CCJ Removal Advice

DjCraigMoran

Hi Guys

Im after a bit of advice I went bankrupt in June 2011 and as part of the bankruptcy there was a debt to T Mobile about 6 months later i got a knock at the door from somebody trying to recover the debt so i explained about the bankruptcy and showed my certificate and thought that was that until a company called Sigma Red started chasing me for the money last year I explained to them about the bankruptcy and the agreed the CCJ which they had put on my file was invalid and should be removed. As i was starting a new job with a financial company they required an email to prove the CCJ was being removed so i could start work. Sigma Red sent me the email which i still have but after several follow up calls and promises the CCJ is still on my credit file can anyone help with getting it removed?

Thank you
Craig

matttye

Ask the DCA or their solicitors to send you a Consent Order which agrees to set aside the judgment. You then sign it and send it to the court.

If they won't cooperate, you can apply to the court to have the CCJ set aside but this will cost you and you'd need to take legal action against the DCA to recover the cost.

fermi

Does the CCJ pre-date the bankruptcy order, or was the CCJ granted after that date?

matttye

Oops I thought I read in the OP that it post-dated the Bankruptcy by 6 months, but I see now the OP referred to people coming to collect the debt after 6 months.

CCJ would only be invalid if it post-dates the Bankruptcy.

fermi

Yes. Could still be the case, but thought I'd better double check.

DjCraigMoran

The CCJ was granted after the bankruptcy as it was passed onto sigma red but the debt was pre bankruptcy and was included in the bankruptcy. I hope that makes sense.

fermi

You can get it removed then.

You can give them the option of cooperating and helping with that, but in the end if they refuse you can apply to the court to have it set aside.

DjCraigMoran

Would that be the court where I went bankrupt or the one that put the CCJ on?

fermi

The court the CCJ was made at. Probably Northampton as that is the bulk centre for money claims.

Can be done by post and if there is an actual hearing required, which would not happen if they have any sense, it would then be transferred to your local court.

matttye

If you can get the consent of the DCA in the form of a Consent Order it will cost you £45 rather than £80 to have it set aside.

fermi

£80? Set aside application is now £155.