Might be the wrong sub-forum but CCJ advice....

[Wiggle61]

I received a default in 2009 and they subsequently applied a CCJ in 2011 which expires March 2017. Currently paying £45 per month and £2.5 outstanding in total.

I need to re-mortgage and would like to be in a position to do so as soon as this CCJ drops off. There will be about £2K o/s in 2017 so do I just continue making the payment for the next 5 or so years? Or is safest to make a F&F offer now?

The risk I'm trying to mitigate is this debt stopping me getting a mortgage post March 2017....

Thx all

[PlanB]

Re: Might be the wrong sub-forum but CCJ advice....

That's a tricky one.

If the creditor (who is it?) has been content to accept £45 per month for the last four years then I'd be tempted to let sleeping dogs lie since you are a homeowner so don't want a Charging Order on your property which could scupper any chance of a remortgage.

The reason I say that is because the person/business with the second charge has to give permission for a remortgage so at that point they could hold you to ransom.

Was the original CCJ a 'forthwith' Order or an 'instalment' Order of £45 per month? It matters because a CO has only been an automatic right (for debts over £1k and subject to the DJ's discretion) to creditors regardless of the Defendant keeping up with ordered instalments since October 2012.

Plan B x

[Never-In-Doubt]

Re: Might be the wrong sub-forum but CCJ advice....

I received a default in 2009 and they subsequently applied a CCJ in 2011 which expires March 2017. Currently paying £45 per month and £2.5 outstanding in total.

I need to re-mortgage and would like to be in a position to do so as soon as this CCJ drops off. There will be about £2K o/s in 2017 so do I just continue making the payment for the next 5 or so years? Or is safest to make a F&F offer now?

The risk I'm trying to mitigate is this debt stopping me getting a mortgage post March 2017....

Thx all

Specifically, in answer to your question the default, CCJ, CO & payments are all separate issues. From what you say you stopped paying and got defaulted in 2009. That means the default entry recorded on your credit file will go in 2015 - it may already be gone. As for the CCJ, is this definite? You should check Trust Online and your Credit File for any CCJ - Trust Online is the official CCJ register so it may not be on your credit file but might be on Trust Online. Likewise, a CCJ entry lasts 6 years so by 2017 whether paid or not, the CCJ will drop-off and won't be visible by others.

If you'd rather settle the debt now in a lump sum it matters little - the CCJ will stay until 2017 regardless. So you might be best advised to continue paying the £45 per month and save up so when the CCJ is ready to drop off, you could then make a final payment to get rid once and for all. There's no benefit in paying it now as the entry will remain until 2017.

As you've no intention of cessation of payments there won't be a follow-up CO added.

Honestly, if it was me I'd just keep paying as agreed and save a bit to settle before the CCJ drops off so it's all done & dusted in 2017. If you can't settle in 2017 just carry on paying - the CCJ drops off regardless. The ONLY exception is if a CO was added at time of judgment (post 2012) - which seems unlikely based on the dates. But if there was a charge you'd need to settle the charge before remortgaging.

[Wiggle61]

Re: Might be the wrong sub-forum but CCJ advice....

Specifically, in answer to your question the default, CCJ, CO & payments are all separate issues. From what you say you stopped paying and got defaulted in 2009. That means the default entry recorded on your credit file will go in 2015 - it may already be gone. As for the CCJ, is this definite? You should check Trust Online and your Credit File for any CCJ - Trust Online is the official CCJ register so it may not be on your credit file but might be on Trust Online. Likewise, a CCJ entry lasts 6 years so by 2017 whether paid or not, the CCJ will drop-off and won't be visible by others.

If you'd rather settle the debt now in a lump sum it matters little - the CCJ will stay until 2017 regardless. So you might be best advised to continue paying the £45 per month and save up so when the CCJ is ready to drop off, you could then make a final payment to get rid once and for all. There's no benefit in paying it now as the entry will remain until 2017.

As you've no intention of cessation of payments there won't be a follow-up CO added.

Honestly, if it was me I'd just keep paying as agreed and save a bit to settle before the CCJ drops off so it's all done & dusted in 2017. If you can't settle in 2017 just carry on paying - the CCJ drops off regardless. The ONLY exception is if a CO was added at time of judgment (post 2012) - which seems unlikely based on the dates. But if there was a charge you'd need to settle the charge before remortgaging.

