CCJ given for a debt even though included in DRO

mickster1978

hi,

i have noticed on my credit report that a debt included in a DRO has also been added as a CCJ and is still showing as active. I have contacted the court and they have said that they will amend the record to satisfied. My question is though should the CCJ be marked satisfied or removed totally as the DRO was in force and discharged before the CCJ was active. Any responses much appreciated.

National_Debtline

Hi mickster

Just to make sure I understand this correctly:

The DRO was approved and began before this CCJ was obtained?

The DRO should certainly have prevented any included debts from later becoming the subject of CCJs.

At the very least, any CCJ should not be dated later than the commencement of the DRO. It would not really have any additional negative effect on your credit file as the DRO would be the overwhelming issue affecting your ability to get credit over the next six years.

Obviously any debts not included in the DRO or incurred after it began could still be sued for.

It does sound on the face of it as if you are entitled to ask that this judgment be amended or possibly removed altogether.

Dennis
@natdebtline

mickster1978

thanks for the information. I was sure that it should be removed but the court worker thought it would be only marked as satisfied; in terms of affecting credit rating how does that work because the DRO was discharged on 29/9/12. I am in the process of saving for a deposit for a mortgage; will i have to wait for 6 years after the discharge date or when it was incepted ??

National_Debtline

The DRO will drop off your file six years after it began, so that should be 29/9/17. There's nothing stopping you seeking a mortgage before then but obviously the presence of the DRO on your credit report will complicate your chances.

Please note that mortgage lenders typically ask whether you have ever been bankrupt. There isn't as yet a uniform approach to asking the same question re: DROs in application forms.

Dennis
@natdebtline

mickster1978

thanks for all your information Denis.

mickster

fermi

I assume from that that the judgement date of the CCJ is after the commencement date of your DRO then?

If so, then it's a question of how long by, and how much it bothers you, as to what steps you take now.

As said, while both are on your credit report the DRO looks the worst, but if the CCJ is after the DRO then it will stay on for that long after when the DRO eventually drops off. A matter of a week or a month and that may not bother you much in 2/3 years time. Or You may think it is crucial. Only you can say.

Options for removal if the CCJ date is after the DRO start date are,

- Ask the court to remove it. Some courts will assist and be helpful, while others will just say not our problem.

- Ask the creditor if they will have it removed, or assist in doing so, as it should never have happened and cannot be enforced anyway.

- Or go the full formal way and apply to have the judgement set aside as it should never have been made. That could cost you court fees to do though, so is the option if all else fails.

alastairq

- Or go the full formal way and apply to have the judgement set aside as it should never have been made. That could cost you court fees to do though, so is the option if all else fails.

As an aside, do you happen to know if this process can be dealt with through HM Court's online system?

mickster1978

thanks for all the above advice.

the court have said they will have the ccj marked as satisfied but thats as far as the can go. ? this is much better than what i have at the moment as the CCJ is showing active whereas the dro was discharged back on 29/09/2012. once this is mark as satisfied will this improve my credit record, or will it remain a mess until the dro completely drops off after the 6 year period ?

fermi

What is the judgement date of the CCJ?

mickster1978

hi again, thanks for the info and replies. The judgement date is 11/11/2012 and dro was already satisfied then 29/9/2012 !

i have dealt with manchester civil court who have been very helpful; they have agreed with the general consensus on here and are in the process of removing the ccj from my file (how they do that, i dont know)

once again thanks for the information from those who took the time to reply.

mickster

fermi

Just as well, because if that CCJ stays there then it will harm your credit file for a whole extra year and a little bit.

DRO will drop off your credit file on 30/9/2017.

If not removed the CCJ will stay on your credit file until 12/11/2018.