"Satisfying" a CCJ after BRC.

MartyCoggs

Hi Guys

I've not been on here for ages but need your help if possible as I had great support in the past. :T

I'm in the process of cleaning up my credit file and have mostly got it all up to date and correct.

I am however having particular problems with Wigan County Court where one previous CCJ is held.

They are refusing to mark the CCJ as "satisfied" from my discharge date (23rd June 2010) saying that the only way they can mark as satisfied is if the debt is paid in full.

Now I know 100%, that the debt was included in my bankruptcy and the CCJ was taken out 4 months before I declared. The company who took it out acknowledge that the debt was included in the BC and I have a letter from their Solicitors saying as much.

Are Wigan CC correct?? I think not as I did have a similar issue with a CCJ in Northampton County Court, who promptly marked it as "settled" once I paid £15 and gave them written proof of the BC and a letter from the debt collection agency etc

If they are wrong, what can I do, does anyone know what legislation I can quote in order for them to comply?

I have previously sent them a template letter from this site asking etc.

Any help would be greatly appreciated.

Martin :beer:

fermi

CCJs do not work on the same rules as defaults.

As far as I know, Wigan are correct.

The Register of Judgments, Orders and Fines Regulations 2005 say that the court should:

(3) 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.

The regulations specifically state in them that:

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

In the long run as the CCJ is dated before your BR, it doesn't matter whether it's marked as satisfied or not, so I wouldn't stress over it.

MartyCoggs

Hi Fermi

Many thanks, so I'm guessing Northampton CC shouldn't have marked their CCJ as satisfied when I requested??

I'm only worried because it's showing on my credit report and a debt, so it's marking my score down. (699 at the moment)
I'm looking for finance at the mo so want the best chance I have to get the best deal.

:beer:

fermi

If you stick to the letter of the regulations, then no, arguably Northampton should not have done that.

When people ask this question I usually say it is worth a try getting them marked as satisfied for just this reason, as staff at some courts don't always seem to stick to the rules and you may be lucky. However, when a court refuses it's probably not worth arguing the point, as the rules are clear there in law if you care to look.

The BR order is going to be a much bigger negative factor than the CCJ. Don't put much store by "scores". Each lender makes up their own mind.

MartyCoggs

Thanks most helpful Fermi!!

many thanks

Martin

MartyCoggs

...by the way, It'll drop off my credit record next January anyway! :-)

fermi

Exactly. It will be gone before even the BR order itself is.