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Renting - declaring a CCJ

My head is in a spin about this!

My husband and I are currently renting but are applying for a new house with a different letting agent. I've paid our referencing fee of £200 and starting completing the form, come to the question about whether I have any CCJs, and suddenly realised that yes I do! That might sound ridiculous, but it was only for a few hundred quid in 2011 for some solicitors fees I'd disputed. I came to a payment arrangement with them but didn't realise at the time that the CCJ would be automatically entered anyway - if I had, I'd have borrowed the money and paid it in full! Anyway, I cleared it in a year and then never gave it a second thought until now because I've not applied for any credit (we were already in our current property when it was entered).

Now, I feel completely stupid because I didn't tell the letting agent up front. I've checked my credit report and it's showing on Equifax, but not on Experian or Callcredit. My husband (who has no credit issues by the way) thinks I should not declare it and plead ignorance if it comes up. I'm leaning towards e-mailing the letting agent and explaining why I hadn't mentioned it. Really don't know what to do for the best - don't want to make the wrong decision and completely ruin our chances! Any advice?!

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    A CCJ will show up on a public search of your credit files so the letting agency could see it. I think you're better off coming clean rather than pleading ignorance.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    kem1 wrote: »
    My head is in a spin about this!

    My husband and I are currently renting but are applying for a new house with a different letting agent. I've paid our referencing fee of £200 and starting completing the form, come to the question about whether I have any CCJs, and suddenly realised that yes I do! That might sound ridiculous, but it was only for a few hundred quid in 2011 for some solicitors fees I'd disputed. I came to a payment arrangement with them but didn't realise at the time that the CCJ would be automatically entered anyway - if I had, I'd have borrowed the money and paid it in full! Anyway, I cleared it in a year and then never gave it a second thought until now because I've not applied for any credit (we were already in our current property when it was entered).

    Now, I feel completely stupid because I didn't tell the letting agent up front. I've checked my credit report and it's showing on Equifax, but not on Experian or Callcredit. My husband (who has no credit issues by the way) thinks I should not declare it and plead ignorance if it comes up. I'm leaning towards e-mailing the letting agent and explaining why I hadn't mentioned it. Really don't know what to do for the best - don't want to make the wrong decision and completely ruin our chances! Any advice?!

    Do declare it. It's public information. If you do declare it and explain that it's cleared now then all will be okay. You will not at least I hope you won't be penalized for a CCJ which is now paid and is quite old. If it were in the last year I'd be concerned but 4 years ago is old.

    If you don't declare it they'll think you are hiding something and you might be at risk of losing the tenancy and your £200.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Guest101
    Guest101 Posts: 15,764 Forumite
    kem1 wrote: »
    My head is in a spin about this!

    My husband and I are currently renting but are applying for a new house with a different letting agent. I've paid our referencing fee of £200 and starting completing the form, come to the question about whether I have any CCJs, and suddenly realised that yes I do! That might sound ridiculous, but it was only for a few hundred quid in 2011 for some solicitors fees I'd disputed. I came to a payment arrangement with them but didn't realise at the time that the CCJ would be automatically entered anyway - It's not unless you go to court and fail to pay? - if I had, I'd have borrowed the money and paid it in full! Anyway, I cleared it in a year and then never gave it a second thought until now because I've not applied for any credit (we were already in our current property when it was entered).

    Now, I feel completely stupid because I didn't tell the letting agent up front. I've checked my credit report and it's showing on Equifax, but not on Experian or Callcredit. - CCJS will come up as the letting agent are using public information. NOT whats shown to you on your credit report. My husband (who has no credit issues by the way) - Irrelevant unless it's public. thinks I should not declare it and plead ignorance if it comes up. - If you want to throw £200 away. I'm leaning towards e-mailing the letting agent and explaining why I hadn't mentioned it. - Did they ask? Really don't know what to do for the best - don't want to make the wrong decision and completely ruin our chances! Any advice?!


    Honest and upfront, then the LL can decide whether a 5 years old CCJ for £200 is enough to say no to. Most wouldn't even consider it.


    Lie and it's a different story,
  • kem1
    kem1 Posts: 29 Forumite
    Thanks all, I'll drop the letting agent an e-mail and explain. I just feel stupid because when we filled their initial enquiry form in to register with them, I said no bad credit! I imagine that they would have wanted to know about this before deciding whether to take the application fee from us. I can't change that now though so as you say, honesty is the best policy.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    I immediately rule out any prospective tenant who tells me that they don't know about a CCJ, or states that they don't know if they have any.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    I immediately rule out any prospective tenant who tells me that they don't know about a CCJ, or states that they don't know if they have any.


    To be fair, it's reasonable to not know if you have one if you moved home for example.


    That's what set aside's are for.


    However it's a massive red flag, especially since it's easy to check.
  • kem1
    kem1 Posts: 29 Forumite
    Just noticed your first point, Guest101 - I didn't go to court because I accepted the debt in the end, mainly because I didn't want a CCJ! I contacted them as soon as I got the CCJ paperwork and arranged a payment plan with them. I still had to return the form though, and then afterwards got a letter saying the CCJ had been entered and detailing the repayment terms. I somehow thought that as I'd come to an arrangement with them prior to the hearing I wouldn't then get a CCJ, but obviously doesn't work like that. As you can imagine, because the debt was to a solicitor, they didn't mess about and I'd got myself in a flap! Hindsight is a wonderful thing.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    kem1 wrote: »
    Just noticed your first point, Guest101 - I didn't go to court because I accepted the debt in the end, mainly because I didn't want a CCJ! I contacted them as soon as I got the CCJ paperwork and arranged a payment plan with them. I still had to return the form though, and then afterwards got a letter saying the CCJ had been entered and detailing the repayment terms. I somehow thought that as I'd come to an arrangement with them prior to the hearing I wouldn't then get a CCJ, but obviously doesn't work like that. As you can imagine, because the debt was to a solicitor, they didn't mess about and I'd got myself in a flap! Hindsight is a wonderful thing.



    You might want to look at getting a set aside. I appreciate the details aren't going to be at the forefront of your mind.


    But even if you lose in court, as long as you pay as the court orders, you wont get a CCJ.


    If thee solicitor accepted a payment plan prior to court, they should've stopped all debt collection process at that point too. Otherwise they are committing perjury - stating to the court you have refused to pay the debt.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    To be fair, it's reasonable to not know if you have one if you moved home for example.

    I don't disagree, but there are plenty of prospective renters without them.
    In this case, the OP "forgot", which is what I am getting at.
    Well life is harsh, hug me don't reject me.
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