CCJ has been set aside! When will my credit rating go up?

annetheman

Hi all,

Today I checked the Registry Trust to see if I have any unsatisfied CCJs and I am glad I did. It turns out that a CCJ which was set aside by the court in October 2016 is still showing up as Unsatisfied Judgement.
I phone the County Court now and they apologised and updated the system to “judgement set aside” – they advised it will take 24 hours to update on the Registry Trust website and I should recheck (for another £4) on Wednesday.

The reason I am checking my credit is because I just agreed to rent my first flat. A credit agency will check my credit score and and CCJs against me to decide whether or not I need a guarantor or more references.
This check is supposed to be happening once I have received the application form for it tomorrow (Tuesday 29th). I am going to delay sending the form until the 30th even though I am supposed to sign the Agreement and move in on the 1st (not likely!)

The timelines here are:
Judgement set aside – 28th
Update to Registry received of judgement set aside – 29th
Credit check performed by company – 30th
Move in – 1st

But – how do I know that the credit checking system the credit check company (call them KS) will use will have the most up-to-date information on me? If they do not rely on the Registry to find out if an applicant has any CCJs, if they use something like Experiean, for example – won’t that use the “latest” or “last known” information on me, which it might not update every day, maybe it will use information it knows to be correct as of last month or something?

KS are working outsourced from the actual lettings agent so I do not have contact with them to directly send them a certificate of Judgement set aside or anything (I don’t think).
I also don’t want to explain the situation to the lettings agent because the erroneous CCJ was in fact due to a horrible landlord who lied and tried to wrangle a few thousand out of me, obviously I was vindicated but the trouble of all of that alone would put me off as a Landlord, so I am scared that they might refuse my application or ask me to pay rent in advance because of “behavioural issues in a previous landlord reference”.
My question I support is: will the credit check show that the CCJ has been set aside within 24 hours and should I tell the lettings agent about this?

Thanks!

P.s. I’ve paid about £800 in lettings fees (JUST FEES) alone, that I wouldn’t get back at this stage if they said I was unsatisfactory.

abby1234519

I would personally explain the situation in advance - surely that looks better than neglecting to mention it and then going through hassle sorting it out? Surely it's better to be prepared?

Just my opinion obviously!

sourcrates

What was the reason for your set aside ?

If it was because the debt was statute barred, then you won't hear any more about it.

But if it was a procedural error, like not receiving the claim form, the creditor can start the whole process over again.

annetheman

I didn't answer to the claim within the 14 day time limit because I was out of the country when the letter came (proved with plane tickets sent to court). So the CCJ was made in default.

The claim was that I owed £800 in rent and £2000 in damages due to a flood from the flat above mine damaging my flat floors and carpet/walls/ceiling.

To lift the default judgement and set aside the claim:

I showed bank statements showing I paid every penny EARLY for the full term of the fixed term contract, and the £800 demanded was out-of-contract and I have no legal obligation to pay.

I also showed letters and email evidence that proved I warned the landlord multiple times about flooding in the basement; nothing was done about it. I went on holiday, came back and my flat was ruined from a flood from leaking pipes in my ceiling. I successfully proved I a) do not have X-Ray vision to see through the ceilings so how the hell would I know a flood was imminent and b) plumbing in the whole building was dodgy and I, as a wonderful responsible tenant, repeatedly tried to warn the landlord to no avail.

So it was set aside.

I've decided to use another landlord I had that year - KS wants landlords from the last 3 years - so 2013 to 2016. I moved in mid 2013 to the hellhole so I'm using my early 2013 landlord. Since 2014 I've lived with my parents so that's fine.

I don't think there is any way they could find out about the hellhole landlord, because he didn't even put my deposit in a protection scheme, and I didn't pay any council tax.... Yes it was a very dodgy place! My first ever let as a student on my own, and I REFUSE to let it ruin my chances of securing this wonderful place of my dreams.

Is there any way they could find out about landlord from hell?

