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Credit record cleanup question (pre-BR CCJ's)
saboorsas
Posts: 3 Newbie
Hi,
Declared bankrupt: March 2007
Discharged: Sept 2007
CCJ from Dec 2004, showing as outstanding
Im in the process of getting my credit record cleaned up, ensuring that all the various pre-BR debts are showing as satisfied (as per the sticky thread).
My query relates to CCJ's.
Should they also show as satisifed in the same manner as other debts? On my credit record I have a CCJ that shows as "open" - the date of judgement was Dec 2004, so pre my bankruptcy. I was expecting that this could be shown as closed/satisifed under the basis that I was declared bankrupt in March 2007 so anything outstanding at that point would then be shown as satisfied when I am discharged - ie Sept 2007.
When I rang the small claims team in Northampton they asked me to get something in writing from the creditor to show that the debt had been satisified.
Working on that assumption I sent a letter to the creditor asking them to provide me with some for of letter to show the court that this claim should now be sown as satisifed as at Sept 2007 as that is when my bankruptcy was discharged.
They wrote back to me stating that "The court action was raised for non-payment of a business account some years before your bankruptcy and whilst we acknowledge that you are thus unable to pay the Judgement debt and that we no longer expect payment that does not satisfy the Judgement nor mean that its date should be changed."
Just really wanted some thoughts on this? I spoke to the National Debt helpline and they seemed to agree with the creditors positions to an extent but on the other hand also suggested that I speak to the credit reference agancies.
Declared bankrupt: March 2007
Discharged: Sept 2007
CCJ from Dec 2004, showing as outstanding
Im in the process of getting my credit record cleaned up, ensuring that all the various pre-BR debts are showing as satisfied (as per the sticky thread).
My query relates to CCJ's.
Should they also show as satisifed in the same manner as other debts? On my credit record I have a CCJ that shows as "open" - the date of judgement was Dec 2004, so pre my bankruptcy. I was expecting that this could be shown as closed/satisifed under the basis that I was declared bankrupt in March 2007 so anything outstanding at that point would then be shown as satisfied when I am discharged - ie Sept 2007.
When I rang the small claims team in Northampton they asked me to get something in writing from the creditor to show that the debt had been satisified.
Working on that assumption I sent a letter to the creditor asking them to provide me with some for of letter to show the court that this claim should now be sown as satisifed as at Sept 2007 as that is when my bankruptcy was discharged.
They wrote back to me stating that "The court action was raised for non-payment of a business account some years before your bankruptcy and whilst we acknowledge that you are thus unable to pay the Judgement debt and that we no longer expect payment that does not satisfy the Judgement nor mean that its date should be changed."
Just really wanted some thoughts on this? I spoke to the National Debt helpline and they seemed to agree with the creditors positions to an extent but on the other hand also suggested that I speak to the credit reference agancies.
0
Comments
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That is pretty much the the way of it.
The court needs confirmation from the creditor that a debt is settled before they will issue a certificate of satisfaction and update the Register of Judgments, Orders and Fines.
Up to the creditor whether they play ball on that.
You could try Credit Reference Agencies, but I'm pretty sure you will be told that there is nothing they can do. They report the info held on the official register, and only that. Not their problem.
But you never know.....
However, as the CCJ is before your BR date, whether it is marked as satisfied or not is pretty much irrelevant for your file. The BR order is much bigger and badder than the CCJ, and will still be there for a while once the CCJ has dropped off the record.
Personally, I don't think it's worth the grief trying to sort out unless the creditor agrees.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Great, many thanks for your advice. Will leave it. I take your point, it was more for completeness than anything else.0
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