Credit clean up - CCJ post-bankruptcy

panickymum

Hello folks

I was wondering if anyone could offer some advice please. I am cleaning up my credit file but am stuck on how to deal with one item. I was declared bankrupt on 3rd October 2009 and had a CCJ hearing for a Natwest loan on October 8th 2009...this loan was therefore included in the bankruptcy.

My file shows a default for the loan amount registered within court activity. The default is not listed in my credit history. I have contacted the court who say they cannot amend my file as the debt is not satisfied although they understand it was included in the bankruptcy - they seem to have no way of declaring it settled.

I was wondering if anyone has experience of this and perhaps could advise of a way forwards?

Many thanks for reading

4$£&*(£$&*(!

The court cannot make it settled status. What you can do is get in touch with the company where the CCJ originated from, outline you was declared bankrupt, ask them therefore to please contact their legal team to arrange for the CCJ to be 'set aside' (which is legal speak for them withdrawing it).

I have experience of this with my OH, we sent a recorded delivery letter to the company once we found out who it was and it was done. We approached both the company and their solicitor in writing.

Even if it doesn't appear on your credit file you do need to get this taken off. Do you know how you ended up with it? OH was because she moved and the papers went to an old address so she had no idea until it came up on a credit check, the court awarded the CCJ by default as we made no representation.

fermi

The court is technically correct in what they say. Marking CCJs as settled doesn't work the same as defaults on your credit files. For CCJs you actually need to have paid the debt before they will do that.

However, as said, given those dates the CCJ should never have been made in the first place.

So you need to contact people to tell them that the CCJ should never have been made, and as such it should be removed completely.

The court should be able to do that for you on receipt of proof of your bankruptcy. I say "should", as occasionally courts seem to be awkward and uncooperative and say they can't do it easily. They can as others here have had it sorted like that, but some insist they can't.

So as suggested it may be an idea to contact the creditor or their solicitors as well.

You should also inform your OR that a CCJ was made, and occasionally they will lend assistance in getting it taken off.

If all else fails than you could use the formal CCJ "set aside" procedure, but that needs forms to be filled in and a possible £75 fee.

neil277

panickymum wrote: »

Hello folks

I was wondering if anyone could offer some advice please. I am cleaning up my credit file but am stuck on how to deal with one item. I was declared bankrupt on 3rd October 2009 and had a CCJ hearing for a Natwest loan on October 8th 2009...this loan was therefore included in the bankruptcy.

My file shows a default for the loan amount registered within court activity. The default is not listed in my credit history. I have contacted the court who say they cannot amend my file as the debt is not satisfied although they understand it was included in the bankruptcy - they seem to have no way of declaring it settled.

I was wondering if anyone has experience of this and perhaps could advise of a way forwards?

Many thanks for reading

If you were declared bankrupt you will have to wait 6 years, i would not worry about the ccj, your credit file is shot

Thanks

Neil

neil277

fermi wrote: »

The court is technically correct in what they say. Marking CCJs as settled doesn't work the same as defaults on your credit files. For CCJs you actually need to have paid the debt before they will do that.

However, as said, given those dates the CCJ should never have been made in the first place.

So you need to contact people to tell them that the CCJ should never have been made, and as such it should be removed completely.

The court should be able to do that for you on receipt of proof of your bankruptcy. I say "should", as occasionally courts seem to be awkward and uncooperative and say they can't do it easily. They can as others here have had it sorted like that, but some insist they can't.

So as suggested it may be an idea to contact the creditor or their solicitors as well.

You should also inform your OR that a CCJ was made, and occasionally they will lend assistance in getting it taken off.

If all else fails than you could use the formal CCJ "set aside" procedure, but that needs forms to be filled in and a possible £75 fee.

Once BR the OR will find out anyway, he would know this persons life story.

fermi

neil277 wrote: »

Once BR the OR will find out anyway, he would know this persons life story.

No they wouldn't.

Neither the person's "life story", or be automatically notified of the CCJ.

fermi

neil277 wrote: »

If you were declared bankrupt you will have to wait 6 years, i would not worry about the ccj, your credit file is shot

No you don't. You can get the CCJ removed if it should never have been made in the first place.

The OP's credit record may be "shot", but you certainly don't want an invalid CCJ against you regardless. If on a matter of principle if nothing else.

Perhaps not worth going to excessive efforts to do, which is why I suggested contacting the court, OR, and creditor to see if it can be removed with minimal effort.

panickymum

Dear all

Many thanks for the useful replies. I did send the court my proof of bankruptcy but as you say Fermi, perhaps they are one of the ones being awkward! I shall do as you suggest contact the original lender and the solicitor and give the OR a call. The CCJ shouldn't have been made but I guess the date was so soon after the bankruptcy it was just a timing thing.

Thanks again!

fermi

Well, I know some court will do it, as people here have had it done. There are also court staff who frequent the boards who have confirmed it as well in the past.

Let us know how you get on.

fiveyearplan

I had 3 CCJs post bankruptcy - For all 3 I wrote the to court and creditors to have it removed. One court automatically removed it for me, one creditor had it removed and am still dealing with the 3rd, it seems neither creditor (Barclays) can understand what I'm trying to do and the court says they can't do it - funny it was the same court who removed the first one!

fiveyearplan

fermi wrote: »

Well, I know some court will do it, as people here have had it done. There are also court staff who frequent the boards who have confirmed it as well in the past.

Let us know how you get on.

I'm one of the people who have successfully had a CCJ removed by the court.