charge on mortgage/6 yr rule/credit file please read

Mizz_Pink

Hi

I posted on here a while ago about the situation my partner is in. To cut a long story short it is as follows.

Partner defaulted on a ccj which started sept 1999.
Claimant put charge on Mortgage.
6 yr rule means debt was written off last sept, to coincide with claimant sending him a letter wanting £10k (ccj remaining was £1,800).
Today recieved Equifax and Experian report. NOT ONE MENTION OF CCJ.
Partner needs to a new mortgage to release equity to put desperate cash into his new business.

Has CCJ been written off as it isnt on credit reports ?
How else can this charge be removed? we have already tried the land registry 18 months ago.
Thanks so much

file_wizzard

Mizz_Pink wrote:

6 yr rule means debt was written off last sept,

"written off" in terms of presence on credit file, if he had ackonalged the debt by paying it ( even partially ) then it would be further 6 years before it became statute barred.

Mizz_Pink wrote:

Has CCJ been written off as it isn’t on credit reports ?
How else can this charge be removed? we have already tried the land registry 18 months ago.
Thanks so much

from the information your have given the CCJ has naturally expired from his credit files, however the charge will remain until such time as it is satisfied.

Mizz_Pink

Thanks

Our financial advisor is looking into changing his mortgage now. I dont know how the charge will affect us.

Percy_Vere

Sorry to ruin your day but the 6 year rule does not apply to a ccj, only to debt that has not been litigated on.

So the charge will remain untill he clears it either by paying it off or selling/re-mortgaging. There is no way of avoiding this at all. In fact the ccj can be re-entered onto his credit file if the lender chooses to and will remain there untill 6 years after he has cleared it.

Looks like he will have to bite the bullit and pay it off when he goes for the re-mortgage - at least that way he will avoid having it re-entered onto his credit file.

Mizz_Pink

My parents have taken this into hand now and are trying to sort it all out. My mum has been on the phone to the court and the Land Registry. She is emailing them now to get an accurate figure on what is owed against the house. It should be about £1500. From what i understand once this is paid, we then get a Certificate of Satisfaction from the court, once the Land Registry get this they will lift the charge. Its more difficult because the claimant wont respond to us apart from threatening , bullying letters. My Dad has offered to pay the debt and once we have released the equity my partner will pay him back.