Hey everyone, I just found out I have a CCJ from a supposed Capital One debt back in 2010. Thing is, my account’s been in good standing since 2009. I moved three years ago and had no clue about this until I checked my credit file after being denied credit. I tried sorting it with the claimant’s solicitor, but they weren’t helpful. Ended up applying to set aside the CCJ, costing me £255. At the hearing, the judge gave them 14 days to prove the debt, but they just discontinued the claim on the last day. Now they’re refusing to cover my costs, saying the hearing could’ve been avoided and that since it was on the small claims track, they don’t owe me anything. Is this right? Can I do anything about it? The CCJ’s gone now, but it messed up my credit, led to a reduced credit limit, and I was refused car finance. Plus, they kept sending stuff to my old address, causing me a lot of embarrassment.
Wow, that’s rough. Did you get any legal advice before applying to set aside the CCJ?
Kingsley said:
Wow, that’s rough. Did you get any legal advice before applying to set aside the CCJ?
Hey DEF, yeah, I did some research and felt it was the right move since I had no idea about the CCJ until recently.
@Wei
Makes sense. Did the judge say anything about your chances of getting the costs back?
Marley said:
@Wei
Makes sense. Did the judge say anything about your chances of getting the costs back?
Not really, GHI. The judge just set a provisional second hearing date, but since they discontinued, I didn’t get to submit a defense or claim costs.
I’ve heard that if a claimant discontinues, they might be liable for costs. Maybe check the Civil Procedure Rules?
Parker said:
I’ve heard that if a claimant discontinues, they might be liable for costs. Maybe check the Civil Procedure Rules?
Yeah, JKL’s right. I think it’s under CPR 38. You could argue that you incurred unnecessary costs due to their actions.
@Aki
Thanks, MNO. I did submit a letter and my costs to the court under CPR 38, as the judge and court manager advised. The claimant’s solicitor is still refusing to pay, though.
Wei said:
@Aki
Thanks, MNO. I did submit a letter and my costs to the court under CPR 38, as the judge and court manager advised. The claimant’s solicitor is still refusing to pay, though.
That’s frustrating. Maybe it’s time to get formal legal advice? A solicitor could help you navigate this.
Just to clarify, what’s a CCJ?
Ash said:
Just to clarify, what’s a CCJ?
It’s a County Court Judgment. Basically, it’s a court order in the UK that can be registered against you if you fail to repay money you owe.
@Dolph
Got it, thanks VWX. That sounds serious.
This is why it’s so important to keep your address updated with creditors. Not blaming you, but it can prevent issues like this.
Jaden said:
This is why it’s so important to keep your address updated with creditors. Not blaming you, but it can prevent issues like this.
Totally agree, YZA. Lesson learned the hard way.