just pay the fine from the court, will it be removed and not visible to a credit agency?
Customer: replied 6 months ago.
Thanks for your help. no need to phone.

I would be grateful I you could give me a positive rating by clicking on the above and press submit - I would really appreciate it - many thanks

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