Court Judgment but no CCJ

Richard1994

As I understand it, when one fails to lodge a defence or pay a fine on time, a County Court will automatically pass a judgment which will, within approximately 6 weeks, mean a CCJ will hit your credit file.

This is the back story:- I was unfortunately caught by what really can only be described as the vindictiveness of an ex tenant who deemed my misdemeanour of not protecting his security deposit for 50% of his tenancy worthy of prosecution. He received his deposit back in full within the legal 10 days yet due to a law that is utterly ridiculous it can be exploited for no other reason than punitively punishing a landlord. And in spite of many attempts to reach an out of court settlement with the ex tenant I was met with stoney silence.

The law effectively means a judge has to dish out a virtual 'fixed penalty' of a minimum of 1.5 times the deposit value.

Yes it was an administrative error on my part and i take full responsibility.

Back to my point; why has a CCJ not appeared on my credit score in spite of the passing of 6 months?

I would be grateful of insight and how I might re-approach this.

[Deleted User]

Richard1994 wrote: »

As I understand it, when one fails to lodge a defence or pay a fine on time, a County Court will automatically pass a judgment which will, within approximately 6 weeks, mean a CCJ will hit your credit file.

This is the back story:- I was unfortunately caught by what really can only be described as the vindictiveness of an ex tenant who deemed my misdemeanour of not protecting his security deposit for 50% of his tenancy worthy of prosecution. He received his deposit back in full within the legal 10 days yet due to a law that is utterly ridiculous it can be exploited for no other reason than punitively punishing a landlord. And in spite of many attempts to reach an out of court settlement with the ex tenant I was met with stoney silence.

The law effectively means a judge has to dish out a virtual 'fixed penalty' of a minimum of 1.5 times the deposit value.

Yes it was an administrative error on my part and i take full responsibility.

Back to my point; why has a CCJ not appeared on my credit score in spite of the passing of 6 months?

I would be grateful of insight and how I might re-approach this.

Have you paid the tenant the money you owed him?

Richard1994

Not as yet no. This is why I am puzzled.

[Deleted User]

It's your job as a landlord to use the TDS for any deposits on rental properties.

As for the CCJ, are you asking as to why it's not appearing on your credit files?

Or are you asking why a CCJ hasn't been sought after?

[Deleted User]

A CCJ is usually logged 30 days after the court ruling. However, the credit files you view don't update in real time unless you pay Experian £14.99 a month. :eek:

Have your credit files been updated since the 30 days passed and have you checked all 3 credit files?

sourcrates

Hi,

This is one of those annoying little anomilies with the court system in this country, a CCJ as a result of rental arrears does not result in the CCJ being entered in the registry "unless the Landlord specifically requests it", the same applies in reverse with deposits recovered by a tennent, they would have to specifically request your name be added to the register, of course they probebly don`t know, or care, about this requirement, so with any luck, if its not showing now, the tennent has not requested it, and is infact oblivious to it.

Richard1994

Why it is not appearing.

sourcrates

Richard1994 wrote: »

Why it is not appearing.

As I said above, a CCJ as a result of rental arrears or refunds, does not automatically show on your credit file unless the person or organisation that took you to court, specifically requested it.

That’s is the reason it doesn’t show, because they didn’t request it.

This anomaly is unique to the rental market.

twhitehousescat

so if no cct is active , can the tennent use services of a bailiff to get money?

BoGoF

Yes they can, they still have judgement against you.

twhitehousescat

yes I understand , but its not recorded on register