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Court Judgment but no CCJ

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  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    But the claimant will have paperwork from the court granting judgement.
  • sourcrates
    sourcrates Posts: 31,527 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Also the claiment can simply ask the court to register the judgement.
    In this case i suspect the claiment was unaware of the correct procedure, or the neccesity to ask the court to register the judgement in the first place.
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  • molerat
    molerat Posts: 34,563 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 January 2020 at 4:33PM
    The register is just to warn others that you don't pay your debts, the piece of paper issued by the court, the actual CCJ, is the one that counts for enforcement.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just me but it would show on your credit report and not credit score.
  • DCFC79 wrote: »
    Just me but it would show on your credit report and not credit score.

    6 months in and it does not appear on any of the 4 main credit reference agencies such as Experian or Equifax.
  • so if no cct is active , can the tennent use services of a bailiff to get money?

    Not if the property is let.
  • !!! wrote: »
    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?

    The first question.
  • 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?

    I pay the monthly fee to a service that covers the 4 main agencies and its not showing a CCJ on any of them.
  • sourcrates wrote: »
    Also the claiment can simply ask the court to register the judgement.
    In this case i suspect the claiment was unaware of the correct procedure, or the neccesity to ask the court to register the judgement in the first place.

    So, to be clear, if the claimant does not ask the court to register the judgement it will never be done? i.e. it will never show on the credit agencies?

    I do not intent to sit back and hope; I fully intend to abide by the judgment however unjust and ridiculous the law is.

    I spoke to the court on Friday and they said even after 6 months or so i can still submit an N245 form to vary the order; i.e. request instalments. That in itself is a little odd since one is supposed to do so within 14 days of judgement. Bearing in mind that the district court handed over the judgment jurisdiction to the High Court; I still do not fully understand why that happened

    I presume though, since the local court gave the aforementioned advise, that they will forward my offer to the claimant; previously my offers direct to the ex tenant and via the bailiff were ignored or not passed on respectively.
  • sourcrates wrote: »
    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.

    I appreciate your clarity. The NLA, in my opinion, should have known this fact; they didn't.
    Somewhat of a catch22 here though because if a payment plan is finally accepted by the ex tenant it may remind them or alert them to registering the CCJ.

    I suppose I could always propose a legal contract that satisfies both parties in this regard.. unsure of how one would enforce it from my side though; ie keeping the registration of the CCJ away. Any ideas appreciated.
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