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CCJ set aside but still showing on a bank credit check

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  • CCJ set aside but still showing on a bank credit check

    Hi everyone, I hope somebody is able to offer some advice or experience in this situation.....

    I applied for a mortgage in August 2013 to discover I had a CCJ on my file that had been there for 6 months!

    To cut to the chase, it was issued by HMRC but to an incorrect address, so I had no knowledge of the court proceedings. Of Course, when I did discover the CCJ, it was resolved by my applying to the court to have it set aside. It was for a debt going back to 2007 which had been paid in full at the time, but HMRC had allocated the payment to my self-assessment account INSTEAD of the account it was meant for.

    Very quick 2 minute court hearing, Judge immediately ruled to set aside on the grounds that the debt never existed as HMRC had the money all along.

    Certificate has been received from court, and I have checked with Registry Trust Ltd, who have confirmed that this should have been deleted from all three credit agencies as of 19 December 2013.

    HOWEVER, I have re-applied for the mortgage and been told by my broker that it has been declined again, on the basis that, even though CCJ has been set aside and it should no longer be showing on my file.... all banks/mortgage providers will still be able to SEE that footprint for the next 6 years. Apparently their checks are far more in-depth than a standard credit search, and it will never be removed.

    The fact that the CCJ was issued in error (and HMRC will be writing me a letter to confirm this), and it has been set aside, bears no weight. Lenders will always view it very dimly. My broker has told me that it will blight me for the next 6 years!!

    Surely this is not legal? there must be some law or act against this?? Please HELP......

    Many thanks
    Tags: None

  • #2
    Re: CCJ set aside but still showing on a bank credit check

    Is this true?

    Comment


    • #3
      Re: CCJ set aside but still showing on a bank credit check

      Originally posted by Bbang View Post
      Is this true?
      No. It's not. The broker here is talking a load of bo**ux.

      A CCJ can take 4-6 weeks to come off your credit report after a set aside in some cases, which is probably what happened here. Especially taking into account Xmas period.

      Comment


      • #4
        Re: CCJ set aside but still showing on a bank credit check

        Have you actually checked your credit files and the CCJ is still showing? If so, you should get it removed from those CRAs that are still showing it, bearing in mind the three agencies may show different data. If the CCJ was set aside and removed from the record it shouldn't appear on the CRA files either.

        Having said that, the mortgage broker in question has already been made aware of the existence of the CCJ and may be reluctant to get you a mortgage even if the CCJ no longer shows, :ohwell: they are under no obligation to consider your application even if your explanations are well founded so you may have to look elsewhere, but first make sure all three credit records are clean. :thumb:

        - - - Updated - - -

        Originally posted by Nibbler View Post
        No. It's not. The broker here is talking a load of bo**ux.

        A CCJ can take 4-6 weeks to come off your credit report after a set aside in some cases, which is probably what happened here. Especially taking into account Xmas period.
        It's been two years though, couldn't it just be that the broker is reluctant to consider the OP's application simply because they've seen the CCJ? :confused2:

        Comment


        • #5
          Re: CCJ set aside but still showing on a bank credit check

          Originally posted by FlamingParrot View Post
          It's been two years though, couldn't it just be that the broker is reluctant to consider the OP's application simply because they've seen the CCJ? :confused2:
          No it wasn't. Look at the OP's post. It's not the same person as Bbang.

          OP's set aside Dec 19th 2013.

          OP's 2nd mortgage app no later than 14th Jan 2014.

          Less than a month in between.



          I blame the dog avatars.....

          Comment


          • #6
            Re: CCJ set aside but still showing on a bank credit check

            Originally posted by Nibbler View Post
            No it wasn't. Look at the OP's post. It's not the same person as Bbang.

            OP's set aside Dec 19th 2013.

            OP's 2nd mortgage app no later that 14th Jan 2014.

            Less than a month in between.



            I blame the dog avatars.....
            I agree, it gets rather confusing when all dogs look exactly the same! :ohwell:

            Comment


            • #7
              Re: CCJ set aside but still showing on a bank credit check

              Maybe there could be a random handing out of new user avatars? i.e. so not everyone gets the grumpy Beagle?

              Comment


              • #8
                Re: CCJ set aside but still showing on a bank credit check

                Or everyone could go back to having ....
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

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