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CCJ setting aside question!

CCJ setting aside question!

Postby stuck123 » Thu Jan 17, 2013 7:55 pm

Hi guys

I would be greatful if some of you peeps can adviceme on how to remove my Satisfied CCJ aside.

Situation
In a nutshell the Student loans company (SLC) were supposed to pay my tuition fees to the uni (I have letter of confirmations of eligibility from slc), which they had. But after my studies the money (tutition fees) were sent back to the SLC for some reason. An error had been made by the SLC which subsequently left me in debt with the uni.

Few years later the uni demanded a payment and subsequently I was left with a CCJ. The SLC investigated the matter and realised it was their error and as a result payed fees to the university on my behalf. I now have a satisifed CCJ.

Evidence that possibly can support my appeal:

I have missed the 'set a side' deadline which is 6 months I believe. However 2 years later from the CCJ being marked on my record, the SLC have agreed to write me a letter to explain the situation. The letter will include the dates I was promised they would pay for me (which resulted me to carry on with the studies). And dates of when they finally paid my fees due to the 'error'. This will include supporting documents , ie confirmation notifictions of promise to pay the fees and me passing the assessments for eligibility etc.

Through this I should be able to get a letter from the uni to summarise the SLC's letter and showing willingness to remove the CCJ of my a/c.

I hope someone can advice me, if this will work or not? and what else should I get included or any other advice.

regards
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Re: CCJ setting aside question!

Postby dls » Thu Jan 17, 2013 8:31 pm

I am not at all clear that an appeal is appropriate. At the time you were sued, you owed the money.

Get a letter from the university saying that the fees have been paid by the loans company and that the judgment has been satisfied.

Then start getting credit references and wherever it is still shown, get your letters placed on the record and the record amended or cleared as appropriate.

Having a CCJ can happen to anyone. If it is satisfied, it should not be a difficulty.

It will take some determination and some time, but you should be ok. Just stick at it.
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Re: CCJ setting aside question!

Postby stuck123 » Thu Jan 17, 2013 8:55 pm

thanks for your reply, I'm not entirely sure what you mean by this? Do you mean I should send the letters from the SLC and Uni to the credit reference agencies where it is showing as satisfied CCJ to include it in as a notice of correction?? But this still would mean I will have the satisfied CCJ though? :'(
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Re: CCJ setting aside question!

Postby atticus » Thu Jan 17, 2013 10:00 pm

The set aside deadline is not 6 months. It is without delay.
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Re: CCJ setting aside question!

Postby faithless » Fri Jan 18, 2013 1:45 pm

I'm afraid the OP is darting at shadows. An entry on the Register of CCJs to the effect that the creditor has forwarded a Certificate of Satisfaction takes 99% of the sting out of the CCJ. The costs in time and resources required in what is likely to be an unsuccessful attempt to reach a better situation is unlikely to be justified.

Plus, you glid very easily from '...demanded a payment...' to '...subsequently I was left with a CCJ...' How did that happen? Is it because you didn't pay attention to the demands for payment and the Court papers, or what?
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Re: CCJ setting aside question!

Postby stuck123 » Fri Jan 18, 2013 7:49 pm

Well the uni made some demands for the payments a few years ago, I contacted the SLC several times in regards to this matter! the uni isnt going to reject my application to withdraw the CCJ.

The usual rule is that the SLC will not pay any fees after 6 months of graudation! but I had an exceptional case a few years later as the the SLC had made a catalogue of errors on my application.

1) I was eligible for the fees for the academic year and they notified me of this hence i continued my final year studies. On normal cases they can withdraw their offer of paying the tuition fees up to 4months of studying (usually). This didnt happen in my case and they informed me over a year after I graduated.
2) from 3 years of studies and filling numerous application forms for tuition/ loans for 3 years , they still had my fathers name incorrect on their records up until this YEAR!!. I couldnt access any information of my records as I couldnt get my fathers name right. After the intervention of the manager I came to know that my name was also used as my fathers name! INCORRECT.

These are just a few examples of the errors on behald of the SLC.

faithless you say it takes 99% sting out of the CCJ. unfortunately I am having huge problems with it still as I cant get a mortgage from a high street lender, despite my earnings being above average atm. In addition, I have done a mortgages qualification, I only have a module to go. I have been told by the company that was potentially going to hire me, that the satsified CCJ is going to cause a problem as I wont be able to pass the fit and proper test, so hence wont be able to get on the mortgage advisor register.

So I am trying to do anything I possibly can to remove this:(
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Re: CCJ setting aside question!

Postby atticus » Sat Jan 19, 2013 9:29 am

did you post this some while ago, on a previous version of this forum? It all sounds very familiar.
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Re: CCJ setting aside question!

Postby stuck123 » Sat Jan 19, 2013 10:07 am

Sorry for any typos in adavanve I'm using my phone to reply. Yes I did actually seek advice before. I couldn't log in using my old details , neither could I find the thread. What's different now is that I can obtain letters from the parties to make my case stronger. In addition , the slc is now a centeralised version who I was dealing with , which was formly local education authority. So the info etc is much more difficult for old students to acquire. Moreover it wad much more diffi for me cus they wouldn't deal with me as I couldn't get my fathers name correct which was incorrect on their records. They've got financial records of my dad so its hard to see why they have made such a big mistake on their system.
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Re: CCJ setting aside question!

Postby dls » Sat Jan 19, 2013 10:18 am

The fundamental is that the judgment was correct. At the time of the decision, you owed the money to the plaintiff and had not paid it. The court's decision was correct.

Many many people are inconvenienced, sometimes severely, by the fact that court proceedings are public. You cannot just wipe the record because it suits you. Sorry.

This is a case for positive credit record management, and not for setting aside a CCJ.
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Re: CCJ setting aside question!

Postby stuck123 » Sat Jan 19, 2013 9:53 pm

thanks dls. I think I will just appeal to the court just incase they decide to listen to me as I am going to try to blame the SLC for their poor management of my application. on the bases They accepted to pay my tuition, then later changed it. then realised it was an error from their side and effectively paid it for me.

I know most of you guys are advising against it but It's only £70 for the appeal. so its worth a shot.

So what do you guys recommend for me to do now to get my credit file in order now in the respect of credit ref agencies. What should I say/ tell them? how can i ammend the details? etc
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