Arleen

It will take time for credit agencies to update their records, how long no one knows - maybe a day, maybe a month. Your set aside was granted solely for the fact that you were out of the country, it's not a ruling in anyone's favour, and the old landlord can sue you again if he wishes too.

But if he does, he did neglige his duties to protect your deposit, and you can threaten with raising this with the local council, who may also be interested as it doesn't sound like it was a legal rental anyway. Whether it will or will not stick is a whole other issue, but he most likely will back off.

Anyway, you will be best to be proactive about it and give the agency a call tomorrow explaining the situation. It is unlikely that it will be removed from records before they will run it, and saying it first will go a long way towards the credibility of your story. You can also present them court papers about setting that CCJ aside, assuming you didn't throw them out.

annetheman

I still have all the court papers, from the very first. I have decided not to disclose the information about the landlord, as research has told me providing 2 references satisfactorily should be enough, given I earn way above the required amount and have a guarantor.

In KS's terms, they state that unsatisfactory references or adverse credit, whether it is disclosed or not, will not be a reason to fail provided the tenant is willing to have a guarantor.

The only merit for automatic failure with no mitigating circumstances is "behavioural issues and malicious damage in a previous tenancy within the last 3 years" - this landlord probably hates me and I know if he has the chance, he will say I had foam parties in the flat and poked holes in the ceiling, just to be spiteful.

Given that I haven't disclosed his contact details, are they likely to find out who they are and ask me to provide it?

If they do, I will then disclose about the CCJ/judgement/evidence etc. And say I didn't disclose because it wasn't a legal tenancy, based on the above.....

But will they likely ask me to provide this or will 2 satisfactory references almost certainly be enough, as I've been reading?

I'll submit the application on Wednesday in case the CCJ still isn't clear.... I ran an expedian report and it isn't on there.

Arleen

You are making a simple application unnecessary complex, and leading yourself to some trouble. And I am not sure what are you looking to avoid to be perfectly honest. Just come clean, say how it was, don't hide anything and you will be okay.
Maybe he was renting out illegally (can't say, for sure he didn't follow TDP rules) but that doesn't mean that the rental didn't take place, and since you were fine renting from him for all this time, knowing all of that before, you can't now just shake a magic wand and make it go away on that basis. If it was good for you then, you can't suddenly have all sorts of issues with it now.

But there is nothing to wipe out as you've paid your rent and moved out from an unhealthy situation. And that is it, if he is some bat crazy person who may follow you and try to sabotage future rentals, then it's even better to say so instead of hiding it. Because if you hide something like that and then he comes out with it, you will be in some bad spot, and if you share it, well, there is plenty of crazy people in the world.

annetheman

Arleen wrote: »

Maybe he was renting out illegally (can't say, for sure he didn't follow TDP rules) but that doesn't mean that the rental didn't take place, and since you were fine renting from him for all this time, knowing all of that before, you can't now just shake a magic wand and make it go away on that basis. If it was good for you then, you can't suddenly have all sorts of issues with it now.

Not in this case. I had never rented my own place before and knew nothing about tenancy laws, as I was a student in my final year - before then I lived in a shared house managed by the university (nice landlord I've used as a reference), and before then university halls, with everything managed by the university and paid for by mum and dad, and before then my parents house.

Not once before this guy did I ever need to thoroughly understand my rights as a tenant before signing an Agreement. E.g. I thought it was only necessary to put deposits into schemes if renting through a Letting Agent, and how would I have possibly known he would sue me for out-of-contract rent and bursting pipes before I moved in and out? Bizarre assumption

Arleen wrote: »

But there is nothing to wipe out as you've paid your rent and moved out from an unhealthy situation. And that is it, if he is some bat crazy person who may follow you and try to sabotage future rentals, then it's even better to say so instead of hiding it. Because if you hide something like that and then he comes out with it, you will be in some bad spot, and if you share it, well, there is plenty of crazy people in the world.

