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CCJS after discharge

Hi all

I went bankrupt on the 01/2010 and was later discharged in 08/2010. Prior to bankruptcy date there was a ccj made against me.

This ccj was included in the bankruptcy and thus should show as satisfied/settled on the credit reference agencies files, but it is still showing as active.

I have today spoken to the court, the creditors solicitors and also the official receiver, and I am being passed from pillar to post.

The solicitor says that they have informed the court that the ccj debt has been withdrawn/stopped. The court are saying this is not enough to update my credit file. So rang the solicitors back and they said the court don't know what there talking about and that they have done what they needed to do and this will update the cra.

I wasn't happy at the conflicting answers so I rang the official receiver who delt with me originally and they have said that I need to speak with cra and let them know that the debt/ccj has been settled/satisfied.

So, again I made another telephone call to all the cra, and they have said that they want a copy of certificate of satisfaction from the creditor before they can even look at amending the files. But have a guess what, the solicitor says the court have been informed!!!

Please can somebody help, all I want to do is get the ccj marked as satisfied/settled as it is holding up my mortgage application.

Many thanks

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    This often comes up.

    See: http://forums.moneysavingexpert.com/showpost.php?p=57742745&postcount=3

    Court is not obliged to mark it as satisfied under the regulations they operate by.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • neillv6
    neillv6 Posts: 7 Forumite
    Ninth Anniversary Combo Breaker
    Hi

    Im having some issues with a ccj and need some advice if possible.

    05 January 2010 I was served with a ccj and on the 26th January 2010 I declared myself bankrupt.

    The debt was included in my list of creditors.

    The problem I am having now is I was trying to get the ccj marked as satisfied but after speaking with the court, there saying I should be applying for the ccj to be set aside, but the creditors solicitors are saying the ccj will still stand as it was served correctly.

    The court are telling me to apply for it to be setaside, the solicitors are saying they will update the record to show it as satisfied and the court again say that cant be done, grrr.

    Can anybody please clarify if the ccj was served correctly or should I apply for it to be set aside?

    cheers
  • longtermplanner
    longtermplanner Posts: 1,442 Forumite
    Honestly it won't make any difference to anything, just forget about it.

    The court is under no obligation to to remove the CCJ from your credit file. Bankruptcy will be on your credit record for 6 years. So will the CCJ. By the time bankruptcy drops off, the CCJ will as well. Don't sweat the small stuff.
  • neillv6
    neillv6 Posts: 7 Forumite
    Ninth Anniversary Combo Breaker
    the problem is, the ccj is still showing as active and is stopping me from getting the mortgage I want.

    So just leaving it really isn't what I want to do.

    Thanks
  • longtermplanner
    longtermplanner Posts: 1,442 Forumite
    Who is the mortgage lender that doesn't care that you have gone bankrupt but is worked up about a CCJ? My guess is that if you get the CCJ removed/marked as satisfied (and there is no obvious way to do this - fairly reasonably because you haven't actually satisfired the terms of the CCJ), they would then reject you because of the bankruptcy.
  • Well I am surprised you be able to get a decent mortgage. Although you were bankrupt and discharged this does not take into consideration your CCJ's. You won't need to pay them but they will not be able to have them marked as satisfied or settled this only happens if you pay them off......I know from experience, although I paid mine in full.

    Makes little or no difference anyway to your rating etc. until the BR drops off. I feel your mortgage will be a very expensive subprime mortgage
    I love green dots :T I hate red dots :mad:
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