Discharged Bankruptcy - Satisfied CCJs?

ToxtethO'Grady

A CCJ will only show as settled/satisfied if the amount was paid, this is where you can get a certificate of satisfaction from the registry trust.

In BR it was not paid, it was written off, so it is up to the creditor if they update the court and then the Register of Judgements on whether it will show as settled or satisfied during the 6 years from the date of the judgement.

The default date is not applicable as the judgement date is after it.

You've done the right thing raising a complaint but I feel the creditors may be within their rights to leave the judgements showing as they are for 6 years from the judgement date.

Fighter1986

The wordingToxtethO'Grady said:

A CCJ will only show as settled/satisfied if the amount was paid, this is where you can get a certificate of satisfaction from the registry trust.

In BR it was not paid, it was written off, so it is up to the creditor if they update the court and then the Register of Judgements on whether it will show as settled or satisfied during the 6 years from the date of the judgement.

The default date is not applicable as the judgement date is after it.

You've done the right thing raising a complaint but I feel the creditors may be within their rights to leave the judgements showing as they are for 6 years from the judgement date.

The wording on the ICO website has changed since GDPR came in and no longer mentions the word "Default".

They merely mention "Debts". This is a wider definition.

While what you say may have previously been accepted practice under the Data Protection Act, I believe it is no longer acceptable practice under GDPR, as the data reflected against the CCJ is misrepresentative of the fact that the balance is no longer owed.

I'll take that stance as far as UK legislation allows me to until the "acceptable best practice" is reconsidered. 

ToxtethO'Grady

Fighter1986 said:

The wordingToxtethO'Grady said:

A CCJ will only show as settled/satisfied if the amount was paid, this is where you can get a certificate of satisfaction from the registry trust.

In BR it was not paid, it was written off, so it is up to the creditor if they update the court and then the Register of Judgements on whether it will show as settled or satisfied during the 6 years from the date of the judgement.

The default date is not applicable as the judgement date is after it.

You've done the right thing raising a complaint but I feel the creditors may be within their rights to leave the judgements showing as they are for 6 years from the judgement date.

The wording on the ICO website has changed since GDPR came in and no longer mentions the word "Default".

They merely mention "Debts". This is a wider definition.

While what you say may have previously been accepted practice under the Data Protection Act, I believe it is no longer acceptable practice under GDPR, as the data reflected against the CCJ is misrepresentative of the fact that the balance is no longer owed.

I'll take that stance as far as UK legislation allows me to until the "acceptable best practice" is reconsidered. 

Thanks for the reply.

I see where you are coming from and I would love it if that works!

However for the courts/ credit report it is classed as a judgement not a debt so unless the judgement was paid they will say it is still outstanding, is where I feel, they will stand under a legal viewpoint. Even though the judgement is from debt it stopped being a debt, per se, when it became a judgement. A judgement can be for more than debt however I hope I'm wrong

Please keep us updated.

Fighter1986

I mean we could throw conjecture about this back and forth until we're blue in the face, you could also suppose that once a judgement has been made it becomes a debt to the court.

It's very open to interpretation. It's in the hands of the ICO now so we will have to just watch this space. They haven't even acknowledged receipt of my complaint yet so I doubt we're going to see an outcome for a while. 

Fighter1986

Thank you Moriarty Law! Really appreciate it 👍

ToxtethO'Grady

Fighter1986 said:

Thank you Moriarty Law! Really appreciate it 👍

Result! Well done!

luvchocolate

Please remove your email address and post your questions on the board. We are lucky to have some very knowledgeable posters. 
Or you can send a private message 

Maverick1103

Just came across this thread, I'm going to try my luck with Restons solicitors with a letter and see if I can get my active CCJ changed, I called them today and they told me it will remain on my file until Jan 2023, so fingers crossed the letter you sent @Fighter1986 works!