Discharge & Cleaning up CRA Files

[Demanda]

Would appreciate any advice please:

I was sequestrated in March 2009 & discharged March 2010, however a CCJ was awarded against me in May 2009 even though the debt was included in my 'estate' (and as a result I was not represented in court.)

 

Now I cannot get either the lawyers, who wrongly pursued the case, nor Registry Trust, who record these for credit reference agencies, to correct or remove this CCJ from my files.

 

I didn't even know it was there until a bank refused to open account 'because you have a CCJ'; I have asked every month since May when I discovered it but getting nowhere.

 

Any help would be appreciated. thanks.

[Deb T]

What have the cra's and Registry on line said?

[Demanda]

Hey Deb T

CRAs say they can't change the file unless instructed by Registry Trust; Registry Trust say they can only remove if repayment is made within one month of decree.

Neither take on that the debt was covered by sequestration, although CRA does attach a note to my file (does anyone take notice of these?)

If you've any ideas...

[Deb T]

I'm not familiar with Scottish Bankruptcy, it may be similar to that of the England but you should contact your Trustee and explain the circumstances to them, if the debt/ccj was included in your

sequestration then I would of thought that a CCJ for said debt post your coming out of bankruptcy would not apply or even have any merit.

[Demanda]

Thanks Debs. That was my understanding, but getting someone to accept responsibility for correcting/updating the records is proving impossible.

Out of curiousity, why do you believe it would be the Trustee who could resolve this?

Cheers!

[Deb T]

Because although you appear to have been discharged from your bankruptcy you do still have certain obligations to the trustee and I suspect that

in some instances it's a two way trip as in he/she may have the power via their pen to help you with the having the ccj removed from your credit file

as it seems to have occurred on his/her (trustee's) watch.

[Demanda]

Aah... got you. That's not something that crossed my mind, so thanks, I'll try that route.

BW.

[WFSSales]

Hey Deb T

CRAs say they can't change the file unless instructed by Registry Trust; Registry Trust say they can only remove if repayment is made within one month of decree.

Neither take on that the debt was covered by sequestration, although CRA does attach a note to my file (does anyone take notice of these?)

If you've any ideas...

 

At the very least, you will get a human to look at it, bst you can do sometimes when all around are passing the buck. Spoke to an underwriter once and she did confirm that all NOCs are considered.

[buzby]

I would have thought, as the Sequestration will be showing on your file, it is this that will be the problem. A CCJ is small beer compared to this - so whilst your Trustee can advise RT that the CCJ was incompetent, I don't believe that CCJ's are annulled by the Sequestration (in Scotland). Therefore, as no CCJs are awarded in Scotland, you may need to go to the set-aside route in order to have it properly dispensed with

[Demanda]

Thanks for your comments; I managed to get this resolved within the last ten days and thanks to Registry Trust writing directly to the lawyers who pursued the court action even during my sequestration.

 

I've commented to lots of people that discharge from bankruptcy/sequestration is only the first step. 9 months since discharge to sort out my credit file and I still have issues with my credit file because creditors are reluctant to amend records even though they are wrong. Perseverance is required in bulk!

 

Looking forward to a happier New Year... ;-)