Can A CCJ be cancelled

[hara]

Dear all,

You may have read some where else about this.

I have now obtained an IVA.

But as soon as I mentioned seeking IVA, American Express through their Solicitors Brachers issued court claims,and a ccj. Fortunately my IVA went through and a redetermination hearing has now been cancelled .
I would like to know if I can ask for this CCJ to be cancelled.

If so do I have to apply to the court that issued ccj?

hara

[Storm]

On what grounds do you want to apply to have the judgement set asside ?

[MelanieGiles]

Was the CCJ made before your IVA meeting or after?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[hara]

It was before,but I had asked for redetermination,which has been cancelled now,because of IVA going through.

hara

[MelanieGiles]

Am not really understanding why you are continuing to try and defeat a CCJ from a creditor who is bound by your arrangement in any case now. Please explain

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[hara]

Just a stigma of ccj to be removed,when you have to apply for remortgage.

hara.

[Oliver]

You will probably have to go through the sub prime market due to your IVA so the ccj shouldn't stop you being able to get a mortgage.

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

[iva experts]

Hi Hara,

Even if the CCJ was removed you will have your IVA on your credit file for the next 6 years anyway. It just doesn't seem worth the energy of getting it removed.

Best Regards. IVA Experts

[hara]

Thank you all for your valuable opinion.

hara.

[Keepingmyheadabovewater]

hi there the thing about a ccj is that it can damage your credit file very badley which court did it and did you attend it
have you had a credit file done

[Storm]

A CCJ doesn't damage it anymore than being in an IVA

[Keepingmyheadabovewater]

HI THERE STORM IT COSTS £50.00 TO GET RID OF A CCJ AND GOING INTO A IVA WILL MEAN DEFAULTS COMING IN ON YOUR CREDIT FILE WHILE A CCJ MEANS THAT YOU HAVE NOT PAID ANYTHING AT ALL

JOHN

[Storm]

A CCJ can only be set aside in a limited number of circumstances. Current Court Service figures show less than 5% of applications to set aside a judgement are successful.

My comment related to future credit during IVA (such as a mortgage) and post IVA credit building / repair.

Hara has entered an IVA already and therefor removal will have little if any effect (if Hara could demonstrate the requirements to make an application to the court for the judgement to be set asside)

[hara]

Dear Storm,

My arguements would be,

1) as soon as I mentioned seeking IVA American Express issued default notice,followed by court claims and ccj in double quick time.

2) they did not offer any other option like some other creditors did.

3) they have compromised (I think ) code of banking coduct,which I understand says that they have to deal with their debtors sympathetically and seek other means of recovering debts before going to court.

4) I had two american express cards but they issued court claims for only one,indicating that the sole purpose was to get a ccj.

5) Though I received demand for the other card, they did not take it further.

6) I have always been good customer but recently things became unmanagable.

7) When times were good they even offerd me a gold card at a price of I think 200 or 300 pounds charge per year.

They have been unreasonably enthusiatic in taking action,with out giving a chance for an IVA or other means of reaching an arrangement.

9) To me it appears that the whole purpose was to get a ccj.

hara

[Storm]

None of the above are grounds for having a County Court Judgement set aside.

Here are some of the reasons that might help get a judgment set aside.

Were you given notice / order to pay?

Were you living at the address when the summons and judgement took place?

If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

Did you receive the summons? They are not sent by recorded mail.

The judgement should not appear on the credit files if it was paid up within 28 days.

If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

If you did not receive any notification of the judgement/s made against you, then you can appeal.

Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?

Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?


Your points whilst very valid in respect of how you think you have been badly treated by Amex will not get the judgement removed. In our conversations you have said you are not an expert so I assume you want to engage a third party to make the application for you ?? with Application fees that will be aprox £250 for what in my view (I am not a practicing lawyer) would result in the application being denied.

One thing I will say is Amex's treatment of you is not personnal - I have always found them to be one of the more agressive persistant creditors.

Again this my personal opinion - what you say is 'unreasonably enthusiastic' would mean they would have been at the front of the Q if your IVA had been rejected.