Equidebt didnt settle CCJ even though i paid

mrsgenery

I had a bank account loan through the Coop bank and it was passed to equidebt.
In 2011 I paid the settlement figure and was told that the account was now closed.

I m in the middle of trying to buy a house and it has came up that I have a CCJ from 2010 that I did not know i had!! It was settled as i said in 2011 but the status of the CCJ is still showing active

Today i contacted the solicitor who it was with and they have said that Equidebt closed the account back in 2011 but did not tell them that i had settled the account!
They have asked for a letter confirming this but i don't have one and can not contact Equidebt as they went into administration in 2013!

Any ideas on how best to proceed would be gratefully received.
Very stressed about this as we have found the most wonderful house but the sellers are not going to wait for long

Thank you
Mrs G

fermi

You can apply for a certificate of satisfaction from the court. If you can't provide proof then the court should write to the creditor and if not reply after one month they will mark it satisfied anyway.

So if the court staff do what they should, then by fair or foul you should be able to get it updated.

mrsgenery

Thank you
At least it given me some hope - everyone i spoke to on the phone was saying that without the letter there is nothing i can do!

fermi

This is still the current legislation in force.

http://www.legislation.gov.uk/uksi/2005/3595/made

Application for, and issue of, a certificate of satisfaction

17.—(1) A registered debtor may apply to the appropriate officer for a certificate (“certificate of satisfaction”) as to the satisfaction of the debt.

(2) An application under paragraph (1) shall be—

(a) made in writing; and

(b) accompanied by the appropriate fee.

18.—(1) In the case of an application for a certificate of satisfaction in respect of an entry in the Register to which regulation 8(1)(a) applies (judgments entered in the High Court or a county court), the application under regulation 17(1) shall be accompanied by—

(a) sufficient evidence that the debt has been satisfied;

(b) a statement that the registered debtor has taken reasonable steps to obtain such evidence, but has been unable to do so; or

(c) a statement that the registered debtor believes such evidence is already in the possession of the appropriate officer.

(2) For the purposes of paragraph (1)(a), sufficient evidence that the debt has been satisfied includes a signed statement by the creditor to that effect.

(3) Where paragraph (1)(b) applies, the appropriate officer shall send notice of the registered debtor’s application under regulation 17(1) to the creditor together with a request that the creditor confirms within one month of the date of the notice whether the debt has been satisfied.

(4) For the purposes of paragraph (1)(c), evidence which is already in the possession of the appropriate officer includes where—

(a) the debt has been paid as the result of court enforcement proceedings taken under Part 70 of the 1998 Rules;

(b) payment of the debt has otherwise been made to the court.

19. Where an application has been made under regulation 17(1) and—

(a) the appropriate officer is of the opinion that the debt has been satisfied; or

(b) a notice has been sent in accordance with regulation 18(3) and the creditor has not responded within the time limit provided,

the appropriate officer shall issue a certificate of satisfaction to the registered debtor.

fermi

Also:

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs

and

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n443-eng.pdf




Occasionally court staff will fob you off or be unaware they should do this.

If they do then print off the above and make a formal complaint to the court manager.

Thrugelmir

Will you prospective lender accept a settled CCJ?

mrsgenery

Thank you so much Fermi :)

I am unsure because it was settled in 2011 it should be fine as settled for over 3 years but will hve to wait and see!
Fingers crossed

Thrugelmir

mrsgenery wrote: »

I am unsure because it was settled in 2011 it should be fine as settled for over 3 years but will hve to wait and see!
Fingers crossed

Don't underestimate how a CCJ will be viewed. As it's a reflection of you as far as a lender is concerned.

littlemonkeywolf

Just to let you know there is a 15.00 fee for the certificate.

Liverlad67

Make your cheque or po payable to HMCTS.