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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to know if I have a bankruptcy from 03/2009 (now

Resolved Question:

I would like to know if I have a bankruptcy from 03/2009 (now discharged and in its 5th year on record) and I also had a debt included in the bankruptcy but it also appears as a CCJ on my credit file from 12/2008 which is registered at an address I left prior to judgment (still at same address for last 5 years) is there a way of setting this aside as address was incorrect?

The reason is our family has outgrown our current home and we can get a mortgage with the bankruptcy (circumstances explained and documented) on file but not the CCJ for the sum stated as outstanding of £28,000, if I can get this removed for whatever reason we can get the mortgage so I would like to set it aside because I did not have the opportunity to defend as I was not there and it was included in the bankruptcy. (confused as to why this would be shown as not satisfies yet the bankruptcy states satisfied?

Regards
Paul
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Wna

Alex Watts :

What date was the CCJ please?

Alex Watts :

When did you find out about the CCJ please?

Customer:

Date of CCJ was 08/12/2008

Customer:

Found out about the CCJ on 6/01/2014 on my Equifax financial record

Customer:

Thank you

Alex Watts :

And your defence is that it should have been included in the bankruptcy?

Customer:

Yes

Customer:

But more importantly I need the CCJ registered as satisfied like the bankruptcy as minimum so my mortgage people will accept it, also the address served was not my current address at the time as I had moved

Alex Watts :

Have you spoken to the creditor and asked them to do this please?

Customer:

Yes, but it is not their policy

Alex Watts :

Is the debt satisfied though?

Customer:

only in term of a bankruptcy as this states it was satisfied on 03/2010, and the CCJ debt was pre bankruptcy in 2008, so it is covered by the bankruptcy

Customer:

financially satisfied - no

Alex Watts :

Have you send a copy of that to the Court to get a certificate of cancellation?

Customer:

but it is confusing as to why the credit files states bankruptcy satisfied and not the CCJ which would have come under the umbrella of the bankruptcy

Customer:

no

Alex Watts :

Send / take it to the Court with a copy of the bankruptcy that shows it is settled.

Alex Watts :

The court should then mark it as satisfied for you. There is a cost, I think of £15 to do this.

Customer:

sorry, take what?

Alex Watts :

You may need to send this certificate to Equifax, Experian and Call Credit

Alex Watts :

The document that shows that this loan was satisfied in the bankruptcy

Customer:

I do not have a document for this, this assumption is only because the bankruptcy was post CCJ so therefore all the pre bankruptcy debts are covered including the ccj, do you mean a discharge form bankruptcy certificate?

Alex Watts :

If you have a copy of the discharge certificate and can confirm from the OR it was included, these are the things you need.

Alex Watts :

Does that help?

Customer:

This will not remove the record from my credit file, which is what I would like to do so we can get a new mortgage, do I have a good enough position to state that I need it setting aside as I was not at the property at the time?

Customer:

or is there any other way I can get this set aside as I did not defend this at the time as I was unaware of it, or could I have it set aside because of any other reasons? I would have though the Bank would not fight it too much as they know it was in the bankruptcy and it is due to expire on its 6th birthday in Dec 2014

Alex Watts : Ok. But what is your defence to the original default?
Customer:

there was no defence, hence the placing in the bankruptcy, I just need to get it registered as satisfies on the credit file like the bankruptcy or removed so I can get a new mortgage as we need a further bedroom for a new baby. They will give me one with the bankruptcy but not the CCJ as well

Alex Watts : Ok it's bad news then I am afraid,
Alex Watts : The fact you did not get paperwork and moved is not a defence and not relevant.
Alex Watts : In order to set aside a ccj you need to show
Alex Watts : That you have a realistic prospect of successfully defending the claim and you acted promptly.
Customer:

OK


But should it be shown as satisfied? As is the bankruptcy?


Does the Bank have capacity to have it marked as satisfied?

Alex Watts : You admit you did not have a defence and therefore any application would fail.
Customer:

Yes I see that

Customer:

But should it be shown as satisfied? As is the bankruptcy?#

Alex Watts : Do the bank have capacity to change it? Yes
Customer:

OK, then I guess this is my only route

Alex Watts : Shoukd it be marked - probably not
Customer:

I will just have to grovel!!

Alex Watts : If you had paid it back in full then it would have to be satisfied.
Alex Watts : But it was written off
Alex Watts : Which is different from satisfying the drbt
Alex Watts : debt
Alex Watts : Do you see?
Customer:

Yes I appreciate that, my own fault, as only got credit file this month to check everything


 


Thank you for your time

Alex Watts : Can I clarify anything?
Customer:

You confirmed my thoughts on it, thank you

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

I will leave the feedback.

Alex Watts : Thank you Paul
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