CCJ Fall out and how to clean it up?

[Des Colada]

Hello All,

Last year I had to go to court because I defaulted on a loan from Tesco Personal Finance. To cut a long story short, I lost the case (that was a given to be honest) but managed to repay the debt in full a short time later due to a matured insurance policy.

Anyway, as part of the action taken against me during this period I was served with a citation blocking the sale of my house.

Even though the debt has been settled in full (and I have that in writing) I assume that the solicitors acting on behalf of Tesco simply left the citation in place.

My question then is this;

[1]. How to I go about having this sort of citation removed.
[2]. Does this citation expire after a fixed period of time (or will it expire as a result of the settlement of the debt).
[3]. If I have to get a solicitor to remove this citation can I use any solicitor or does it have to be something specializing in this sort of thing?

Any advise is gratefully accepted.

regards

Des

[Amethyst]

Re: CCJ Fall out and how to clean it up?

Hiya Des and welcome to the site, sorry for taking so long to respond I have only just seen your post.

Are you in scotland or england/wales ?

England - Have you checked with the Land Registry if the charge is still on your property ? If the CCJ the debt is fully paid off, you can then apply to the court for a ‘Certificate of Satisfaction’ from the original CCJ (I believe this costs £35). The lender should then inform the Land Registry that the Charging Orders have been removed.

[Des Colada]

Re: CCJ Fall out and how to clean it up?

Hi there Amethyst.

Sorry, I left that detail out didn't I. I am based in Scotland so I assume that this will change the answer slightly?

Regards

Des

[Amethyst]

Re: CCJ Fall out and how to clean it up?

Yip I thought you may be in Scotland saying citation and the barr on selling - its more an inhibition order isn;t it ?.

No worries - I shall look it up for you.

[Amethyst]

Re: CCJ Fall out and how to clean it up?

from scottish executive - Your creditor will discharge or lift the inhibition if you pay them what is owed. The inhibition will lapse after 5 years unless your creditor renews it.


So basically you need to ask TPF to remove it as the debt is settled in full.

[Des Colada]

Re: CCJ Fall out and how to clean it up?

Hi Amethyst, thanks for checking this out for me.

It's interesting, I asked something similar of the solicitor acting on TPF's behalf (I had to go through them for all communications and payments) around the time I settled the debt and they were telling me that they could do it for me but that it would cost £150. I got the impression that they just wanted me to go away and were reflecting that in their response.

They were VERY disinterested in talking to me.

Is it your opinion that I should expect to incur a charge in getting this citation removed?

Regards

Des

[Amethyst]

Re: CCJ Fall out and how to clean it up?

No you shouldnt. £150 scamming gits. (my opinion)

I don';t know much on scottish law (as you can tell) but there is possibly a charge from the land regsitry for removing the inhibition from the property. Will certainly look it up. New law came in in April but bit of a minefield.

[WendyB]

Re: CCJ Fall out and how to clean it up?

Could you not ring the Land Registry, explain situation, and see what the best course of action is? You never know, it might be as simple as supplying them with proof of settlement, and they'll remove it. Naive of me, I know, but you never know!

[scottishlass]

Re: CCJ Fall out and how to clean it up?

Hi

I know this might not be the same thing but to have a ccj removed from your credit file you have to write to Registry Trust Limited I quote from a letter received from them " for each decree to be marked as satisfied, or to be deleted if paid within one calendar month,I shall require an original letter or receipt from the pursuer or pursuers agents giving the following information

1 Sheriff Court concerned
2 Amount of decree
3 Date of decree
4 Date paid in full

you might find the answer to your question here also


CCJs, court orders & fines - Search yourself and others - Trust Online

I hope this helps

[Des Colada]

Re: CCJ Fall out and how to clean it up?

Hi Everyone and thanks for the feedback. I think I will follows Amethyst's suggestion and simply ask for TPF to remove it and see what happens.

Scottishlass, with regards to your information, I was not aware that you could ask for a CCJ to be removed. I just thought that once you had one it would stick to you for a set period.

I will let you all know what happens.

Best Regards

Des

[Des Colada]

Re: CCJ Fall out and how to clean it up?

Hello Everyone,

So I did as suggested and wrote to Tesco Personal Finance. I have learned through bitter experience that it is best to send all like this using recorded delivery (otherwise they just lie and say that the never got the letter).

Three weeks on and I have had nothing back from them, not even an acknowledgement of the request to remove.

I'd be very grateful for some suggestions on the next method of approach. Should I write again (this time using harsh language), call them directly, or is there some other course I could take.

.... answers on a postcard please .....

Thanks as always for your help, it is much appreciated.

Des

[Amethyst]

Re: CCJ Fall out and how to clean it up?

Have you given the HO a call to check they have received the letter ? or checked on your file to see if it has been lifted ?

I'd do that first before taking any further action. Really Tescos should bear the costs for removal of the citation so I would plug on with getting them to do it.

[veilside01702]

Re: CCJ Fall out and how to clean it up?

Just to let you all know......TPF was 50% owned by RBS..... but Tesco have just bought out RBS so now own TPF completely.....
I was told this when I renewed my contents insurance this week....
Might be the change over has resulted in letter going missing?
Hope this helps....
Russ

[Des Colada]

Re: CCJ Fall out and how to clean it up?

Hi All, it's been a while and I am no further forward. I'm now looking for some guidance on what try next.

To catch up.

[1]. My recorded delivery letter was 'lost' once it got to TPF.

[2]. I have just received a new letter from the solicitor asking of I want them to go ahead and remove the Removal of Inhibition, but it will cost me £140 and I should reply in 7 days or they will close the case.

[3]. I can't get through to CAB, they are always too busy.

[4]. I have called the "credit management services" company (TPF description) three times, been put on hold until hung up once and been told "I will sort this out and get back to you" and "I will call them first thing in the morning and get back to you on your mobile number to discuss". As you might imagine, none of this amounted to anything. No call backs and no action.

[5]. Should I be able to check with the land registry to see if the inhibition order is still in effect - have looked around the site and can't see how to begin.

It appears that they are not interested once they have had full repayment.

The suggestion here is that it is absolutely up to the solicitor to remove this as it was they who applied for it in the first place. I suspect that they are trying to get me to leave it to expire naturally (I think 5 years?) rather than expend energy and cost in doing the right thing.

Any thoughts would be appreciated.

Des