CCJ Credit File Help Required

markyboy132310

Hi Guys

I need some advice.

I have a loan from Welcome Finance, 3 years and 1 month ago they gained a CCJ judgement against me and I have been paying everymonth.

I checked my experian report for the first time on Saturday and noticed a few odd things.

The CCJ is correctly recorded on my credit file but Welcome still have open the original credit line showing the correct balance of £3106.00 but I was under the impression that when they got the CCJ they should have closed the original credit line down. To further complicate matters they have been reporting on that line for the past 3 years 1 month that I am behind by 6 payments - now this means that there are 2 credit lines for the same thing damaging my credit.

When I raised this issue with Experian, they told me that even though a CCJ has been obtained they can still report on the original line as an account. Is this really true??? do I have any grounds for irresponsible reporting as I have paid the CCJ every month.

OK so thats the main problem, now, on the original credit line a default has not been recorded, I have asked experian to check this and they say they have no default recorded I cant remember if I had one or not. If experian do not have it has it been served wrong?

I should state I have submitted a SAR but only in the last few days

Thanks in advance

Mark

PNPSUKNET

they have the ultimate prize, the CCJ

markyboy132310

Thanks I know that much but what about reporting im 6 months behind on payments every month for the last 37 months or do you just mean they have the ccj so why should they care, surely what they are doing is wrong & an admin error and not intentional the same debt is been reported twice & even if it is intentional surely the information they are providing is wrong as i have paid the ccj each month

BoGoF

You seem to think the CCJ is a 'new' credit agreement ?

In all honesty it makes no odds what's now on your file, the CCJ will stay on your credit file for 6 years even if you were to clear the debt now.

markyboy132310

No sorry you misunderstand me

the process as I understand it is... to gain a county court judgement the lender has to serve a default notice, this then marks the debt as defaulted on your credit file. This default effectively closes that line of credit & then after 6 years from the default regardless of payment status it is removed from your profile in this case i would have defaulted some time around mid to late 2006 for a jan 07 judgement which means in jan 2013 that ccj will be removed from my profile as the law is satisfied enough time has passed for me not to be judged on that incident thanks to the statute of limitations.
Now consider that a court has passed judgement and are happy for that particular debt to be removed from record after this time period...(ok bit long winded but im going somewhere)...
The original credit line has not been closed by issue of default with the countries biggest agency (ive not checked equifax or creditthingy)and reported on that I am behind in payment, no default was registered with experian therefore remains open until welcome probably at my time and expence close the line late when the ccj is satisfied, this then remains on my report a further 6 years showing by then probably hundreds of late payments visible to lenders.
At that point i am suffering what is double the lawful length of time to be judged on that debt and is therefore illegal.
Now even if they remove the credit entry from my report altogether when the ccj is satisfied you have to think that at the moment there is an active account that shows no default and 37 late payments which is unbelievably detrimental on a persons ability to gain credit on its own and their 'credit image' - ill come to that soon, (especially as experian has more traffic) then there is a public entry from the court which is again in its self hugely detrimental to the ability to gain credit but these 2 things together cause devastation it cant be right or legal
Now while the ccj isnt a new agreement it has to be treated as a new account surely because the court has imposed new terms.

& if i really wanted to go off on a tangent...As far as credit image goes because i have 2 visible marks against my name for the same thing therefore they are causing reasonable people to think worse of me and have not shown due care in record keeping which is defamation but to the letter of the law depending on your interpretations is my understanding

forgive the long windedness but maybe someone could just tell me what the deal is with the reporting on the original line of credit i dont mind paying the ccj i owe the money but i dont want to suffer as a result of an untrue reflection of circumstance then now and the future

Hax

Surely it's a true representation though as until the debt is settled the account remains in arrears?

markyboy132310

no but as no default is in place with experian surely it has either not been served or served incorrectly, besides when the repayment plan enforced by the court comes into effect you are in line with the new payment terms you cant be behind if you are complying with the new payment terms, surely the payments enforced by the court supersedes the payment terms of the original t&c's constituting a new agreement has been reached i guess and there fore to report the account as they are is not a true reflection, I am up to date with the payment plan currently in force I cant see how they can report against a payment schedule that is now defunct

Experian_company_representative

markyboy - if you were taken to court for a loan regulated by the Consumer Credit Act then you should have been served a Default Notice and the entry on your credit report should be recorded as a default, which should pre-date the CCJ. Please get in touch using the follow-up email address on my MSE user profile and we'll have another look at this for you.

James Jones

markyboy132310

Thanks James do I email the address in the Biography section the experian address?, what details would you like?

Regards

Mark