Received a CCJ after Bankruptcy

LinzMichelle

Hi all

Basically i declared myself bankrupt in Nov 2009.

In June 2011 I received a CCJ for a debt (around 28k) that should have been cleared with the bankruptcy. I knew nothing of the CCJ until recently when we had credit checks done to rent a property for which we were declined.

I've been in touch with credit expert but had no luck in resolving the problem.

I just want to know how to resolve this, who is at fault & will I be entitled to any form of compensation?

Thanks in advance x

fermi

Were the papers sent to your current address (at the time) do you know?

You can talk to your OR, the court and the creditor to see if they will cooperate or help getting it removed having proof of the bankruptcy. Occasionally the court can do that without a formal application.

If that turns out to be a dead end, then you may have to fall back on the legal procedure which is to make a formal application to the court to have the CCJ set aside, as it should never have been made due to the bankruptcy order.

LinzMichelle

Thanks for your reply fermi,

No it was an old address, the CCJ is dated June 2011 & I moved out of that address Dec 2010. Since the bankruptsy ive been really good with my finances etc so definitely wouldn't have ignored any letters regarding the CCJ.
Credit expert are meant to be sorting it but I've sent them a few emails recently & this was the last I heard but it's the same every time I contact them!

"I have reviewed our records and can confirm that we are still awaiting a response from the Registry Trust Ltd concerning the Judgment entry on your credit report. Until we receive instructions from Registry Trust I'm afraid I can't make any changes to the information."

I pay credit expert/experian £15 a month & just feel like they're fobbing me off!!!

I did speak to a lady when I called the OR (early December 2014 after being declined to rent a property) & she said I shouldn't have received the CCJ & her words exactly were.... "unfortunately it looks as tho it has slipped through the net" SLIPPED THROUGH THE NET???? How can that even happen??
X

Marktheshark

You need to file a N244 form, this will create a hearing and strike out the old CCJ and set a date for a new hearing.
Then defend as bankrupt.

fermi

I fail to see that Experian can do very much, since they just get their data from the registry trust, who in turn can only change their data on instruction from the court.

These things slip through the net as there are no checks at the court regarding any bankruptcies that might apply and undefended CCJs are just rubber stamped without any hearing ever taken place.

fermi

Contact the court to see what can be done.

I know of cases where CCJs have been removed by doing that saving you the £155 N244 fee. Most likely that you could have to make a formal application, but it's worth a go.

May be worth talking to the creditor as well to see if they will cooperate with removing it, reminding them that if they refuse you WILL go the formal route against them.

DCFC79

Stop paying credit expert the £15 a month.

MEM62

LinzMichelle wrote: »

I pay credit expert/experian £15 a month & just feel like they're fobbing me off!!!

And what is it that you think you are paying them for? All you get for your £15 is a copy of your credit report along with their randomly made up 'credit score' Nothing else.

LinzMichelle

MEM62 wrote: »

And what is it that you think you are paying them for? All you get for your £15 is a copy of your credit report along with their randomly made up 'credit score' Nothing else.

I know I agree, it's just that when I got declined for a house I said to the woman at the estate agents i thought it would get declined because of my bankruptcy & she said oh no it's not your bankruptsy, they over look that sometimes, it's your CCJ so I said I didn't have one & she said the one for £28k, I was so confused I honestly thought she must have credit checked the wrong person!!!

Anyway... I looked in to it & it was from Northampton court so I rang them, they told me to get in touch with sheffield court where I went to declare myself bankrupt & then they told me to contact the OR & she told me to get in touch with Credit Expert so that's why I registered with them!

Just feel like I'm getting passed from pillar to post hence why I asked for advice on here,

Thanks everyone for your advice I'm going to look in to it tomorrow

x

Experian_company_representative

LinzMichelle wrote: »

I know I agree, it's just that when I got declined for a house I said to the woman at the estate agents i thought it would get declined because of my bankruptcy & she said oh no it's not your bankruptsy, they over look that sometimes, it's your CCJ so I said I didn't have one & she said the one for £28k, I was so confused I honestly thought she must have credit checked the wrong person!!!

Anyway... I looked in to it & it was from Northampton court so I rang them, they told me to get in touch with sheffield court where I went to declare myself bankrupt & then they told me to contact the OR & she told me to get in touch with Credit Expert so that's why I registered with them!

Just feel like I'm getting passed from pillar to post hence why I asked for advice on here,

Thanks everyone for your advice I'm going to look in to it tomorrow

x

Hi LinzMichelle,

Finding a judgment has been recorded in your name when you were bankrupt must be distressing.

By obtaining a copy of your report, as you have done, you can find out he case number and court that the judgment was recorded under.

The court can then tell you who brought the case.

As Fermi has said the judgment information on your report comes from Registry Trust Limited who get the sent the information by the courts. From what you have said it sounds like Experian have contacted Registry Trust to ask them to confirm the information is correct.

If they confirm this is the case then the next step would be to contact the court again to go over your options for getting the case set aside. We have more details on this and dealing with an unrecognised CCJ here.

I certainly wish you the best in this.

Kind Regards
Neil