CCJ - Active, Post Bankruptcy Creditor Action Required? Advice Sought

TheSageMan

Hi

A bit of background on a situation I'm working with

CCJ (Aug 2011) showing with a status of Active on the credit record files which is attributed to a creditor who's debt was accounted for in a bankruptcy (Sept 2011, discharged Sept 2012), the bankruptcy was filed after the CCJ as you can see.

The list of creditors, recently (< 3 months) supplied by the Insolvency Service, details the creditor for whom the CCJ is related to (the CCJ detail having been provided by the HM Courts and Tribunals Service, and confirmed via TrustOnline).

A letter has been written to the creditor asking for them to advise the CRAs and HMTS/Insolvency Service accordingly that the CCJ was indeed accounted for as part of the bankruptcy (why the HMTS, Insolvency Service and CRA cannot share information is beyond me at this stage). They've acknowledged the letter but want to understand what legal obligation they have and see specific advice from the ICO. The letter they received was using the template offered by fermi (thank you)

No response has been formed as yet, thought I'd ask for some advice on the forum before responding, likely to be with the above context.

Possibly worth nothing the creditor is a solicitors firm who handled a debt owed on behalf of an accountant who'd unfortunately not had their invoice paid. The Creditors List and CCJ both state very clearly it's the solicitors, not the accountant, who's the creditor and therefore, as I understand, are responsible.

Thoughts? Comments? Suggestions?

Thank you in advance.

Regards

fermi

ICO guidelines on defaults DO NOT apply to the status a CCJ.

The Register of Judgments, Orders and Fines Regulations 2005 apply to marking CCJs as satisfied or not.

Can only be marked as 'satisfied' under the legal wording of those regulations if the CCJ has actually been paid. Written off in a subsequently bankruptcy is not 'paid' under that definition, so technically the creditor or court should just be leaving the status unmodified.

If the creditor is willing to tell the court it is 'satisfied', they might mark it as such without asking more, but trying to force the issue will probably bring nothing.

The CCJ is not as BIG a black mark on your credit report as the BR itself, and will drop off before the BR does, so in most ways it's status is pretty irrelevant. A few employers or letting agents etc can get snotty about unsatisfied CCJs, but that is not too common.

TheSageMan

Thanks for the considered and swift reply fermi, very much appreciated. Indeed, experience has shown that some lettings agencies are a bit sensitive to this.

Thank you for the clarity on the legal wording being defined, most helpful.

I think this will be a case of cleaning up as much as possible and waiting for 2017 to roll around for a better looking credit record.