Thanks. The default has already gone, I just mentioned that as background more than anything else. I know that I'm stuffed until 2017 and unable to change that, but really want to avoid anything messing me up in 2017 e.g. a subsequent CO. How do I find if there is a charge? I've checked trust online and all it says is "Unsatisfied Judgment" March 2011.

Essentially best to keep on paying the agreed monthly amount and then offer a F&F in March 2017?

Cheers both

[Never-In-Doubt]

Re: Might be the wrong sub-forum but CCJ advice....

That's it - pay it all off by Feb/Mar 2017 and you'll be fine. It'll all vanish once you settle it

[PlanB]

Re: Might be the wrong sub-forum but CCJ advice....

e.g. a subsequent CO. How do I find if there is a charge?

You can check on Land Registry but you wouldn't have got a CO without first being sent a copy of the Interim CO (which is granted without a hearing) which is sent to you by LR, followed by notification of the final CO hearing which would be sent to you by the county court, so I very much doubt there is one if you haven't been informed of it.

You can also sign up to Land Registry's free property alert service so you'll get an email notifying you of any activity/searches on your property:

https://propertyalert.landregistry.gov.uk/

Plan B x

[Wiggle61]

Re: Might be the wrong sub-forum but CCJ advice....

That's it - pay it all off by Feb/Mar 2017 and you'll be fine. It'll all vanish once you settle it

In full? What if it's not paid in full? Paying £45 per month will leave about £1500 o/s at that point

[Wiggle61]

Re: Might be the wrong sub-forum but CCJ advice....

You can check on Land Registry but you wouldn't have got a CO without first being sent a copy of the Interim CO (which is granted without a hearing) which is sent to you by LR, followed by notification of the final CO hearing which would be sent to you by the county court, so I very much doubt there is one if you haven't been informed of it.

You can also sign up to Land Registry's free property alert service so you'll get an email notifying you of any activity/searches on your property:

https://propertyalert.landregistry.gov.uk/

Plan B x

Thanks! Any idea how I can check if there was indeed a CO applied at the point of CCJ?

[PlanB]

Re: Might be the wrong sub-forum but CCJ advice....

In full? What if it's not paid in full? Paying £45 per month will leave about £1500 o/s at that point

I hope I'm right in saying that a CCJ remains on your CRA file for six years from the date of the judgment regardless of whether you have paid it or not. So in your case there will be no record of it after March 2017.

Nevertheless you will still owe the outstanding balance of the CCJ although anyone searching your CRA file won't know/see that.

COs are not registered on CRA files because they are nothing to do with credit obtained

A creditor can only apply for a CO for a debt over £1k so you can always pay a lump sum sufficient to reduce the balance to £999.99 to protect yourself from a CO and then carry on paying the balance at £45 per month (if that's the sum stipulated on the CCJ).

Plan B x

[Wiggle61]

Re: Might be the wrong sub-forum but CCJ advice....

I hope I'm right in saying that a CCJ remains on your CRA file for six years from the date of the judgment regardless of whether you have paid it or not. So in your case there will be no record of it after March 2017.

Nevertheless you will still owe the outstanding balance of the CCJ although anyone searching your CRA file won't know/see that.

COs are not registered on CRA files because they are nothing to do with credit obtained

A creditor can only apply for a CO for a debt over £1k so you can always pay a lump sum sufficient to reduce the balance to £999.99 to protect yourself from a CO and then carry on paying the balance at £45 per month (if that's the sum stipulated on the CCJ).

Plan B x

Thanks once again. How do I check if there's an existing CO? THANKS!!

[Wiggle61]

Re: Might be the wrong sub-forum but CCJ advice....

Actually, I've read CAB and also reread your post.... A CO wouldn't have been issued at the same time as the CCJ, they are used only if I had missed a payment (which I haven't) so fairly safe to say I'm all good

[PlanB]

Re: Might be the wrong sub-forum but CCJ advice....

How do I check if there's an existing CO?

You search Land Registry online where you can download a PDF of the information for your property for a £3 fee.

https://eservices.landregistry.gov.u...0C7IdFQG9k5Tz/

Plan B x