23 May 2015

A question about : CCJ With Incorrect Amount

Hello,

My wife found that she had a CCJ that she didn't know about when checking her credit file for the first time this year. The CCJ was more than 5 years old.

After investigating, we discovered that the CCJ was for fees for a course that she had registered for and ended soon after starting. The fees were for the amount of time between enrollment and quitting the course.

Because the university took so long time to get back to us I paid to have a print out of all files the university held on my wife. After checking I discovered that the amount that they were asking for was incorrect because they were calculating from incorrect dates. They investigated and have now confirmed that the amount requested on the CCJ was incorrect and they have given us a new amount which is about Ј1500 less than what the CCJ requires.

We are ready now to pay the money that is owed.

However, I want to know, can I have the CCJ set aside? & would it be a good idea to do this.

The reasoning is, that the CCJ was never correct, so (I've no legal education) presumably it should no longer stand? Also, the court decides the amount that is owed, the university has admitted that the amount is incorrect and an overcharge, how can the university unilaterally decide what the amount to be paid is now? They have requested the course payment, plus interest, plus legal fees; but my understanding is that the course decided the interest and legal fees dependent on the original claim?

The 6 years since the CCJ was first recorded have almost passed but if I can have it set aside then we will be in a better position i believe to get a mortgage in the near future as (I believe) there are many questions about whether you have / have not had CCJs in the past that we would have to answer honestly.

Thanks in advance for any information / advice you can give.

Best answers:

  • It drops off your credit record after 6 years whether paid or not so I wouldn't worry about getting it set aside. It'll drop off soon enough. Personally after all this time with no further enforcement action taken I wouldn't even bother paying it at all and just let it drop off unpaid.
  • If they have not enforced it within 6 years, they would need to go back to court a get a judge to ok it, its likely the judge would throw it out, as he/she would assume 6 years is sufficient time to enforce the CCJ.
  • And if they do take it back to court, that is the point at which you whammy them with the incorrect calculated amounts.
  • Hi All,
    Thanks for replying. The point here is that the mortgage application forms we may need to complete in the near future will (others on this forum have told me) ask us questions about CCJs that we will be obliged to answer truthfully, and the 6 year time limit is irrelevant in regards to the truthfulness of the answers.
    It seems to me that if we have the CCJ set aside, then we can honestly answer that my wife has never had a CCJ, since this one would have been invalid due to the amount claimed being incorrect.
    (My assumption here is that there will be questions on the mortgage application forms about former CCJs and that we do have to truthfully answer them even if the 6 years has passed. Please let me know if this assumption is wrong.)
    Thanks for your replies and for any others that are given, I really appreciate it.
  • Hi Zhanmusi
    Quote:
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