CCJ - 5 years in

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  • zx81zx81 Forumite
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    Good spot!

    The principle is the same, but it's unlikely that the Nationwide will branch out into parking enforcement!
  • edited 26 February 2019 at 3:48PM
    SystemSystem Forumite
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    edited 26 February 2019 at 3:48PM
    There’s a lot of nonsense posted on this forum, but this post has to be one of the worst.

    If you are entering into a contract and are asked if you have ever had a CCJ then of course you have to be honest and say that you had one.
    Not if it is over 6 years old.
    I had a friend recently lose his career in banking because he chose not to disclose a caution he had formshoplifting as a young teenager. The caution was given over twenty years ago but the lie was in the present day so he failed the fitness and propriety test and will never be able to work in banking for the rest of his life because of the dishonesty.

    If it was classed as spent under the Rehabilitation of Offenders Act he didn't have to unless the job was in the list of exemptions of the ROA.

    https://www.nacro.org.uk/resettlement-advice-service/support-for-individuals/disclosing-criminal-records/disclosing-criminal-records-employers/

    The only jobs in finance which are exempt from the ROA and where he would be required to declare a spent conviction if asked are dealer in securities, chartered accountant or certified accountant.

    http://www.legislation.gov.uk/uksi/1975/1023/schedule/1/made

    If he wasn't doing any of those jobs he likely had grounds to sue the employer for unfair dismissal if that was the reason given as they would be in breach of the ROA.
  • jimbo26jimbo26 Forumite
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    Cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent immediately.

    Unless applying for particular types of work they do not need to be disclosed. The application form will state that it is exempt from the Rehabilitation of Offenders Act 1974
  • XbigmanXbigman Forumite
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    If you have had a CCJ and you apply for a financial product which asks if you have ever had one (typically a mortgage or insurance might include this question) then if you are caught lying it is breach of contract. Depending on the product this can be serious. It can also get you a CIFAS marker.
    As time passes the chances of getting caught drop down to being negligible but in the short term it is easy to get caught. National Hunter for one keep records of applications. If you are inconsistent with applications it can get spotted. This is why despite going bankrupt in 1990, nearly 29 years ago, I still say yes to the question 'have you ever been bankrupt' when I apply for a mortgage or take out insurance.


    Darren
    Xbigman's guide to a happy life.

    Eat properly
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    Save some money
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