Certificate of Satisfaction

Idle_Jim

Had a CCJ three years ago. Long story, but I paid it all back over about 6 months (an agreed payment plan). Final payment was October 2014.

Since then I have not thought about it. However, am involved in a business now and will look for external funding over the course of the next year or two. Checked my credit report and the CCJ still shows up as unsatisfied. Although I know the record won't dissapear for a while I would still like it to be marked as satisfied.

I wrote to the claimant asking them to confirm it was paid, but they didn't respond. I have written four letters and emails to them over the past couple of months. No response. They won't take my call either.

I then wrote to the county court, enclosing both my bank statements proving the debt was paid and also the £15 cheque.

A letter came back last week returning the documents and saying the proof I need is the letter from the claimant.

My question is this: What can I do now? The claimant won't send the letter and the CC won't issue a certificate of satisfaction without it. Frustrated!

fermi

Write back to the court FAO: the court manager pointing out that:

As per regulation 17-19 of the The Register of Judgments, Orders and Fines Regulations 2005.

- You made an application for a certificate of satisfaction under regulation 17(1)

- Under regulation 18(1)(b) you provided "a statement that the registered debtor has taken reasonable steps to obtain such evidence, but has been unable to do so;"

- which obligates the court to take action under Reg 18(3) "that 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."

- following which under Reg 19(1)(b)where, "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."

Consequently, you require the court to comply with their obligations under the regulations without any further delay.

fermi

You can also point out on their own form that:

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

3. If you cannot provide the
court with evidence of full
payment, the court will write
to the creditor to confirm that
the debt has been paid. If the
court does not hear from the
creditor within one month, it
will issue a certificate

and the full regulation section

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.

Idle_Jim

Super. Many thanks!!

fermi

Idle_Jim wrote: »

Super. Many thanks!!

Just re-read you original post, and seems you may have to change that slightly as you sent insufficient proof rather than

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

include such a statement in the complaint and require them now to write to the creditor and issue a certificate if they do not write back.

Idle_Jim

I've included the steps I have taken to get the statement from the creditor now. Thank you again.

fermi

If they still refuse to issue the certificate, which is unlikely but possible, then you'll have to take the complaint further.

See: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Idle_Jim

Update: HMCTS have taken the processing fee, so fingers crossed it's in motion.

Idle_Jim

Update:

Certificate of Satisfaction landed with me yesterday. Thanks fermi for your advice. :beer:

Strummer22

Good news Jim.

It's fun quoting an organisation's own rules at them, isn't it? :rotfl:

Idle_Jim

Absolutely!