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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Day Do I have the right to request removal of historic

Customer Question

Good Day
Do I have the right to request removal of historic CCJ's which were registered whilst I was an undischarged bankrupt, and which were previously included in my list of creditors at the point of bankruptcy?
Regards
David
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What were the dates of the CCJs please?
Customer: replied 2 years ago.

Hi

I was declared bankrupt on 15.07.09.

The 3 CCJ's were dated 2010 (2) and early in 2011.

I was discharged from bankruptcy on 14.10.11.

Regards

David

Expert:  Jo C. replied 2 years ago.
Thanks.
You canot get CCJs removed if they are within six years of the date of judgment.
What you can do is have them marked satisfied if indeed they are satisfied.
CCJs drop off automatically after six years whether satisfied or not.
A redit record though is a record of a person's finances and has to be accurate. They cannot remov remove CCJs completely as a reward for making payment.
A satisfied CCJ does score much better than an unsatisfied one upon applications for credit.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

You are stating facts of which I'm fully aware, and you haven't paid any attention to my question

Expert:  Jo C. replied 2 years ago.
Unfortunately I'm not able to carry on because you have left a negative rating.
Best of luck.
Customer: replied 2 years ago.
Relist: Incomplete answer.
I would like to talk to a bankruptcy specialist
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
If it's factually correct that there were CCJs then sadly they can not be removed. This is because even though they were included in the bankruptcy if it is factually accurate that CCJs were obtained then the credit report will reflect that.
Sadly if there were CCJs even if included in bankruptcy then sadly they can't be removed as they are correct.
I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Hi
I have been advised that I would have been protected in bankruptcy from incurring debt, and on 15 July 2009 my debt was crystallised and effectively written off.
The Insolvency Service has advised that I should not have been the subject of further Court action after my bankruptcy date.
A Court official has advised me to submit form N244 to set aside the CCJ's.
Are you saying this isn't correct?
Regards
David
Expert:  Ash replied 2 years ago.
The court staff are not legally trained. You can of course apply to set aside but to do that you must show you have a defence to the claim. As it is now included in bankruptcy then it's settled.
Of course you can apply to set aside but the fee is. £155
I think your application would not win for the reasons above
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi
Can you clarify exactly why a claim would not be successful.
Regards
David
Customer: replied 2 years ago.
Relist: Incomplete answer.
Please provide a full answer
Expert:  Ash replied 2 years ago.
Sorry you relisted this so I did not see it.
It may not be successful as the test for setting aside is if you have a defence.
Does that clarify?
Alex
Customer: replied 2 years ago.
Hi
My defence is that:
1 I'm protected from debt in bankruptcy.
2 I left my matrimonial home prior to receiving summonses and I advised OR of same shortly after my bankruptcy.
Why do you think I don't have a defence?
How much am I being charged for your answers?
Regards
David
Expert:  Ash replied 2 years ago.
You are on pay per question so it's one fee.
I don't think you have a defence because notwithstanding they were included the debt was owing.
Alex

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