cleaning up ccjs af...
 
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cleaning up ccjs after trust deed

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(@shexwhyte)
Active Member
Joined: 12 years ago
Posts: 6
Topic starter  

hi there everyone, i signed up to a td on 17/7/09. it became protected 16/10/09, and have now been discharged much to my delight.

Since discharge, i have been cleaning up my credit reports, but im unsure about a ccj still lingering about with an "active" status on my file.Welcome finance have updated the loan status to "satisfied", but the ccj regarding the loan is "active", so i have a few questions.

1. The ccj was issued on 26/8/09, after the td was signed. Is this allowed?

2.If the ccj is valid, can i get the status changed to "satisfied", now that my td has been completed?

3.If i can get the status changed to "satisfied", how do i go about this? Do i

a. contact welcome finance?
b. contact the issuing court?
or c. contact the credit reference agencies?

Thanks


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Welcome to the forum shexwhyte.

Is it certainly a CCJ that you can see there, or is it a default notice?

Do you remember there being any legal action with Welcome Finance?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@shexwhyte)
Active Member
Joined: 12 years ago
Posts: 6
Topic starter  

Hi TDA. Its definately a ccj. The Sheriffs officers came into my work 3 years ago and issued it.

I was on noddle earlier on today to double check. The welcome finance loan has been updated on my credit report and now shows as satisfied, however the ccj relating to the loan is "active".

thanks


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Were you resident in scotland at the time? A CCJ is an English thing - the Scottish equivalent is called a decree.

There is nothing to stop a creditor seeking a decree or CCJ after a trust deed is signed, or even after it is protected, though it doesn't happen much because there is very little point in them doing it. Maybe they had already gone so far down the legal route that they figured they may as well get the judgement in case the trust deed was subsequently terminated.

If you have been successfully discharged from the trust deed then I'd have thought that the credit file should reflect this - ccjs/decrees and all.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@shexwhyte)
Active Member
Joined: 12 years ago
Posts: 6
Topic starter  

On my credit file it says i have one judgement. When i click on it, it definately says "county court judgement". Issuing court is falkirk. I have been a scottish resident all my days. Confused.com


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Maybe the credit reference agency is just lumping together CCJs and Decrees shexwhyte.

We've never looked into what would happen to a credit file entry such as this upon discharge from a trust deed. I'm not sure that it has come up here before.

However, in terms of how everything else seems to work after trust deeds, I'd be fairly sure that this should now be marked as being satisfied. After all, the debt is no longer owed.

I'm not sure whether you need to notify Welcome or the Court. You may wish to check with the Court to see if they have any role in this. You might also want to raise an enquiry with the credit reference agency to see what they have to say about it.

Could you let us know what you find out in case it comes up here again?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@shexwhyte)
Active Member
Joined: 12 years ago
Posts: 6
Topic starter  

Ok TDA, i'll come back on the forum and update when i know more. Thanks


   
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(@shexwhyte)
Active Member
Joined: 12 years ago
Posts: 6
Topic starter  

Hi found this on the registry trust website. The faq section is pretty interesting.

24 -
How do I get a decree held on the Scottish Register marked as satisfied?

1) Obtain written evidence from the pursuer, or the pursuers agent, confirming:

i. Name of the court

ii. Case number

iii. Date of decree

iv. Amount of decree

v. Date that the debt was repaid in full

2) Forward the original written evidence to: Registry Trust Limited 153 ÔÇô 157 Cleveland Street London W1T 6QW With confirmation of the defendant's name and address at the time of the decree and enclosing an administration fee of £4.00 (made payable to the ÔÇ£Registry Trust LimitedÔÇØ) for each named person or business at a specified address or limited company name


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

That is interesting. I guess the only problem might be that the debt wasn't repaid in full.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@shexwhyte)
Active Member
Joined: 12 years ago
Posts: 6
Topic starter  

Worth a try i suppose. Not getting my hopes up though, as welcome finance haven't been the easiest company to deal with.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I'd still suggest speaking to the Court and/or a credit reference agency shexwhyte. You could also ask for a view from the Information Commissioners Office in terms of data accuracy and data protection.

The debt hasn't been repaid fully, but it no longer exists and therefore cannot be repaid.

Once you know what is possible it will be easier to make a case to Welcome (or to decide that there is no case to be made to Welcome).

An interesting one!

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@sharon21)
Eminent Member
Joined: 14 years ago
Posts: 38
 

Out of interest shexwhyte did you ever get this resolved? I am in the very same situation and having no luck trying to get CCJ marked to satisfed althought the debts has been marked as satisfed. Court said nothing to do with them.

Thanks


   
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