Judgement Set Aside - it was a Capital One credit card back in 2004- now what?

[vw_golf_nutter]

hi all,

I found out about a CCJ on my credit file when I was rejected to rent a flat. I traced it and worked out they had written to a previous address and this is why I had no knowledge of it. The debt was from 2007 and for £200.

 

I went to my local court and today was told it would be set aside as I had no knowledge of it.

 

What happens now though? I didnt want to ask the judge as she looked a bit mean! lol.

She said they would serve notice again to my new address, what does this mean? Will I get an oppertunity to pay it without it going back to court?

[citizenB]

You will receive a notice from the court "General form of Order". This will be sent to both you and the claimant.

 

If you wish to repay the debt then the company may well write to you. I do not think it will be in their interest to reissue the claim to your new address.

 

If you give us some idea what the debt was for then perhaps we can offer other advice

[vw_golf_nutter]

it was a capital one credit card back in 2004 but the last time i paid something to it was 2007 but just under the 6 years so gotta pay it.

[citizenB]

I will alert the site team for you to see if they can advise whether you should approach the company or wait for them to approach you.

[vw_golf_nutter]

ok thanks, yeah i dont want them to file court proceedings again before giving me an oppertunity to pay.

[dx100uk]

can I suggest you get an SAR off to cap1

 

WHO took you to court?

 

do you know?

 

[the claimant]

 

dx

[DonkeyB]

If the CCJ was in 2007, then it will drop off your CRA file sometime soon, and the claimant will almost certainly be unable to enforce after six years. When exactly was the CCJ granted, and what is recorded on your credit file?

[vw_golf_nutter]

ok i must not be talking sense sorry,

 

the credit card was taken out in 2004, my last payment i made to it was in 2007 so not quite the 6 years ago to claims statute of limitations. The debt was sold from capital one to Arrow Global in 2011. They took me to court without me knowing and the CCJ was filed in August 2012.

I only found out about the CCJ on my file in March 2013 when I was rejected for a flat rental. I then applied to my local court for them to set aside judgement as I was not aware of the proceedings.

Today the Judge agreed to set aside judgement.

I probably do owe the £200 remaining balance on the card and Im happy to pay it but im just wondering what he procedure is now.

I presume both parties myself and the claimant arrow global will receive a letter regarding the judgement being set aside.

Do arrow global then write to me asking to pay the outstanding amount or do they file another claim and serve notice to me at my current address or what?

I just want a chance to pay before it goes to court again.

[IdaInFife]

You are back in the same position as though they hadn't issued any court papers, so for them to continue they would need to reissue the claim from the beginning to the correct address.

 

It is up to you whether you wish to pay it off and get rid of it or check to see if they are any charges / ppi or dispute mount etc by sending the sar as suggested above.