CCJ Applied after bankruptcy

4$£&*(£$&*(!

I'm helping someone clear up their credit record, and much to our amazement they have a CCJ that was applied two months after their bankruptcy. The CCJ has been applied to their old address, so they never received any papers.

How is it possible a CCJ has been applied during bankruptcy, can it be enforced in any way, and what's the best possible way to get it removed? I've seen only scant info online, including a possibility a court fee could be incurred if it is to be challenged, but why should that be paid when as far as I understand the debt would have belonged to the OR at the time of CCJ being issued?

Any next steps are appreciated, it's difficult to get answers on a Saturday!

fiveyearplan

The person should send it to their Official Receiver who can deal with it. They could also contact the court who issued it and let them know the date of their BR.

4$£&*(£$&*(!

Thanks, it's a pain with it being a long weekend as since I'm doing the clean-up work this has been hanging over my head all day. I've drafted an email to the court, it's Northampton which is the bulk court I believe, and on Tuesday I will get them to phone the OR.

Hopefully there won't be any problems and it can be resolved quickly, but any practical reassurance is appreciated.

fiveyearplan

Yes, that is the main bulk clearing centre. I hope they are helpful - they certainly weren't when I contacted them about the CCJ I got after BR.

4$£&*(£$&*(!

Thank you, I take it you have direct experience of this then? How have you got on if so, and what was the end result?

fiveyearplan

I am just in the process of cleaning my credit files so I'm not sure the CCJ is even listed.

4$£&*(£$&*(!

Right, on the file I'm clearing up at the moment their entry shows under public notices, J1 is the bankruptcy, J2 is the CCJ. I've sent emails to the RTLU, Northampton County Court and the Registry Trust to notify them of the bankruptcy order and as a result the CCJ appears to have been applied incorrectly.

I'm hoping this action will be all that is needed but knowing the judiciary system as I do, I think I may have only started scratching the surface!

The only real reassurance I'm taking at the moment is it's obvious the CCJ should not have been applied as the debt had to be incurred well before the date of bankruptcy and at the moment I'm blaming HMCS for not doing their job properly - the bankruptcy file acknowledges the current address and the previous address, yet the CCJ papers were served to the previous address long after the person moved out.

All this could have been resolved at the time if the individual gov departments talked to each other, or at least did some proper record checking. As it stands I'm not too worried as I'm sure the CCJ will be removed but it's a case of how I go about it at this stage if Northampton or RTLU decide not to co-operate.

fiveyearplan

In the grand scheme of things though I'm not sure how badly the CCJ will affect the person as it should come off the same time as BR. I realise its the point of the matter though and it shouldn't be there. I'll try and remember to post on here what my credit file says when it comes through - I'm sending off on Tuesday.