CCJ Remains on Credit File after Bankruptcy?

Hi all,

I hope this is the correct group to post this on.

To get straight to the point, I used to co-own a small business with my wife which went bust in 2012. As a result of the business failing, we had big debts and both had to file for Bankruptcy in 2013.

We were both declared bankrupt on 23/10/2013 and we were both discharged on 23/10/2014 but upon checking my current credit score on Noddle, it is showing that a CCJ is still on my record from 29/08/2013 which should have been cleared by the bankruptcy.

I have contacted the County Court which issued the CCJ and they have told me that they can't do anything about removing the CCJ even though we went bankrupt 2 months after it was issued.

The only advice I have been given is to apply to have the CCJ set aside which will cost over £200 and that is a cost I can-not afford.

Both my wife and myself had to pay out a lot of money to the Insolvency Service who dealt with us through the process of our bankruptcy but have they not done their job properly seeing as we still have this CCJ against us? Surely this CCJ should have been cleared with the bankruptcy?

What can I do to get this removed from my file?

Thank You

Gavin

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    A bankruptcy order does not undo that fact of the CCJ, or remove it from the register and hence credit files. It just makes it not enforceable.

    The CCJ will correctly stay on the register and credit files for 6 years from the judgement date.
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  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Just to add a small note to what Fermi has said, whilst the judgement will remain for 6 years, the balance of the judgment should have been changed to zero following the bankruptcy. If there is still a balance owing you could complain that that should be changed, however, the actual recording of the CCJ will be as Fermi has described.


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  • fatbelly
    fatbelly Posts: 22,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    1gavinr wrote: »
    Hi all,

    I hope this is the correct group to post this on.

    To get straight to the point, I used to co-own a small business with my wife which went bust in 2012. As a result of the business failing, we had big debts and both had to file for Bankruptcy in 2013.

    We were both declared bankrupt on 23/10/2013 and we were both discharged on 23/10/2014 but upon checking my current credit score on Noddle, it is showing that a CCJ is still on my record from 29/08/2013 which should have been cleared by the bankruptcy.

    I have contacted the County Court which issued the CCJ and they have told me that they can't do anything about removing the CCJ even though we went bankrupt 2 months after it was issued.

    The only advice I have been given is to apply to have the CCJ set aside which will cost over £200 and that is a cost I can-not afford.

    Both my wife and myself had to pay out a lot of money to the Insolvency Service who dealt with us through the process of our bankruptcy but have they not done their job properly seeing as we still have this CCJ against us? Surely this CCJ should have been cleared with the bankruptcy?

    What can I do to get this removed from my file?

    Thank You

    Gavin

    The bankruptcy drops off your file in October 2019, the ccj 2 months earlier.

    I don't know who gave you the advice about applying for setaside, but that would be a waste of money.

    Even if successful it would make little difference to how prospective lenders will view your file between now and 2019.
  • fatbelly wrote: »
    The bankruptcy drops off your file in October 2019, the ccj 2 months earlier.

    I don't know who gave you the advice about applying for setaside, but that would be a waste of money.

    Even if successful it would make little difference to how prospective lenders will view your file between now and 2019.



    I agree, it will make very little difference removing the CCJ. I wouldnt worry about it, it will disappear.
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