Old CCJ on Dormant Company file

[Dorco99]

Hello Everyone

I am trying to re-mortgage my flat (necessary for a couple of reasons I need not go into). It is proving difficult because of a) my age and b) I work overseas.
I have a score 999 personal credit rating and can say, hand on heart, I have never defaulted on any payment due in my life. The mortgage broker said a prospective lender has declined me because of a CCJ. I denied ever having had one. He said it was connected with a company and with the help of this site I have worked out what has happened. I own a dormant registered consultancy company. By 'dormant', I mean it has never traded. Accounts and company return must be submitted annually to Companies House (those nice people in Cardiff). In 2012, when I left the UK for my new job, having arranged to let my flat, I forgot to file the accounts until I returned on leave and found CH trying to get the company struck off. I filed the accounts straightaway, but I was only home for two weeks and later they started chasing me for a late filing fine - wait for it - £750 (sic) -and I nearly was. Much of my post never reached me - tenants tend to bin it,- so in April 2013, when I was home again, I found a letter from Howard Cohen & Co solicitors and Lewis Debt Services, threatening legal action. There was a tear-off slip for payment and after telephoning them, I paid the full amount by cheque on 26 April 2013. They did not ask for charges and I heard no more from them. Only now it appears the mortgage company has done a credit search on the still dormant company and there is a CCJ on the record. It will stay there for six years from 2013, or is there anything I can do to get it removed? I had no idea the company had been taken to court and was never notified of the CCJ. I have borrowed money since, without it coming up, but now it has. I would be most grateful for any advice offered.

[nemesis45]

Re: Old CCJ on Dormant Company file

Hi welcome to LB,
Who in named as the claimant on the CCJ you personally or the dormant company?
nem

[Dorco99]

Re: Old CCJ on Dormant Company file

Well, I don't know, because I haven't seen it. I tried to get a copy company credit report online from Experian, but they referred me for ID check, meaning I must use a PIN they will post to me. As I am overseas, this will take a month, probably. You would think the CCJ is against the company. However, I am the sole director and the mortgage lender has fingered me.

[wales01man]

Re: Old CCJ on Dormant Company file

You may have been liable for the fine as you are the person who has to submit the return a ltd company is a separate legal entity you would not be normally personally liable for its debts.
A CCJ stays on file for 6 years unless it was paid within 28 days

[Dorco99]

Re: Old CCJ on Dormant Company file

I don't dispute I was liable for the fine, as the sole director, although I think Companies House fines are iniquitous and disproportionate, and I paid it as soon as I became aware of it. My point is, why should I be punished personally two years down the line (or six years)? Why did the solicitors not remove the notice as soon as I paid? What can I do now?

[nemesis45]

Re: Old CCJ on Dormant Company file

A paying a defaulted account does not require the " creditor " or claimant to remove the default entry on CRA files, it is an accurate picture of the situation. BUT>

You need to find out the name of the organisation named as claimant then you can attempt to persuade them to remove the entry a gesture of good will as the non payment of a fine is not to my mind a matter of " credit " reporting.
Also a call to the Information Commissioners Office about this may well be very useful, on the grounds that other " government" fines are not reported to the CRA's.

nem

[Dorco99]

Re: Old CCJ on Dormant Company file

The claimant was Companies House, but the only trace on the CH record is the application to strike off, which is then withdrawn when the accounts were filed. It is Lewis Debt Services / Howard Cohen & Co, to whom CH passed collection of the fine, who have done this. They have no email address, so I can only write next month when in UK. Talk about overkill.

[nemesis45]

Re: Old CCJ on Dormant Company file

The claimant was Companies House, but the only trace on the CH record is the application to strike off, which is then withdrawn when the accounts were filed. It is Lewis Debt Services / Howard Cohen & Co, to whom CH passed collection of the fine, who have done this. They have no email address, so I can only write next month when in UK. Talk about overkill.

Strangled by "red tape"!!
Looking through various old matters I confirm my opinion that the was no right to
report this to the CRA's.

I will check further for you tomorrow.
nem

[Dorco99]

Re: Old CCJ on Dormant Company file

Any more news? This is really important, as I have been declined by mortgage lender. Mortgage Adviser says 'yes, yes, we know you didn't actually default and have explained all to lender, including fact you were never informed of CCJ, BUT their decision stands.' What use is that?

[nemesis45]

Re: Old CCJ on Dormant Company file

Cannot find any reason for a this to be reported to your personal credit files but then again there seems equally no reason why is should not be.

I company law expert tells me that making contact at a senior level with Company's House Legal Department may be helpful.

The fact a mortgage provider is using this to reject an application from you as " private person" because of the credit file entry he thinks is wrong, but he has not seen more than 1-2 such problems in many years, also look to the regulators including the ICO for help.

nem

[Dorco99]

Re: Old CCJ on Dormant Company file

Just to be clear: it is not reported on my personal credit file, where my score is 999.
There is a also credit file in the name of the dormant consultancy company (why, when it is non-trading?) I registered at Companies House, of which I am the sole director. CH fined me, whilst I was away overseas and doubtless some of my post did not reach me. I returned to find a demand from the debt collectors, which was my first intimation of the fine. I telephoned them and paid the fine by cheque immediately. There were no extra charges and nothing was communicated regarding court proceedings. Now, two years later, I find there is a CCJ on the dormant company credit file, of which I had no notice or knowledge and the mortgage lender has found this as part of an extended credit search (of 'directorships', presumably) and used it as grounds to decline my personal mortgage application. My mortgage adviser will not stand up to them and just says he will find another lender, who, of course, could well respond in the same way. Every declinature brings me closer to being blackballed completely, by all lenders. It is outrageous and unfair.
I shall telephone CH and also the lawyers/debt collectors (Howard Cohen / Lewis), but I would not mind betting they will say it is too late to change it and I am stuck with it for the full 6 years. Not sure who ICO are, but I shall look them up now.
It is high time something was done about the draconian methods of CH, the firm Howard Cohen, who ignore court rules about service of notices and documents, the county courts, who rubber-stamp mass filings of 'debt'-related, unserved summonses and finally the credit reference agencies, who are running a collossal scam. It is scandalous.

[wales01man]

Re: Old CCJ on Dormant Company file

We all agree with your last few lines but its not going to change to quick

[Dorco99]

Re: Old CCJ on Dormant Company file

I have found ICO website, but they will not accept a complaint unless you have first complained to the 'organisation'. I have downloaded their template letter to send to Experian, who will no doubt refer me to Companies House, who in turn will say it is the debt collectors and nothing to do with them. Pillar to post. Or should I complain to the lender who declined me, alleging misuse of my data?