CCJ's after Bankruptcy

Information to help you deal with your CRF's

Moderators: TalbotWoods, JaneClack

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CCJ's after Bankruptcy

Bygrim12984
- Sat Jan 26, 2008 11:15 am #184187 Hi guys and gals,

I've already posted this in the "After Bankruptcy" section but got no reply, so here goes...

I've started my CRF clearup, and on my credit files it is showing a CCJ in Telford County Court for RBOS group. I got this CCJ before I went bankrupt, and the RBOS debt was included in the bankruptcy, however the CCJ is still showing as active?

Anyone got any ideas about this. I'd have thought that the CCJ would have been cancelled with going bankrupt, or is this something else I will have to look into?

Regards

Grim
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Re: CCJ's after Bankruptcy

ByYogi Bear
- Sat Jan 26, 2008 11:43 am #184190 As I understand it, pretty much all unsecured debts are included in a bankruptcy including any for which you've already got a CCJ. I suggest you contact the County Court who will tell you what the correct procedure is for dealing with the CCJ, and that will in turn update your Credit File automatically.
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Re: CCJ's after Bankruptcy

Bygrim12984
- Sat Jan 26, 2008 4:07 pm #184247 Thanks Yogi,

I still can't get over how helpful people are on this board, and how much brilliant information is available.

Grim
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Re: CCJ's after Bankruptcy

Bygrim12984
- Fri Feb 01, 2008 7:08 pm #185059 Hi there,

Just an update. Spoke to Telford County Court today who advised me that the CCJ would remain showing as "active" on my CRF's and would drop off 6 years from the date of the CCJ. Can anyone else confirm this is correct as the woman on the telephone sounded like she was guessing TBH.

Regards

Grim
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Re: CCJ's after Bankruptcy

ByTalbotWoods
- Fri Feb 01, 2008 10:22 pm #185074 Unfortunately the answer is yes.

It is because of legal stuff to get a CCJ marked as satisfied, legally to get them marked as satisfied you have to pay the full amount to clear it, by entering into bankruptcy you effectively prevent that from happening, as thought the debt no longer exists you have not paid the full amount in hard cash.

However, some but not all creditors are open to the idea, that should you offer to pay the court fees to get it marked as settled they will do this (as they neither make or lose from it) but it is entirely up to the discretion of the individual creditor.

Also remember it will drop off before the bankruptcy anyway!

Tim
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Re: CCJ's after Bankruptcy

Bygrim12984
- Sat Feb 02, 2008 9:00 am #185106 Thanks TW,

Would I have to approach the lender to do this or could I just apply tot he court to have it set aside? Any Idea how much it costs?

Cheers,

Grim
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Re: CCJ's after Bankruptcy

ByYogi Bear
- Sat Feb 02, 2008 10:08 am #185114
grim12984 wrote:Would I have to approach the lender to do this or could I just apply tot he court to have it set aside? Any Idea how much it costs?

You'd have to approach the lender and ask. You can't have the CCJ set aside: you can only do that if it was made incorrectly or not following the proper procedure in the first place.

If the lender agrees to give you a letter to say that debt has been cleared, the Court fee for a Certificate of Satisfaction is currently £15.

Re: CCJ's after Bankruptcy

Bydancov
- Mon Feb 04, 2008 9:00 am #185341 Since a CCJ can't be marked as 'settled' due to legal stuff, does this mean that the amount still outstanding (£18,500 in my case) will show on my CRF for the full 6 years?

Cheers.
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Re: CCJ's after Bankruptcy

ByYogi Bear
- Mon Feb 04, 2008 9:06 am #185343 It'll remain on your CRF for six years from the date of the judgement, whenever that was. If the lender won't agree for it to be marked as satisfied, you could always ask the agency for a 'Notice of Correction' to be added to make it clear that the £18500 was included in your bankruptcy.
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