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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I went bankrupt in June 2011. In May 2011 a charge was put

Resolved Question:

I went bankrupt in June 2011. In May 2011 a charge was put on my property by west London magistrates which was one of the reasons i decided i had to go bankrupt. I am led to believe that the charge on my property should have been lifted as part of the bankruptcy, but it is still showing as a ccj on my experian credit report. what do i have to do to get it removed
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask the date of the CCJ that is showing on your credit file please?For the avoidance of doubt the bankruptcy order you refer to was dated June 2011?
Customer: replied 1 year ago.

The ccj Was 10 May 2011

The bankrusy order was 17 june 2011

Expert:  Joshua replied 1 year ago.
I sincerely ***** ***** the delay in reverting to you - I have been in a meeting which overran. When you are made bankrupt the trustee will normally place a charge on your main residence. He then has a period of three years to either sell the property, negotiate with you to buy back the equity in the property or apply for possession of your property. If he does none of these things by the three year deadline the property ownership returns to you and you can apply to remove the charge from the title deed. In respect of any CCJs that are entered, assuming the monies oweing under the CCJs were included in your bankruptcy which in almost all circumstances would be the case, then the debts under these CCJs would no longer be payable following your completion of your bankruptcy order. However the record of the CCJs themselves remains on your credit file for a period of 6 years from the date they are entered regardless. Unfortunately the do not fall away on conclusion of your bankruptcy. Once each CCJ comes to its six year anniversary it will be removed from your credit file and not shown to lenders that search your file. If any CCJ is older than 6 years and is still showing you can raise a dispute with the credit reference agency concerned and ask that this is removed though as above normally this is done automatically. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

can i apply to the courts to have the ccj removed as it should have been at the time of bankcrupsy

Expert:  Joshua replied 1 year ago.
Thanks very much for your reply. Unfortunatly as above, it is not possible to actually have the CCJ entries removed completely. They do not fall away on completion of your bankruptcy though as you say the debts are no longer payable under them. It is a common thought that following bankruptcy CCJS are wiped off. This is correct only in so far as the amounts owing under the CCJs are no longer owing but the CCJ entries themselves remain for 6 years from the date of the CCJ judgement regardless of bankruptcy.It is possible however to apply to have the CCJs marked as satisifed if they were included in your bankruptcy as is likely to have been the case because as such the debts are no longer owing following the ending of your bankruptcy period. You can do this by writing to the creditors in question and enclosing a prepaid envelope and letter asking the to sign and return to you to acknowledge that the CCJ is satisifed following completion of your bankruptcy. This can then be used to notify the registry trust that the CCJS are satisfied and your credit file will be updated to reflect this. Satisified CCJs are better than unsatisfied CCJs though even the presence of satisfied CCJS will be detrimental to your credit file though not as much so. Unfortunately it is just a matter of patiently waiting for the 6 year anniversay of the date of the CCJ to roll up when they will be clear off. There is further information you can read which sets out the above again and deals with the position regarding any defaults and so on you can find here:http://debtcamel.co.uk/credit-file-after-bankruptcy/ Can I help you with anything else or has the above answered your questions satisfactorily?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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