Discharged Bankruptcy - Satisfied CCJs?

Fighter1986

Oh, when a dispute is raised against a CCJ with Equifax / Experian / TransUnion, they don't cotact the plaintiff - they contact the court, to ensure the record on your credit file is a true reflection of the record the courts hold.

Moriarty Law wouldn't have been involved in a dispute if I'd raised one with a credit reference agency.

Point taken about mortgage brokers questions three years from now ☺️

mwarby

Have you checked https://www.trustonline.org.uk/ its sounds like this would be source of truth as to whether yiu have a CCJ or or not. I've not had  CCJ myself likely, just a tonne of defaults

Fighter1986

I'll keep my £6 in the bank 😉

[Deleted User]

If the CCJ has actually been removed for good that's a result! But like mwarby said it could just be temporary (e.g. if they haven't had a reply within a certain timescale).

If you do want to see what trust online has to say... you can DSAR them... you get the same information as the £6 for free!

Fighter1986

It appears I jumped the gun. Sorry if I got anyone's hopes up.

It disappeared because the address link had somehow been removed from my Equifax credit file. It's still present and correct on Experian and Transunion. 

That's a pity but I'm OK with it. 28 days have passed so I've now just finished filing complaints with the ICO against Moriarty Law and PRA Group; after all the ICOs own advice states that the debts included in a discharged bankruptcy must be updated to reflect in some way they aren't outstanding any more. 

Watch this space  

MalMonroe

But it really doesn't matter because the big bugbear on your credit report is the bankruptcy. And it stays there for 6 years and for the whole of that time it will be difficult to get any credit. I know this from experience. Mine was a DRO which was, after a year discharged. But that doesn't mean it's forgotten. Basically it doesn't really matter what does or doesn't appear on your credit file as long as there's a bankruptcy showing. It's discharged, yes. But it isn't deleted. And financial institutions don't like bankruptcies or DROs unfortunately.

Fighter1986

I'm well aware of that, but you can't say that a CCJ which shows an outstanding balance of £11,000 has no worse effect than a CCJ which shows an outstanding balance of £0. Of course I'm going to be credit impaired for another 4 years 11 months, but I'm going to be credit impaired to a lesser extent when all the records are updated accurately.

Considering my OH and I are now able to save a sizeable sum into our LISAs each month, enough to give us a 15-20% down payment on a two - three bedroom house in three years time - it's imperative everything is as ship shape as possible ready for a mortgage underwriters perusal in a few years.

[Deleted User]

I worked in Underwriting until very recently - As fighter says above, the CCJ caused me no end of problems. Had it simply been set to "satisfied", I'm confident I'd have got my mortgage. They didn't care about the bankruptcy (within their lending criteria) - yes it was factored into credit scoring (I passed) and limited my LTV (no issues, I had more than enough deposit), but that itself wasn't going to stop the mortgage, they didn't ask a question about BR.

They kept incorrectly asking about my outstanding CCJ, which shows they had an issue. They then said something along the lines of "outstanding CCJ... given your previous credit issues". This means they were effectively "double counting" and so had incorrectly profiled me to be a higher risk (and as Underwriting is all about assessing risk - if they double count a risk, someone's going to have a very hard time). Had the CCJ just showed as £0, that "assessment" wouldn't have been made.

It was 100% their error, both in terms of understanding insolvency law and in Underwriting, but the way CCJ's are recorded doesn't help. If it wasn't disappearing next week I'd be tempted to fight it before I try again.

I also spoke (direct) to another Building Society and explained that I was having problems with my application elsewhere due to the Underwriters not understanding and going round in circles, so I wanted to start a 2nd parallel app.

The Mortgage Adviser checked with Senior Underwriting and said "well if it [the CCJ] shows on your credit file, it has to show as settled". I queried why this is so important and emphasised this just doesn't happen in practice. Given the law and that it disappears in May, can they not just use common sense - am I a high risk in March but not in May? If so, that seems ridiculous...... He just said: "well then we won't see it, so we won't know"!!!

Willingtofight

Hi Fighter1986,
Happy that you got rid of loans. I am worried about my loans. Got sick of paying Loans and credit cards from last 6 to 7 years and credit always going up. Can you please mention your email if you are willing to give me some advice? 

Thank you 

Fighter1986

Somerset_La_La_La said:

I worked in Underwriting until very recently - As fighter says above, the CCJ caused me no end of problems. Had it simply been set to "satisfied", I'm confident I'd have got my mortgage. They didn't care about the bankruptcy (within their lending criteria) - yes it was factored into credit scoring (I passed) and limited my LTV (no issues, I had more than enough deposit), but that itself wasn't going to stop the mortgage, they didn't ask a question about BR.

They kept incorrectly asking about my outstanding CCJ, which shows they had an issue. They then said something along the lines of "outstanding CCJ... given your previous credit issues". This means they were effectively "double counting" and so had incorrectly profiled me to be a higher risk (and as Underwriting is all about assessing risk - if they double count a risk, someone's going to have a very hard time). Had the CCJ just showed as £0, that "assessment" wouldn't have been made.

It was 100% their error, both in terms of understanding insolvency law and in Underwriting, but the way CCJ's are recorded doesn't help. If it wasn't disappearing next week I'd be tempted to fight it before I try again.

I also spoke (direct) to another Building Society and explained that I was having problems with my application elsewhere due to the Underwriters not understanding and going round in circles, so I wanted to start a 2nd parallel app.

The Mortgage Adviser checked with Senior Underwriting and said "well if it [the CCJ] shows on your credit file, it has to show as settled". I queried why this is so important and emphasised this just doesn't happen in practice. Given the law and that it disappears in May, can they not just use common sense - am I a high risk in March but not in May? If so, that seems ridiculous...... He just said: "well then we won't see it, so we won't know"!!!

Well we're still waiting for the ICO to open my cases I've sent to them, it will probably be a while yet. 

Your experiences support my case with the ICO, my stance is that the data is unrepresentative of the situation, and contrary to their own guidance on their website. 

Watch this space