I really don't think he will say anything UNLESS I give them his details. He is not legit in my opinion, no record of the company on any public domain; "company" address on a forum is given as 1 line, and a mobile phone contact number/hotmail account. Because he is not legit, I have doubts that KS could find him.

I guess my question then is when you say "if it comes out", how would it come out?

I think it is unlikely but if it does, I have a lot of evidence to show that anything he might say is a lie, as proven in court, however if I don't have to tell this convoluted story, I think it's better.

If I were a landlord, even if the person was in the right, the story is so long-winded and complex I would just reject and move on. So that's why I'm taking the gamble, and wondering if anyone can guesstimate the odds based on fact rather than assumption

Arleen

If you are looking for someone to say "it's okay just to close your eyes and hope they won't find out about the CCJ", I won't help you with that. For two reasons.

1. There is nothing to hide. Seriously. There was a CCJ; it is now set aside, and since landlord didn't sue again, he is unlikely to try again. And if he does, you have your proof to easily win the case (probably why he didn't bother).

Whether he is "legit or not" has no bearing here, you signed a rental agreement, lived in the apartment and paid for it. If your rights were wronged, then your recourse is to proceed with complaint to proper authorities and with a civil suit of your own. Not putting head under water and pretending that nothing happened.

2. The downside to withholding such information is potentially shattering.
All, it takes for the CRA they use to report the CCJ, and you are busted not only on having a CCJ but also hiding it from them. And that is lying, which is appalling for your credibility. Heck, even if they were to find this down the line for whatever reason in few months time, the landlord could use this as a valid excuse to break your current rental agreement (that would take quite a few extremely unlikely things to happen at the same time, but been known to happen).


And you can simply provide them with a copy of papers that set the CCJ aside, with the explanation why that takes the problem away, in a nice clean way. That is all you have to do, instead of waking up to being labelled as the liar who tried to sneak a CCJ past their eyes. And in that case, unless you are Saul Goodman, you will not talk yourself out of it.

annetheman

Wow you've strayed way off tangent there, friend.

I'm looking for someone to answer the question:

"if it comes out", how would it come out?

not

Arleen wrote: »

"it's okay just to close your eyes and hope they won't find out about the CCJ".

Precisely because it is a fact, they WON'T find out about the CCJ.

Once a judgement is set aside, it no longer "exists" in that any creditor who checks your credit history will not see it on any report. To be EXTRA sure, as I said above, I've just checked my full Experian report and it isn't there. No adverse credit at all.

With regards to my original question RE: how long until the CCJ disappears once the court has confirmed the judgement has been set aside, the Registry Trust has confirmed to me in writing that the judgement has been changed from Unsatisfied and has been removed from public record. Hurrah!

I'm still delaying the KS application by another 48 hours because the court told me it might take 24 hours for this effect to happen, so similarly I am guessing Experian or whatever KS uses might need a few days to "catch up" for creditors, juuuuust as contingency - I have a saved copy of the Registry Trust PDF report, should it not. With a very satisfactory "No records found" on it next to my name.

So with that I am satisfied the CCJ is not the problem anymore.

As an aside for anyone in a similar situation in future:

Yes withholding a CCJ is bad. It's a good thing I'm not doing that at all. Perhaps we can all learn another valuable lesson here, that we should also learn to interpret what we read in a post and try to stick to the question before constructing replies because you have completely missed the point.

But thank you. Feel free to move this to my Renting thread!

Anthorn

Just because the judgement has been set aside doesn't mean it's over and done with. The case just starts again from the beginning. However trustonline confirms that in the case of a judgement being set aside it is removed from the register of judgements.

If you genuinely disagree with a CCJ, you can ask the court to ‘set it aside' for a fee.

If this happens, the CCJ is removed from the Register. This doesn’t necessarily mean the case is over – it just goes back to the start, and the creditor will have to submit the court forms again.

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment

CRAs don't commonly keep their own records related to CCJs. They parse information directly from the Register Of Judgements. However if you think the CRA includes in this case what amounts to false information, complain to the CRA.