Discharged Bankrupt with CCJ still showing on File

Vincent-rew

Hello

I was issued a CCJ on 15/06/2010 and subsequently went bankrupt on 19/11/2010.

I was told at the time that the bankruptcy would super seed the CCJ.

I was discharged from the bankruptcy on 06/09/2011 and I have recently obtained my credit report which shows this but is still showing the CCJ as outstanding.

How do I get this changed? Do I have to write to the court that issued the CCJ or the company that the debt was for?

Also I have a few accounts that were included in with the CCJ showing as defaulted and not settled

Is this just a case of writing to the companies and getting these marked as settled?

Apologies if this info is located some where on here, im at work and doing this on the side as its bothering me

Hope someone can help

fermi

The CCJ can only be marked as settled if you do this via the court. You can contact them and see what proof they need. Problem is, most courts will only agree to this if you can show that the debt was actually paid. Being covered by a BR is not the same as being paid under their rules, so you may get knocked back.

However, as long as the CCJ date is before your BR date, whether it says settled or not doesn't really matter. The BR is much worse to have on your report, and that will be there for longer than the CCJ.

For defaults, you can send the clean up letter in the board sticky to sort those.

Vincent-rew

Ok so it's a case of writing to the court. Ill give that a try. So will this ccj always show as an active part of my credit file? Or does it disappear after a set amount of years? I was told that the bankruptcy would super seed the ccj so with things like mortgages they would look at the bankruptcy over not the ccj.

myth123

CCJs are on your credit file for 6 years from the date it was registered.

Might still be worth contacting the relevant County Court regarding it, but like fermi said the BR will be on your report anyway so in terms of actual impact when a lender makes a decision whether to lend or not, the BR would be much worse anyway.

fermi

Yep. The CCJ will be removed from your report 6 years from the judgement date.

thejobbox

Im in a similar situation to this, having received a CCJ in 2009 for rent on a business property that i was guarantor for. The Business collapsed and was stop trading early 2009, as a result i was left with a £20,000 per year rental agreement for 3 years. Obviously i had no way of paying the dept and the landlord forced my Bankruptcy in Sept 2009. Now the CCJ was the for unpaid rent on the building, and was the first move towards the business closure. I lost my house as a result of the bankruptcy and the landlord received a dividend payment of £5000.

Since then i've started to rebuild my life but struggle with the basics, like renting a house. Where i've had to pre pay my rent in 6 month blocks all because of the CCJ thats still on my record. I've had in writing for my trustee that the CCJ was settled with the bankruptcy, yet the courts refuse to accept it. I've written and even spoken to the landlord who now refuses to take call or emails to help me with this problem.

Does anyone know how i can solve this issue, as 3 years on I'm still struggling to get back on track.

john1002

Hi thejobbox,

the problem is the CCJ has been registered, at the time you could have gone to court and explained your position either in front of a judge or the forms to lodge a defence when it was served.

The CCj has now been lodged and the only way I can see you setting it aside and then getting it removed is to demonstrate to a judge why it was given wrongly in the first place unfortuntley as fermi says the bankruptcy as a form of defence is a non starter.

I am in a similar situation in I went bankrupt in 2009 due to a failed business and have 6 CCJs all relating to this business and issued while the bankruptcy was going through, they were listed in the bankruptcy petition, but due to timings and me not having the will to fight them they are there, but all get cleared a month before my bankruptcy leaves my file, so I will leave them to go within the 6 year rule as I have no real defence. they cant be actioned upon and I have still managed to get two credit building cards to aid my files when I am clear in 3 years time.

HTH

John