CCJ/Defaults

babsiccles2014

Hi guys,

I have a couple of questions I'm hoping to have some help on

I was made bankrupt in July 2012 for a self-employed tax issue from years earlier. Everything went through ok and I was discharged in July 2013.

During my bankruptcy year I received a CCJ for a debt from before I was made bankrupt. It was an unpaid invoice from when I was self-employed, which I believe the official receiver should have accounted for?

I contacted the company responsible for the CCJ and they said they'd only get the CCJ cancelled once they'd been paid. I passed them the official receiver's details and left it at that.

I received a letter from the official receiver this week explaining that they've applied to the Government to be released as my official receiver, but this CCJ remains on my credit file!

Is it possible for me to get this CCJ removed? And if so, how would i go about doing this?

Also, I have a CCJ from HMRC in relation to the bankruptcy which expires next year. It's showing as 'Active' on my credit file. Is this normal? And because it led to bankruptcy, would this be eligible to be removed or marked as satisfied? Any more info on this would be greatly appreciated!

And lastly, there are several accounts on my credit file which are marked as 'Closed' since I was made bankrupt. What happens with these now?

And also, several are still 'Open', even though they're debts from before my bankruptcy! Should they have been closed? And if so, how do I go about doing this?

Any help on these 3 issues would be greatly appreciated, and thanks for your time

fermi

You should have defended the CCJ at the time on the basis that the debt was covered by the bankruptcy. If you ignore CCJs then they get awarded, and then it's a right hassle to get rid of them. You can contact the court now to see if it can be removed, but you may need to do that via a set aside application.

The pre-BR CCJ is no longer enforceable, but CCJs can only be marked as satisfied if they are actually PAID. Doesn't matter though, as the BR is a bigger badder nasty on your file that will be there longer.

Pre-bankruptcy accounts should be defaulted no later than you bankruptcy date and marked as closed/satisfied. Different rules to a CCJ, so you can insist on it with those.

longtermplanner

IMO National Debtline are the experts on all CCJ-related issues. Give them a ring!

babsiccles2014

Excellent info, thanks guys

In terms of the 'Open' accounts still showing on my credit report; how would I go about having them set as 'Closed'? Is there a template letter I can use for this and just send that off to the creditors?

And there's a 'to be removed' from my file date on all of the accounts, whether they're set as open or closed. So does it really make any difference what their open/closed status is?

fermi

--> Credit Reference File Clean Up Post Bankruptcy

Open or settled isn't as crucial as the default date being right. It's the default date that sets the removal date. So if all is wrong is is that it doesn't say it's settled/satisfied, then up to you.

Saying that, forcing creditors to acknowledge that the debt is settled by updating your credit files can help prevent debts getting sold on when they shouldn't, and personally I like to dot all Is and cross all Ts. But as said your call.

alastairq

You should have defended the CCJ at the time on the basis that the debt was covered by the bankruptcy. If you ignore CCJs then they get awarded, and then it's a right hassle to get rid of them. You can contact the court now to see if it can be removed, but you may need to do that via a set aside application.

https://forums.moneysavingexpert.com/discussion/4872288

above is a link to a thread of mine, to re-enforce what Fermi has rightly posted, re-CCJs, and not ignoring Court letters.