CCJ I wasn't aware of

Claree__x · 17 April 2015 at 8:52AM

I ran up about £11k debts when I was 18/19 (I know, I know) and have since completed a Scottish trust deed which was discharged in 2013 (started December 2010) so have begun the process of sorting my credit file as things start to drop off (yay).

I've noticed on my noddle file (but not the other 2, bizarrely) a CCJ that I had no knowledge of whatsoever. Now, I'm not denying I owed them money - I'm not sure who the creditor is but that's neither here nor there, I probably owed them it) but surely I should have had some paperwork/acknowledgement of it going to court and/or being decided?

The only addresses that I've lived at still have family there so there's no way that I could have missed a letter/letters.

As I said, I have no issue with owning up to the debt but I'm just concerned that a CCJ is more serious than a default and could prevent a future mortgage? Or when it's dropped off the file is that it unless they specifically ask?

fermi · 17 April 2015 at 8:58AM

Would the original debt for this pre-date the start of the trust deed? And when was the CCJ granted?

1st step would be to contact the court to find out who it was for I would think. Then can try to see what and if anything can be done about it.

Most mortgage lenders will ask if you have been in an IVA/trust deed or similar, so that could be a bigger issue than a CCj if not too recent.

Claree__x · 17 April 2015 at 9:00AM

fermi wrote: »

Would the original debt for this pre-date the start of the trust deed? And when was the CCJ granted?

1st step would be to contact the court to find out who it was for I would think. Then can try to see what and if anything can be done about it.

The original debt would certainly predate the trust deed but I need to double check whether the date of the CCJ does or not.

I'll try to contact the court today.

fermi · 17 April 2015 at 9:04AM

Not that hot on Scottish insolvency, but a quick Google suggests that any debt not listed in the TD should be covered by it, as long as it existed back then. If that is true then a any CCJ later that the start of the TD itself may be unchallengeable.

Probably best to contact your TD company if it seems that could be so, to see what they say.

And probably give somewhere like National Debtline Scotland https://www.nationaldebtline.org/S/Pages/default.aspx a call to get a separate independent opinion, as companies do often try to brush you off when it's an old IVA/TD, since they can't be bothered and there is no longer profit in old cases.

Claree__x · 17 April 2015 at 9:11AM

I'm sure that the debt was covered by the trust deed 'cause it existed prior - so I know there's no debt to pay as such, I'm just concerned about the effect of a CCJ on my credit file.

As I said, though, I was stupid and did run up the debt, so if the CCJ is valid and they've followed the procedures I'll just have to suck it up. It's just a bit of a surprise since I've heard nothing of it.

fermi · 17 April 2015 at 9:15AM

Is the date of the CCJ or decree before or after the start of your TD then?

If after, you might be able to challenge it and have it removed. as would not have been granted if the court had known of the TD.

If before, then the TD will be on your report longer and is worse, so the CCJ is mostly neither here nor there.

Claree__x · 17 April 2015 at 9:22AM

fermi wrote: »

Is the date of the CCJ or decree before or after the start of your TD then?

If after, you might be able to challenge it and have it removed. as would not have been granted if the court had known of the TD.

If before, then the TD will be on your report longer and is worse, so the CCJ is mostly neither here nor there.

That's what I was thinking. Thanks for your reassurance.

Claree__x · 17 April 2015 at 10:31AM

I called the court and I'm now more confused than ever!

Apparently papers were served to my mum's address on 10/12/09. I requested time to pay at £23.38/month on 17/12/09. It went to court on 15/01/10 and my time to pay was accepted.

In December '10 I started my trust deed. I presume then that this would all be included in the trust deed? The CCJ is still showing as "active" on my credit file, is this correct? If not, who should I contact regarding this - the pursuers? Their solicitors? The court gave me info of both.

fermi · 17 April 2015 at 10:40AM

Should be covered by the TD, yes.

The Trust deed itself will be on your credit file longer than the CCJ or decree then. The impact of the TD is far greater than an unsettled CCJ/decree, and will be there longer, so in terms of your credit file it's not really important.

Not 100% sure if the same in Scotland, but I know in England/Wales you can only have a CCJ marked as settled or satisfied if you do actually pay it in full. Inclusion in something like an IVA/TD etc doesn't count, so they just get left marked as they are until they drop off.

Can try to chase it up if you like, but to my mind there doesn't seem much point.

Claree__x · 17 April 2015 at 10:44AM

fermi wrote: »

Should be covered by the TD, yes.

The Trust deed itself will be on your credit file longer than the CCJ or decree then. The impact of the TD is far greater than an unsettled CCJ/decree, and will be there longer, so in terms of your credit file it's not really important.

Not 100% sure if the same in Scotland, but I know in England/Wales you can only have a CCJ marked as settled ort satisfied id you do actually pay it in full. Inclusion in something like an IVA/TD etc doesn't count, so they just get left marked as they are until they drop off.

Can try to chase it up if you like, but to my mind there doesn't seem much point.

Sorted then - case closed

Thanks for all of your help.

fermi · 17 April 2015 at 11:01AM

Good.

I suppose the only danger might be them starting to chase it if they don't know about the TD, but that may be a bridge you don't need to cross.

CCJ I wasn't aware of

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