Two CCJs only now aware

[macjohn]

Hi,

I have just been made aware that I have two CCJs against my name, embarrassingly I was told by my potential employers when they have done a credit/reference check.

I had no idea and when I asked if they could give me the details I have contacted the courts and for the details. There are two, one for £2k with Equidebt Limited and one with A&L/Santander for £10k.

I contacted Shoosmiths with regards to the £10k one (dated Aug 2009) and offered them a full and final settlement figure of £8k which they have accepted but have told me that they will update the Credit Reference Agencies that the CCJ has only been 'partially settled'.

Now Equidebt (dated Jan 2010), I have found out that they went into administration in 2013. I spoke to the solicitors they used Weightmans who wanted nothing to do with it. Told me that Cabot Financial bought the debt. I contacted them but they have no record of me. I then tried the solicitors that dealt with the administration, again no luck and I am at a loss what I can do now.

My potential employers have told me that I need to have both settled, so two questions really, because I have come to a full and final settlement figure with A&L can I get them to show the CCJ as settled rather than partially? Second one is how on earth can I clear the equidebt one when I have no one to offer payment to?

Any help would be greatly appreciated

[Never-In-Doubt]

Re: Two CCJs only now aware

You offered £8k on a CCJ that's 6 years old

[macjohn]

Re: Two CCJs only now aware

Desperation there is a chance they will withdraw the job offer. I have 28 days to make the agreed payment but am unsure that my potential employers will wait until August for it to become over 6 years old.

Does it disappear totally at 6 years old?

[macjohn]

Re: Two CCJs only now aware

And it's not 8k I've got, I'd be borrowing it off of my parents

[Never-In-Doubt]

Re: Two CCJs only now aware

Desperation there is a chance they will withdraw the job offer. I have 28 days to make the agreed payment but am unsure that my potential employers will wait until August for it to become over 6 years old.

Does it disappear totally at 6 years old?

yes it disappears after 6 years. Is your job in financial services / bank / accountant?

Let me ask Jo what she thinks. Sit tight.

[macjohn]

Re: Two CCJs only now aware

It's in an accounts department. Thanks Never-in-doubt, really have no idea about how to deal and clear these especially the equidebt one.

Once the six years passes can they reapply to the court?

[Never-In-Doubt]

Re: Two CCJs only now aware

It's still there just not on your credit file / trust online.

Jo (josie888) is best at this type of thing - I've asked her to pop in

[Joanna Connolly]

Re: Two CCJs only now aware

After six years the claimant needs the permission of the court to carry out any enforcement history which is unlikely to be granted if they have not been active prior. The Judgment cannot reappear on your credit file after the six year expiry period regardless.

[macjohn]

Re: Two CCJs only now aware

Thank you Josie. What can I do about the equidebt ccj? I have no one to even speak to about it to see if I can get it cleared. Everyone has washed their hands of it.

[Never-In-Doubt]

Re: Two CCJs only now aware

Thank you Josie. What can I do about the equidebt ccj? I have no one to even speak to about it to see if I can get it cleared. Everyone has washed their hands of it.

It will only show partial settled. In any event the Equidebt is six years old Jan 2016 so settling the Shoosmith one alone won’t clear your credit history. The problem is that Shoosmiths are now alive to the possibility of some money being paid so you should make it clear that the money is coming from a third party and that if they don’t update the CRA to say fully settled then the money won’t be forthcoming as you will not get the job (so cannot afford to repay the people who lend to you to settle). I think if we helped you to draft a full & final third party payment letter that it will likely be accepted.


Still doesn't solve the problem with Equidebt as nobody to negotiate with! So really, I would be ringing the court (that issued the judgment) and ask which address the claim was served at and also ask what date the claim was issued (do it for both judgments) - the court won't go into detail with you so just ask those two questions - address it was served and the date it was issued and the date of default judgment.

If it was served at the wrong address or if you can prove you weren't at the address then your prospective employer shouldn't really hold that against you. I would think the prospective employer will probably accept that you really didn't know about these CCJ's and therefore did not make a false declaration (which is worse than the CCJ’s themselves, particularly given their age).

If the rest of your more recent credit history is fine then you could disclose that to show you are financially responsible (ie copy your credit file and hand a copy to employer and say - look, it's all good for 5+ years etc etc)....

We'll update again after you call the court(s) and get the claim date, claim issuance address and the default judgment date.

Thanks

[panther12]

Re: Two CCJs only now aware

Is there any chance of coming to agreement with employers as it seems rather drastic to pay £8k (or any amount) when it's due to fall off the register in a couple of months anyway. Like you say it'll only be marked partially settled and even if you paid the full amount would still only be marked as satisfied and probably take some time through admin procedure to reach the register (that's if claimant bothers to tell them so you'd have to apply and pay a fee yourself for the certificate of satisfaction to amend the register). It would probably have fallen off the register by then anyway.

With the Equidebt, as they've gone tits-up and no one wants to know I think the only way to get this removed would be via a set aside application if you can show some good reason. Although with the amount of time passed since ccj I don't know if the courts would consider this but you may have a chance if you've only just discovered it and it's hindering your future employment. Chances are if equidebt aren’t around anymore and everyone's washed their hands from it then they won't bother to oppose the set aside app.

[Never-In-Doubt]

Re: Two CCJs only now aware

Is there any chance of coming to agreement with employers as it seems rather drastic to pay £8k (or any amount) when it's due to fall off the register in a couple of months anyway. Like you say it'll only be marked partially settled and even if you paid the full amount would still only be marked as satisfied and probably take some time through admin procedure to reach the register (that's if claimant bothers to tell them so you'd have to apply and pay a fee yourself for the certificate of satisfaction to amend the register). It would probably have fallen off the register by then anyway.

Agreed - to be honest I would be arguing with the employer saying that it was 6 years ago and providing a new copy of the credit file showing a clean history for 5+ years. I certainly wouldn't pay half my annual salary to clear something quick, I would rather say fuck it and wait till both were 6 years old then reapply for more jobs knowing the entries won't be publicly viewable anymore.

With the Equidebt, as they've gone tits-up and no one wants to know I think the only way to get this removed would be via a set aside application if you can show some good reason. Although with the amount of time passed since ccj I don't know if the courts would consider this but you may have a chance if you've only just discovered it and it's hindering your future employment. Chances are if equidebt aren’t around anymore and everyone's washed their hands from it then they won't bother to oppose the set aside app.

I'd ignore this - pointless wasting good cash on a set-aside.

As stated above in my last post, there isn't long on these and wasting over £8k is just that - a waste.

[panther12]

Re: Two CCJs only now aware

Agree with you mate and just spotted the equidebt drops off in Jan 16 so even going down the set aside route would probably take close on that long to get sorted even if succesful so no point at all really. I'm with you on this, if they won't take 5+ years of good history into consideration then bollox to em. Just hope a can of worms hasn't been opened by the F&F offer.