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CCJ nightmare

(5 Posts)
CCJNightmare Thu 13-Mar-14 18:41:29

I have (had) an excellent credit rating and have a job that would be affected I think by having a CCJ.
My mum bought a property 15 years ago and put in my name but she continued to live in it, we had a deed of trust saying she was responsible for all the bills.
She passed away at the end of 2012 and I was her executor, I contacted all the companies, utilities, council tax etc to let them know my details. The property was a flat and there is a managing agent, I told them my details. However I didn't realise that ground rent is collected by a separate company and did not contact the agent for the freeholder.
6 month after my mum died I let the property out and kept a redirection of mail going for a further period of time, the tenants said they'd pass on any post after that time. As the ground rent is only due every year and had been paid just before my mum died, no letters came in that time.

Today the tenant contacted me with a letter she opened as it was addressed to the occupier, it transpires the ground rent of fifty quid was due in October 2013 and as it has not been paid, the landlord got a CCJ in January! The tenant said a few letters had come but she'd just put them aside for me for next time I came round. I had no idea this money was due, I thoughtI had faithfully notified all possible third parties of my details when my mum passed.

As the judgment was more than 28 days ago apparently it will stay on my credit file for 6 years and the court is likely to refuse even an agreement to set the CCJ aside as the landlord did everything right (I didn't notify of my address) and the judgment was correctly obtained, apparently the solicitors have been refused consent orders in similar circumstances as an attempt to "credit whitewash" so they say there is nothing they can do to help me. My credit rating is ruined for missing a one off payment of 50 quid that was less than 3 months overdue when the judgment was obtained! The ground rent of 50 quid per year was due a year in advance so the rent period it covers hasnt even expired yet (ends Oct 2014). Please please can anyone help with any ideas of what to do now. Cross posting in legal.

CCJNightmare Thu 13-Mar-14 19:53:07

Stressy bump

Nomama Sun 16-Mar-14 15:49:31

You have nothing to lose by contacting the landlord and asking them to set it aside. CAB first though!

growingolddicustingly Tue 18-Mar-14 15:16:03

I managed to get a CCJ set aside. I rented out my flat (via a letting agent) to the tenant from hell. I gave the utility companies readings when I moved out and then the tenant did not pay his bills. The company took out a CCJ on me as I was still on their records as their customer. The tenant and LA did not forward any letters to me so I didn't know about the CCJ for 2 years!

I had to go to court but could prove that I was not liable for the bills and the utility company did not fight the case. It is always worth fighting. The fact that the CCJ was issued after only 3 months of "non payment" may go in your favour. Good luck.

Sleepyheadx Sat 22-Mar-14 09:55:57

I would suggest posting your thread on consumer action group forum you'll get some help from people who are great at just this sort of thing x

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