CCJ - 6 year limit and out of the country - set aside

[Benson98]

Good evening everyone,

 

I have a CCJ for a debt that has a default date of Sept 2011.

 

The CCJ date is March 2015.

 

I understand that the CCJ will remain on file for 6 years.

 

However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel/survive. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.

 

If I wait a month and if this is successful, will the debt be too old and drop off my file?

 

I have had other debts removed from my file as I had no contact with them for over 6 years. Honestly, I'm a little giddy, I can't believe it.

 

 

Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again.

 

So there are two outcomes? If the court upholds the judgement I have to pay the debt.

 

If the court sets the judgement aside will the limit have passed and the debt removed from my file?

 

Your thoughts and advice please warmly appreciated.

 

B

[Andyorch]

Try not to mix default dates and CCJ dates......yes the default will fall off your CRAs in Sept 2017..the CCJ wont unless its paid within 28 days of the judgment date or you set a side the judgment and defend the claim..otherwise that will also show until March 2021...6 years.

 

Before you consider trying to set a side...did you inform them of change of address/country ?

 

Have you got a valid defence to offer with your set a side application which will cost you £255 unless your exempt from court fees because of being benefits.

 

Regards

 

Andy

[Benson98]

Hi Andy and thanks for the late night reply,

 

 

Yes, I understand that these are two different dates.

 

 

I think there was one change of address but that was only a temporary one. So, I don't think it will be easy to defend. However, I am looking to see if it is possible.

 

 

I would have to pay the fee.

 

 

Thanks

[Andyorch]

And two different markers on your credit register files

[Benson98]

Do you mean that the default date will expire next month then be removed.

And then the CCJ will be removed after 6 years from it's date in 2021.

 

As they are two different things

do you mean that the default date will expire next month then be removed.

And then the CCJ will be removed after 6 years from it's date in 2021?

 

Ideally I want to have the CCJ set aside.

If I can't then I will try to pay it.

I want to come back to England and need to clean my credit history.

 

 

This all happened because I applied to open a bank account and got rejected - not even to get credit.

My work options are limited when we Brexit, not knowing what will happen.

 

I've read several posts where people have moved abroad and requested to have a judgement set aside.

Some with success even if they had no proof they informed the creditor they had moved.

They say that some creditors like to ignore it.

The person would say that they did tell them they were going abroad by calling or going into a branch. Er.. as I did.

 

As the debt is substantial my thinking was another £255 wasn't going to make much difference. The total is around £5k.

 

I did send prove it letters in 2013.

They never replied with the correct things.

The debt was with Cahoot.

 

 

As I never got the correct info back I never followed it up and probably went off to my next job abroad

[Andyorch]

You will require 3 main points to set a side......

 

Make the application promptly ......CCJ dated March 2015..so already 2 years and 6 months old.

 

Prove that you informed the creditor of change of address/country...as last previous known address is deemed legal service of the court claim pack

 

And lastly and most importantly....a defence to the claim...no point setting it a side (which starts the claim again to allow you to defend) if you have not got a defence.

 

" Do you mean that the default date will expire next month then be removed. And then the CCJ will be removed after 6 yearsicon from it's date in 2021.

 

As they are two different things do you mean that the default date will expire next month then be removed. And then the CCJ will be removed after 6 years from it's date in 2021?"

Correct.........the CCJ will also show on the CCJ Register.

 

https://www.trustonline.org.uk/understand-judgments-fines/entries-on-the-england-and-wales-register/ccjs-and-the-register