CCJ Satisfied by Bankruptcy??

lineout

Hello, im a bit confused and wonder if someone could help me out. I volountarily filed for bankruptcy in August 2009 and was granted early discharge in May 2010, and have just finished paying my Bankruptcy Repayment Agreement. :beer:

I have applied for a job that required a credit check, this has been carried out and a CCJ that was passed in July 2009 from pre bankruptcy debt apparently still shows as active on my credit records so im not able to pass the credit check to the level required.

Should this CCJ have been considered satisfied when discharged from bankruptcy / or BRA had finished being repayed? Or is there something i need to do seperately to have this registered satisfied and get a certificate of saticsfaction for my prospective employer?

They currently say they cant offer me a post until I have provided a certificate of satisfaction for the CCJ, will I actually get one or will the bankruptcy certificate of dischrge suffice?

Hope this makes sense and hope someone can help.

PippaGirl_2

Hello lineout.

Have you cleaned up your credit files? If not, everything you need to know about how to is in this thread which is a sticky at the top of the forum.

lineout wrote: »

Should this CCJ have been considered satisfied when discharged from bankruptcy yes BR trumps anything from before / or BRA had finished being repayed? Do you mean IPA? Or is there something i need to do seperately to have this registered satisfied and get a certificate of saticsfaction for my prospective employer? See cleaning up your credit files in my comment above.

They currently say they cant offer me a post until I have provided a certificate of satisfaction for the CCJ, will I actually get one or will the bankruptcy certificate of dischrge suffice? Cleaning up your credit files will show the most recent thing as the BR as discharged and anything before will show as satisfied or partially settled.

fermi

Usually the only way to have the CCJ marked as satisfied is to inform the court and perhaps apply for a certificate of satisfaction. They then update the registry trust, who are the people who report the official status of CCJs on their register.

That is where people often come up against a dead end on this. The courts don't operate to the ICO's rules or guidelines. How and when the mark a judgement as "satisfied" is set down in separate legislation.

The Register of Judgments, Orders and Fines Regulations 2005

This states that:

"Where it comes to the attention of the appropriate officer that the debt has been satisfied more than one month from the date of the judgment, that officer shall send a request to the Registrar to endorse the entry as to the satisfaction of the debt."

However, it also defines "satisfied" for the above as:

"“satisfied”, in relation to a debt, means that the debt has been paid in full, and “satisfaction” is to be construed accordingly;"

The problem being, that under that definition, as a debt has not actually been paid in full under a bankruptcy, then many/most courts will refuse to mark the debt as satisfied.

You could try applying to the court anyway, but the forms contains a declaration that the debt was "paid in full", which would not be strictly true and may be a very inadvisable thing to do.

If you explain the above to the prospective employer, and present proof that your BR has been discharged, then if they have any sense they will see that while the CCJ is not technically marked as satisfied on the register, your liability to pay it is gone and this is in all practical ways equivalent.

silvercar

If you explain the above to the prospective employer, and present proof that your BR has been discharged, then if they have any sense they will see that while the CCJ is not technically marked as satisfied on the register, your liability to pay it is gone and this is in all practical ways equivalent.

If you have to go down this route, it may be worth pointing out that legally you are not allowed to now pay off this debt as that would be giving preference to one creditor over another and the rules of bankruptcy prevent you from doing that.

I have applied for a job that required a credit check, this has been carried out and a CCJ that was passed in July 2009 from pre bankruptcy debt apparently still shows as active on my credit records so im not able to pass the credit check to the level required.

Certainly worth offering the explanation. Whether it will be acceptable may depend on whether they are looking for you not to have outstanding liabilities or whether you have ever not paid your debts, though if the latter I would have thought you would have fallen at the 'previous bankrupt' hurdle.

lineout

Thanks for the info and advice everyone.

I called Barnsley County Court today and the staff there told me that two weeks after the CCJ was awarded a writ of Fi-FA was issued by the County Sheriff though o didnt hear any more of this, the court staff sat the court had nothing to do with it after this and that perhaps my ORs office could look in to what happened to it after this as it would be difficult to get a certificate of satisfaction with the lack of info there is at the moment.

I called the ORs office and after the digging around the nice lady there said that there wasnt anyone assigned to my case, though it still showed as open and that i should call bak on Monday when i could speak to the dept manager and have someone re-assigned to the case.

Some dead ends but not totally hopless.