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Author: SimJ Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 171647  
Subject: CCJ / Bankruptcy query Date: 09/02/2008 20:27
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Hi,

I have two CCJ's still on my credit files.

They were both included in my Bankruptcy (Jan 2003, discharged Jan 2005).

Even though the CCJ's were never paid off, they were obviously 'written off' with the Bankruptcy weren't they?


My queries are -

1/ After contacting Northampton County Court / the original creditor (Littlewoods) / the DCA to which the one CCJ debt was passed, I was finally told yesterday by the DCA, that they would not mark the CCJ as 'Settled' on my credit file, as it was never paid. I managed to get the Default to be marked as 'settled' by Littlewoods last year, but the DCA are standing firm, saying that "even though the debt was included in the Bankruptcy, that only means that we can't chase you for the debt. We won't mark it as 'settled' with Experian and Equifax though as it needs to still be paid"

I told them that it doesn't need to be paid as it was included in with the Bankruptcy, and that the reason for my call was to ask them if they'd mark it as satisfied with the CRA's, due to the original Default now showing as settled.

The DCA woman just reiterated that as the debt was included with the Big B, then this just meant they couldn't chase me for the debt.

Anyway, my question is, am I right in thinking, that due to the 6 year rule, if this CCJ notice was dated March 2002, does that mean that it will disappear from my credit files next month?

2/ My other concern is, if the CCJ drops off next month, what is to stop the DCA from re - registering the CCJ against me and re - starting the 6 years? in the DCA's eyes, the woman kept telling me, the debt was still outstanding. I just rebuffed her, saying that the debt was 'written off' as of the date of the Bankruptcy, thus is not owing. I am a little worried though, that they could re - serve the CCJ just be arsey. (They were pretty rude on the phone, although eventually gave in to my requests to speak to their manager! Geoffrey, Parker, Bourne solicitors if anyone's wondering, and I'll certainly never get into debt again after speaking to them!)
So, any idea fellow Fools as to whether or not a DCA can just re - serve the CCJ? I am probably just over - worrying and should just wait for the one CCJ to drop off my files in March, and the other in September..Yay!!

3/ My last question if I may please, is, if my Bankruptcy Order was made in Jan 2003, and I was discharged Jan 2005, will the Bankruptcy Notice on my credit files drop off 6 years from the date of the original 'order' ie - 2003, thus drop off Jan 2009, or 6 years from the 'discharge', ie - 2005, thus drop off Jan 20011. I'm hoping it's the former, so that it'll drop off Jan of next year. Is this correct?

Many Thanks,

Sim.
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Author: SimJ Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132627 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 09/02/2008 23:25
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3/ My last question if I may please, is, if my Bankruptcy Order was made in Jan 2003, and I was discharged Jan 2005, will the Bankruptcy Notice on my credit files drop off 6 years from the date of the original 'order' ie - 2003, thus drop off Jan 2009, or 6 years from the 'discharge', ie - 2005, thus drop off Jan 20011. I'm hoping it's the former, so that it'll drop off Jan of next year. Is this correct?

I meant 2011, and not 20011 obviously..heaven help me, I would be in for a long wait!

Cheers

Sim.

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Author: SON1C Big gold star, 5000 posts Top Favorite Fools Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132628 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 10/02/2008 00:20
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Any CCJ would be extinguished by your bankruptcy. The DCA cannot issue fresh proceedings for the debt after you are discharged, that is the whole point of bankruptcy.

However, the DCA are right in so far as they are not obliged to mark your file as satisfied. They are wrong to say that it still has to be paid, it doesn't.

CCJs are removed from the public record whether they have been paid or not, 6 years from the date of Judgment. if Judgment was entered against you in March 2002, then the Judgment will be removed by the registry trust automatically, at the end of March 2008.

Similarly, your bankruptcy order will be removed from the public record at the end of January 2009, 6 years from the date of the bankruptcy order.

Cheers - Col

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Author: VikingWarrier Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132635 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 10/02/2008 09:15
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As an aside.

I recently read an article about strange goings on in the debt markets in America. True that is not here but as we know what starts in America usually ends up over here well you just never know. It went like this,

Debt is often sold on from banks to collection agencies who then chase for the full amount or what they can secure. Well a strange thing began to happen where bankrupts debts were being sold. Naturally the judges and experts were totally amazed that debt with no chance of ever being realised had any value at all.

Then ex bankrupts who were applying for mortgages were finding the original debt was still on their files and were being told to pay it off before a mortgage could be considered. This despite it being part of the bankruptcy. Some have paid it off to get a house.

Luckily we in the UK have the 6 year rule but with the rise in American based finance houses setting up over here how long would it be before they begin pressing for removal of this law? It wouldn't surprise me if there is indirect pressure placed on people to clear such debts within the 6 year rule though.

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Author: SimJ Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132643 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 10/02/2008 15:17
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Thank Col, thats good to know. As always, you're a star!

Thanks also to Viking Warrior. Forewarned is forearmed and all that..

All the best both,

Sim.

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Author: IGotGrazed One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132670 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 11/02/2008 16:09
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This may be some use.
I am currently starting the process of trying to get any defaults marked as settled/partially satisifed.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/bankruptcy_faqs_v2003.pdf

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Author: IGotGrazed One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132672 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 11/02/2008 16:14
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Just saw this on some other site.
Apparently if its a CCJ consider this route. Maybe someone else (SONIC?) can chip in. Then you can hit the creditor/DCA to update it properly.

First, get a receipt or letter from the creditor confirming payment has been made in full. (or in the case of bankruptcy your bankrupty notice)

Then, write to the county court who gave the judgment.

* quote the case number
* enclose a copy of the receipt
* enclose a cheque for the current fee (I think £10, but check with the court office) in favour of HM Paymaster General (or HMCS cant remember which but the court will be able to tell you)
* ask for a Certificate of Satisfaction

Then you need to write to each of the CRF,s enclosing the certificate of satisfaction, and request them to mark the CCJ as satisfied.



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Author: manzanilla Big funky green star, 20000 posts Top Favorite Fools Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132673 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 11/02/2008 16:21
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I can't see the point in worrying about this, let alone paying £10 to try to get it solved. As Col has said, everything will be dropping off your file and by this time next year it will be clear. Your credit rating is not going to improve if you get the CCJ marked as satisfied whilst the bankruptcy is still there.

manzanilla

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Author: IGotGrazed One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 132676 of 171647
Subject: Re: CCJ / Bankruptcy query Date: 11/02/2008 18:38
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Sorry Manz, think you might have got me confused with the OP.

If I were in his position I probably wouldnt bother.
But as I am just recently discharged I will be chasing the CRAs to make sure the information they hold about me is accurate. I probably wont improve my credit rating, but at least the information will be accurate.

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