So, I found out Cabot got a CCJ against me for a supposed Capital One debt from 2010. Thing is, my Capital One account’s been solid since 2009. Moved three years back, so I missed the CCJ until I checked my credit report after a credit denial. Contacted their solicitor, but they just wanted payment and ignored my request to remove the CCJ. Applied to set it aside (£255 fee), and at the hearing, the judge gave them 14 days to prove the debt. On the last day, they discontinued. 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, I can’t claim costs. Is this legit? Can I do anything about it? The CCJ’s gone now, but it messed up my credit, got my card limit reduced, and I was denied car finance. Plus, they kept sending stuff to my old address, causing major embarrassment with my in-laws.
Wow, that’s rough. I had a similar issue with a surprise CCJ. Ended up paying the set-aside fee too. Did you get any legal advice on this?
Neely said:
Wow, that’s rough. I had a similar issue with a surprise CCJ. Ended up paying the set-aside fee too. Did you get any legal advice on this?
Yeah, spoke to a solicitor briefly. They said small claims track usually means each party bears their own costs, but it still feels unfair.
@Jamie
True, in small claims, getting costs covered is rare. But if the claimant acted unreasonably, you might have a shot. Maybe worth pushing back?
Wait, what’s a CCJ?
Ashton said:
Wait, what’s a CCJ?
It’s a County Court Judgment. Basically, a court order in the UK for debt repayment. Can mess up your credit score big time.
They sent stuff to your old address even after knowing you moved? That sounds like a breach of data protection laws.
Vega said:
They sent stuff to your old address even after knowing you moved? That sounds like a breach of data protection laws.
Yeah, it was super frustrating. I updated my address with them, but they kept sending to the old one.
@Jamie
Might be worth filing a complaint with the Information Commissioner’s Office (ICO). They take data breaches seriously.
I think under CPR 38.6, if a claimant discontinues, they’re usually liable for the defendant’s costs. Maybe look into that?
Kiran said:
I think under CPR 38.6, if a claimant discontinues, they’re usually liable for the defendant’s costs. Maybe look into that?
But isn’t that only for cases outside the small claims track? Not sure it applies here.
@Adi
Good point. I read somewhere that small claims have different rules regarding costs. It’s all so confusing.
This is why I regularly check my credit report. Caught a mistake once before it became a CCJ.
Thayer said:
This is why I regularly check my credit report. Caught a mistake once before it became a CCJ.
Same here. Set up alerts now to catch any weird activity early.