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  • #1

    Expat just discovered CCJ from 2013

    I've just discovered there is a CCJ registered in 2013 against me when applying for a new job.

    I was at the time, and had been since 2007, living and working abroad in SE Asia. The CCJ was registered against the address of a house I had owned in the UK but which had been sold six months earlier - the mortgage was with the same bank (and repaid immediately in full) so clearly they knew I didn't live there anymore!

    I've read elsewhere that a CCJ cannot be issued against a non UK resident - is this correct? And if so, can I have it removed from my record as it's prevented me from getting a new job already, it's a nightmare
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    • 1 like
  • #2
    Hi Hang on and I m sure someone more qualified than me will come to help, or you can pm one of the admin. If you read around on here theres lots of useful information to help. Seems to be a long time for a ccj to still be hanging onto you but they are a worry especially if its upsetting your career.

    Think you need more details as to who issued it , when etc... SBling
    If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

    Comment

    • #3
      You may need to PM Di Mayhew, or PlanB, she should be able to point you in the right direction x
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
      • 2 likes

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      • #4
        Originally posted by expat View Post
        I've just discovered there is a CCJ registered in 2013 against me when applying for a new job.

        I was at the time, and had been since 2007, living and working abroad in SE Asia. The CCJ was registered against the address of a house I had owned in the UK but which had been sold six months earlier - the mortgage was with the same bank (and repaid immediately in full) so clearly they knew I didn't live there anymore!

        I've read elsewhere that a CCJ cannot be issued against a non UK resident - is this correct? And if so, can I have it removed from my record as it's prevented me from getting a new job already, it's a nightmare
        From what you say you will need to make an application to set aside the CCJ but you'll need to do this promptly (ideally within 21 days of the discovery of the CCJ).

        For an application to succeed you will need to demonstrate two things. Firstly that the claim wasn't properly served (i.e. at an address where you no longer lived), and secondly that if the court did agree to set aside the CCJ would you have good prospects of defending the claim.

        A set aside simply 'undoes' the CCJ so the proceedings go back to where they were before the CCJ happened. In other words you would find yourself in a position to file a Defence etc.

        So can you tell me a bit more about the situation please.

        How much is the CCJ?

        Who is/was the Claimant and which solicitors were instructed (if any)?

        How exactly did you find out about the CCJ (turned down for a job application?) and when/what date?

        Do you recognise the disputed amount and if so who was the original creditor (assuming it was a debt which had been assigned)?

        Sorry for all the questions but it's necessary to know the facts because once there's a CCJ only a court/judge can change the status - it can't just be removed unless the Claimant is willing to consent to a set aside.

        It's not impossible but there are legal steps you'll need to take - and you need to take them fast

        Di
        • 3 likes

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        • #5
          Diana, many thanks for your comprehensive reply

          I've got the case number from the registry search but no further details other than the amount. I was going through a horrible divorce at the time, all debts were supposed to be paid from the sales from a house but in fact my ex-wife literally emptied my accounts while I was on a long haul flight (and I do mean literally, all our assets had been liquidated to split and there was zero left from >US$500k) and after nearly 2 yrs of court I got very little back. My ex wife didn't work so any cards/loans were in my name.This must date from then

          I found out around 3 months ago when I did a search myself when a job application required it (financial services) so well over your 21 days, I guess there's not much I can do but find a job which doesn't require this
          • 1 like

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          • #6
            The 21 days to lodge your set aside application with the court is the ideal, but we've just had a successful set aside where the delay was 2 years so don't feel downcast just yet

            I'll pop back later to help you form a plan of action once you've answered my questions in post # 4 in case there's some hope that the creditor will consent to a set aside.

            Di
            • 1 like

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            • #7
              Originally posted by expat View Post
              I found out around 3 months ago when I did a search myself when a job application required it (financial services) so well over your 21 days, I guess there's not much I can do but find a job which doesn't require this
              I've tried to reply to your PM but I'm suffering technical problems so maybe best to contact me by email (it's in my signature).

              Di

              Comment

              • #8
                Originally posted by expat View Post
                I found out around 3 months ago when I did a search myself when a job application required it (financial services) so well over your 21 days, I guess there's not much I can do but find a job which doesn't require this
                I've tried to reply to your PM but I'm suffering technical problems so maybe best to contact me by email (it's in my signature).

                Di

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                • #9
                  I've resent the email also - first one perhaps got lost somewhere! Thanks gain for your help, greatly appreciated

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